employment issue

avfc78

they are only asking a select number of male staff, which you might think is fair enough - but there are probably stronger women in my team! (-:

Daisies

It sounds like registering with the GP is a good idea as you say you have got a back problem - they might be able to help with that anyway!

Also, I suspect moving and lifting stuff would be included in the "any other duties..." bit of the contract (every work contract I've had has had that bit in) but they should provide manual handling training.

ohmsoft

I must admit I sometimes get a bit annoyed when I get the comments at work like Ohmsoft can move that he's a big strong young lad, or leave that for Ohmsoft you shouldn't be lifting that - we're all employed on the same terms and get paid the same so it does smell a bit sexist/ageist.

That said when we have boxed that need moving etc I appreciate that somebody does need to do it and I am able to do so....although it's hard work I'd rather not do.

Catseyez

Hi,

Here's a link to the Citizen's Advice Bureau which provides information on all types of employment issues and employee rights:

http://www.adviceguide.org.uk/n6m/index/life/employment/monitoring_at_work.htm

If you are going to tackle anything, make sure you are FULLY informed of your rights first.

I doubt very much that your empoyer is trying to stitch you up before he leaves. When I left my previous job, I discovered that an employee thought I had 'stitched him up' by bringing an error to his attention. This was most certainly not the case and I was gobsmacked when I found out!

Unless your boss has a personal grievance against you (eg, you ran off with his wife etc) then I doubt very much that this is personal. Try to look at your actions from the perspective of your boss and you will probably see that they do have some justification in thinking that the eye-test matter seemed a little dodgy. Refusing to perform certain duites when your colleagues are happy to help, will make people think that you are not a team player and even lazy. I used to work with someone who refused to perform any other duites other than the main one. He became unpopular with his colleagues and was seen to be lazy and a p**s taker. He also wanted to be promoted but there was no way this would happen, given his attitude. If you do have a medical reason for being unable to do something, then the onus is on you to provide some sort of evidence.

I really don't mean this to be offensive in any way but I think it might be a good idea to re-evalute the situation and try to see how you are perceived as an employee.

Catseyez

jonesMUFCforever

I think that is very well put and avfc should take note.

AdamB

avfc78 wrote:

they are only asking a select number of male staff, which you might think is fair enough - (-:

IMHO that is sexual discrimination and possibly age discrimination. Ask to see the risk assessment for lifting the boxes. It may sound stupid but there should be a risk assessment for lifting heavy items. In the RA (if there is one) there should be training guildlines like correct lifting methods and getting 2 people to lift heavy items. Why don't they book you in with the company doctor if you do not have one??

avfc78

i think it is sex discrimination too....... not that i am advocating any person that is incapable for whatever reason, to lift heavy stuff. Additionally, i/we have not had any lifting training, and it is not part of the job description (although maybe loosely covered by a vague term saying i must do whatever i am asked)

I registered today at he doctors, have to see the nurse tomorrow and the doctor on friday - what a waste of everyone's time.....

The doctors said that they would charge for this service as it is not a medical matter as such. As thos leetr is for the complanies sole purpose and requirement - is it reasonable to ask for this cost back on expenses?

below i have copied an email from the seniour manager received today

avfc78

Dear D,

The reason why we concern about it is because at your job you obviously have to pack brochures for your clients, and that encompasses that sometimes you may have to carry a box full of brochures to your desk. In a couple of occasions last year you informed your line manager, C, that you could not do that because of your back problems, and that is our concern. That is why we need to have a medical back certificate to ensure your wellness.



Please advise us in any activity that could injure your back while we wait for you to provide us with a back certificate on the 2nd of February, as you requested.



Best regards,



L

---

From:
Sent: Fri 26/01/2007 14:14
To:
Subject: RE: back problems


L,

Thanks for your email - of course it is very pleasing that the company cares so much about my welfare and wellness. My opinion is that my *normal* duties do not have any negative impact on my back. I requested that as a precaution, I was not asked to partake in lifting heavy boxes etc - which I think is sensible, and not unreasonable.

I have not been registered with a doctors since I arrived in London, but have now arranged this - and will (all being well) have a medical opinion and statement provided to the company on this matter..

I was surprised by V's reaction to this affair - as lifting materials is not part of my job as such, I did not feel it was unreasonable to opt out of a thing that is required on a very rare occasion - and can easily be done on those rare occasions by other colleagues.

D

---

From:
Sent: Fri 26/01/07 12:49
To:
Subject: back problems


Dear D,



As Health and Safety is of paramount importance in (company name), we requested you last year a medical certificate in order to know to what extent you had back problems.



Since you did not provide it to us last year, we gave you two weeks to provide us with a doctor certificate explaining your back problem. Since you are asking for an extension now, until the 2nd of February, we agree on that, but could you please inform us now if you have any concerns on your back, so that we can take care of you, please? It is for your own well-being that we care about, we need to ensure that you don´t do anything during your work that could injure your back. What kind of things do you think that you cannot do due to your back problems?



Next Friday, 2nd of February we will accept your medical certificate.



Kind regards.

jonesMUFCforever

avfc I think that they are being reasonable!
Sorry if it is not what you want to hear but I would be intrigued if you could also copy your contract of employment on here as I am sure that your interpretation of your job is not the same as what's written on paper.

Gabs_3

If your company require any kind of medical report they have to pay any associated costs. Be careful that they don't try to use it as an excuse to get rid of you - if it is a long term condition (lasting more than 12 months) and has a significant impact on your ability to carry out normal day to day life (lifting is likely to be included in this) then your are likely to be covered by the Disability Discrimination Act. This would mean that your employers have to make 'reasonable asjustments' to both your work station and any duties. They would have to provide very good reasons as to why adjustments weren't possible. Excluding you from lifting sounds reasonable and does not prevent you from carrying out your main duties so your job should be safe.

Once they have the doctors statement they should ask you to a meeting to discuss any adjustments they need to make - if they fail to do so, ask for the meeting yourself. I would strongly advise putting everything in writing.

However you need to bear in mind that you only have these rights if your refusal is linked to a medical condition and not merely that you feel manual labour is not part of your job. You could however challenge them on sex discrimination is female co-workers doing the same job are not asked to move boxes.