employment issue

avfc78

I work in telesales - 40 hours a week - run of he mill - nothing too exciting. very occasionally, soe members of staff are asked to move boxes of catalogues. Untill a couple of months ago, i did this under duress - but then stated that i did not wish to do this any more as i did not want to hurt my back which i got occasional pain from.

Manual labour is not part of my job description - and i think peole in my office took excetion to ths and may think that i am 'trying it on' to get out of these duties.

My company is a spanish company wih UK oerations, and the woman who deals with HR matters has told me that i must go to a doctors and get a certificate to sate that i must not lift boxes. I am not registered with a GP since i moved to London and pretty much ignored this as i thought it was a silly request and a waste of everyones time.....

I received an email about a week ago saying that i must produce said doctors letter within 2 weeks. The woman rang me today at my desk and sais that the company took health and safety very seriously, and that it might affcet my work if i did not submit a letter - she was indicating that i might be sent home from work

......anyway - the lifting is such a rare thing that it would be easier to suck it u and lift the boxes - or just submit to there whims of this doctors consultation. there attituse has annoyed me though.....

without getting in to the rights and wrongs of registering at a doctors surgery (i know i should any way...) Can my employer demand this of me? Do i not habe human rights to decide if i want to register/see a doctor? I am quite capable of my duties of sitting on a phone all day - which is why i am there.

I would apreciate any help in knowing what my rights are, and whaht steps anyone would suggest. I know it is silly, buy i would really resent doing as they say before this Friday as i have been asked.

Please help.

jonesMUFCforever

You say that manual labour is not in your job description - but does it specifically say this?
I work in a bank - apart from cashiering and seeing people in interview rooms to open accounts etc I also do what is called old books and papers ie tidy up and prepare heavy sacks of waste ready to be collected.
It does not state anywhere in my contract that I have to do this but I take it to be part of my week to wek duties.

IMO you have two choices - either register with a doctor and see what he/she says about your back and if necessary get the letter that your employer wants or do nothing and carry on as now.
If you decide to do nothing any claim you may put in may be on risky ground as they have given you the chance on more than one occasion to submit this letter.

Once you have given them this letter if they still insist on you doing this and you do injure your back you could be in line for compensation from them.

YorkshireBoy

Section 2 of the HASAW Act 1974 states that:

“It shall be the duty of every employer to ensure so far as is reasonably practicable the health, safety and welfare of all his employees.”

They want you to visit your doctors to see if your 'injury' prevents you carrying out certain types of work.


Section 7 of the HASAW Act 1974 states that:

“It shall be the duty of every employee while at work:
...<snip>...
(ii) as regards any duty or requirement imposed on his employer [i.e. company] …. to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.


If you refuse their reasonable request, they could (ultimately) sack you.

Finally, I'd be very surprised if words to the effect of "...and to undertake any other work that can be reasonably required of you, and within your capabilities" aren't included somewhere in your job description/contract of employment - or does that only happen in manufacturing. :rolleyes:

Astaroth

I must say that getting a letter from your doctor does sound too much like "getting a sick note to get out of games from mummy" however I wouldnt say that it is unreasonable for them to ask you to take on additional duties and as long as health & safety is followed that there is no reason why lifting boxes should be excluded.

RibenaBerry_2

I agree with the above posters. I would also add that there is v little chance of them letting this drop. You have raised a potential health and safety issue, if they don't investigate, they are exposing themselves to legal risk for breach of the legislation and/or some sort of personal injury claim. They won't let you carry on lifting in case you do some sort of damage to yourself and claim PI. They won't let you stop without a note in case everyone else follows suit.

I would just go to the doctor and, if you need a note based on his medical opinion, get one.

avfc78

i have been tolf that i must make aq doctors appointment tomorrow or i will suffer the consequences - guess i must! )-:

ckerrd

Have they provided you with manual handling training?

If not they cannot expect you to lift things which "may" potentially injure you.

If you have some condition that precludes you from lifting boxes and it is not part of your core funtion, I would be surprised it hey could make you do it.
However most job descriptions these days tend to have catch all phrases for most things

chant1l

The bottom line is this, if you become a "difficult" employee, however that transpires employers can fairly easily catch you out. I used to manage a large department in a medium sized company and such cases were regularly reviewed and dealt with directly or indirectly. You need to ask yourself if this, is the area you want to stand your ground on, or are you taking out your frustrations by being difficult?

avfc78

I am taking measures to tregister with a surgery, and dealing with this. its a huge waste of everyones time - mine and the doctors.

I DO have a back problem, but there is also an element of the company picking on a said few to do these manual tasks which i resent. It has nothing to do with my role, does not benefit me....

I will let the company *WIN* on this one.... I have just received an unwarranted first written warning for a different matter, (which i will appeal - see other thread of mine! please help!) so i will be compliant in this now...

)-:

Missy79

If they are asking only a few people to do the additional duties you *may* be able to lodge a greivance with regards to discrimination. Obviously I don't know if this would apply in your circumstances or would be worth the hassle.

RibenaBerry_2

But discrimination only applies if they are picking on a particular gender, race, sexuality or whatever.

avfc78, I know that you're frustrated, but I don't think that this is a waste of time - not least because it means that the doctor does get to take a good look at your problem. Try and see it that way. And, armed with your note, they can't make you lift things...