return to work after injury.

th3_duckst3r

i have just returned to work after nearly 5 months of with a shoulder injury(which was caused at work which is another matter).

during the last year i have had 2 days off sick and 3 days authorised abscence.
for the 2 days i had off .i had a disciplinary hearing about my abscences from work.and was given a written warning for time keeping.

i have had another disciplinary hearing this week for my abscence from work.
again they brought back up the 2 days i had off in the early part of last year which had been dealt with and given written warning for.

i have now been given a final written warning.
my question is how can they hold against me again for the days ive had off which were dealt with.
and why are they taking into account my days off sick due to injury.which is all backed up with gp sick notes/hospital notes and phiso notes saying im unfit for work due to my shoulder injury.

i also asked my employer to find me alternate work which didnt involve lifting.
every time i took a sick note in which even explained that i could work as long as no heavy lifting involved.theres is work which i could have done as we have many offices or alternate work which dosent involve lifting.but was refused everytime.

so its not like i didnt wont to work or refused to work elsewhere.

the injury sustained was due to lifting.where by i suffered ligament damaged to shoulder,and ended up with bursitus.im still under phisiotherapy which will be ongoing for some time.

ohreally

A descent sickness absence policy will exclude work related injury from absence management, does yours differentiate?

You state you asked them to find you alternative work, what was their response at the time? Was this a verbal request or did you inform them in writing?

Would need to see the policy to comment further.

SarEl

Also, I am afraid "the whole other matter" matters. An accident happening at work and the employer being liable for that accident are two very different things. If the employer was liable for the accident - what have you done about it?

Other than that - sickness is sickness. Absence management requires that all sickness be counted unless there are reasons why it should not (as oghreally) suggested). It doesn't therefore matter whether you had sick notes or not. Unless there is a reason to discount it, such as the employer accepting liability for the accident, then it will be counted.

th3_duckst3r

thanks for responses.

to further you knowledge for help.
while i was off with an injury(as stated sustained at work).each time i got sick note from my gp it stated that i could work as long as no heavy lifting involved.(while im undergoing treatment to find out the seriousness if my injury),as i didnt and could not afford to be off work for financial reasons.
there is other departments where i work that i feel i could have been helpful.
but each time i asked the resounding response was no.and i know for a fact that others that have had injurys and or pregnant(while im on it pregnancy is not an illness) have been given alternate work.

as for discipline procedure i have it with me and cannot see anything stating towards being off work due to an injury.where i would incur disciplinary action towards myself.

there is no link with the 2 days i had off and the 4 months i had off ,they are completley seperate issues.and as i have said those 2 days where dealt with and was given a warning.i feel it irrelavant that they should stack these days/the previous warning.

so what im disagreeing with is i have been given a final written warning for being off work through injury sustained at work.i wanted to continue working,and asked for work in a capacity that didnt involve lifting.and was refused.
"the punishment dosent fit the crime" as one would say.

as a follow up yes i have put a claim in for the injury.which is ongoing.

scheming_gypsy

The other days aren't separate issues as they all count towards the sickness policy within an allotted time. If you're allowed 3 sickness periods in 12 months, they don't get scrubbed until the 12 months is up but they'll no doubt stay on your main working record for reference. Although you said and as i have said those 2 days where dealt with and was given a warning but you weren't given a warning; you originally said - .i had a disciplinary hearing about my abscences from work.and was given a written warning for time keeping. So you had a disciplinary for sickness but the warning was about time keeping....

You really don't want to push them too much as:
1 - they've got you down as a bit of a sick note
2 - you can't get in to work on time
3 - you're claiming for injury
4 - you're on a final written warning.

You need to keep your head down for x months till your sicknesses expire from the policy time, and your written warnings have expired or you're dangling a bullseye over your arse. If you're late or sick again it could be enough for another disciplinary to boot you out of the door.

SarEl

th3_duckst3r wrote: »

thanks for responses.

to further you knowledge for help.
while i was off with an injury(as stated sustained at work).each time i got sick note from my gp it stated that i could work as long as no heavy lifting involved.(while im undergoing treatment to find out the seriousness if my injury),as i didnt and could not afford to be off work for financial reasons.
there is other departments where i work that i feel i could have been helpful.
but each time i asked the resounding response was no.and i know for a fact that others that have had injurys and or pregnant(while im on it pregnancy is not an illness) have been given alternate work.

as for discipline procedure i have it with me and cannot see anything stating towards being off work due to an injury.where i would incur disciplinary action towards myself.

there is no link with the 2 days i had off and the 4 months i had off ,they are completley seperate issues.and as i have said those 2 days where dealt with and was given a warning.i feel it irrelavant that they should stack these days/the previous warning.

so what im disagreeing with is i have been given a final written warning for being off work through injury sustained at work.i wanted to continue working,and asked for work in a capacity that didnt involve lifting.and was refused.
"the punishment dosent fit the crime" as one would say.

as a follow up yes i have put a claim in for the injury.which is ongoing.

You aren't listening. You can disagree with getting the final warning all you like - sickness is sickness. It doesn't matter whether they are separate sicknesses or whether you had sick / fit notes, a letter from your parents, are tablets of stone from God. You were still off sick for four months. The employer was not required to find you another job to do whilst you were unfit to do your normal work, so what you feel they ought to have done also isn't relevant. If and only if your claim succeeds - because an injury sustained at work and an injury for which the employer is liable are two different things, then it may be possible as part of that settlement to get the sickness "wiped off the slate" and the warning revoked. But if the employer is contesting liabaility then there is utterly no incentive for them to consdier this anything other than 4 months sickness absence, for which they may, under managing sickness absnece policies, take disciplinary action. To do anything else would be an admission of liability.

th3_duckst3r

SarEl wrote: »

You aren't listening. You can disagree with getting the final warning all you like - sickness is sickness. It doesn't matter whether they are separate sicknesses or whether you had sick / fit notes, a letter from your parents, are tablets of stone from God. You were still off sick for four months. The employer was not required to find you another job to do whilst you were unfit to do your normal work, so what you feel they ought to have done also isn't relevant. If and only if your claim succeeds - because an injury sustained at work and an injury for which the employer is liable are two different things, then it may be possible as part of that settlement to get the sickness "wiped off the slate" and the warning revoked. But if the employer is contesting liabaility then there is utterly no incentive for them to consdier this anything other than 4 months sickness absence, for which they may, under managing sickness absnece policies, take disciplinary action. To do anything else would be an admission of liability.

youve answered basically what i was getting at,they have given me a final written warning because i have made claim.and its common practice that all firms will dispute liability.

i have no worries on that part(claim wise),i was injured at work and have witness statements to the effect.
so once its been dealt with i can ask for the final written warning to be revoked.?

what gets my back up is that i know one of the lads other side of factory was allowed into work with a broken wrist sustained from a out of work accident and was given work in another department were he didnt have to lift and was allowed to sit all day,why was he allowed into work where he couldnt do his normal job and was given alternate work.why couldnt they do same for me!!!:mad:

one of the lads i work with was off work for 7 months due to illness and hes told me himself they never said a word to him he was never disciplined either.

thats my argument whats good for one is good for all,its a regular thing that happens where i work.

but thanks for your replys there informative enough for me.

SarEl

th3_duckst3r wrote: »

youve answered basically what i was getting at,they have given me a final written warning because i have made claim.and its common practice that all firms will dispute liability.

i have no worries on that part(claim wise),i was injured at work and have witness statements to the effect.
so once its been dealt with i can ask for the final written warning to be revoked.?

what gets my back up is that i know one of the lads other side of factory was allowed into work with a broken wrist sustained from a out of work accident and was given work in another department were he didnt have to lift and was allowed to sit all day,why was he allowed into work where he couldnt do his normal job and was given alternate work.why couldnt they do same for me!!!:mad:

one of the lads i work with was off work for 7 months due to illness and hes told me himself they never said a word to him he was never disciplined either.

thats my argument whats good for one is good for all,its a regular thing that happens where i work.

but thanks for your replys there informative enough for me.

I give up.