Can I temp or will I be in breach of Contract?

BatOutOfUll

Takeaway_Addict wrote: »

What adjustments has the OP put that would be reasonable? I'm not sure the expense of building a lift would go under reasonable but happy to be proved wrong (though I would be slightly aghast).

Holiday has to be paid if requested whilst on sick though so the OP should be forcing this through if he is (and I would guess and its just a guess that he is as the employers will happily allow him to work but the OP is unable to)but I can't see what else the employer has done to wrong tbh.

A ramp over the Front step wouldn't cost much (mine was £30)


What they have done wrong is to stop paying me when sick pay ran out at 28 weeks.


The DWP say that they can't pay me as I have a job and so that while the process is on-going Work should suspend me on full pay and call it Medical Leave or Gardening Leave (odd term?) as it's their failure to do the work that is preventing me from earning a living.


Even my Solicitor says they are wrong, and REMPLOY are on the case giving the same advice. If an employee can't come to work or is prevented from doing so they should be on full salary.

BatOutOfUll

postmanpat68 wrote: »

OP It' not too late too join a union and let then help you as it sounds to me like failure to make reasonable adjustments of failing that go to the acas website http://www.acas.org.uk/index.aspx?articleid=1364 for help and advice.

I'm in one but they suggest resigning then suing for Constructive Dismissal


I'm going down the Greivance route as suggested by ACAS

BatOutOfUll

jacques_chirac wrote: »

Approximately how much would that amount to, and would that cover all the adjustments (you mention bathroom adjustments being needed also)? How large/ profitable is the company?

I haven't seen a quote from the Builders so I can't answer that. Work would pay the 30% and Access to work 70%

We were bought out by a BIG company who wanted us to fill a need they didn't have so we must have been doing something good.
Other than that I'm not privy to my Company's profits

BatOutOfUll

UPDATE:


I've just had a text from HR - My Holiday pay will be in November's paypacket so that's some money, but I guess I'll be taxed on it as they took out contributions from my SSP

BatOutOfUll

Can I just say that it is the COMPANY Doctor and Occupational Therapy Dept that have said that they must install a lift.


If I work downstairs they would have to clear some workers out to the first floor. I wont have access to the Kitchen (no eating at desks) or the drinks machine (no kettles allowed) and they would still have to convert the downstairs Mens Loo to become a Disabled Toilet.


If I go downstairs I will be alone and way from my team.
H & S say I can't work alone in case I fall from my chair (highly unlikely) and my Line Manager says I shouldn't be separated from the team who are on the 1st Floor!

pmlindyloo

Have replied on your other thread.

pmlindyloo

I don't know whether this link will be of any use to you:

http://www.contactlaw.co.uk/?refer=31

BatOutOfUll

mountainofdebt wrote: »

I think the basic bits of the thread is that the OP has a condition which has meant she needs to use a wheelchair and her workplace isn't suitable for a person in a wheelchair.

They aren't paying her any pay and SSP has finished.

Not able to claim any benefits such as ESA (declared fit to work by GP) and DLA (not sure why)

Refused DLA as follows:


Mobilty: Although you would prefer to use a Wheelchair, you can (on some days) walk 20 meters with two sticks

Told by my Physiotherapist not to risk walking outdoors with sticks. I ignored this and tried. Fell over crossing road to go to the shop opposite my house, no-one to pick me up, driver got out and shouted at me as I crawled on hands and knees to the pavement. Driver drove off but not without shouting 'Effing Spaz' at me.
Never went out with sticks again. Wheelchair services only provide a chair if you are likely to be in it more than 5 hours a day 4 days a week. I was assessed and awarded one due to my 'reduced mobility'. You have to be referred by your Occupational Therapist/Physiotherapist

Care: Although you would prefer to have someone with you when out, you don't need anyone as you are not at risk of falling

As above. I fell.
I fall a lot.
If my two sons hadn't been at home when I fell and broke my hip, I'd have had to drag myself outside to get help. My sons sat with me and rang an ambulance. It was thought I had broken my pelvis, but it was just my hip. It broke off in the socket. As a result I walk even less as that leg is now shorter than the other.


Care: Although you would prefer to cook for yourself and family, you find you cannot stand long enough to do this.
However, there is no reason why you cannot place a meal in a Microwave Oven whilst sat in your chair


They want me to live off Microwaved Meals????

Takeaway_Addict

BatOutOfUll wrote: »

Can I just say that it is the COMPANY Doctor and Occupational Therapy Dept that have said that they must install a lift.


If I work downstairs they would have to clear some workers out to the first floor. I wont have access to the Kitchen (no eating at desks) or the drinks machine (no kettles allowed) and they would still have to convert the downstairs Mens Loo to become a Disabled Toilet.


If I go downstairs I will be alone and way from my team.
H & S say I can't work alone in case I fall from my chair (highly unlikely) and my Line Manager says I shouldn't be separated from the team who are on the 1st Floor!

OH and company doctor can't tell them to do anything, only suggest and then the company act on it.

The point remains, if 30% of say a 50k is what the company would have to pay then spending 15k to accommodate an employee is not reasonable in mine or most peoples eyes.

If the cost is £2k and its 30% then it would be more reasonable but then as Jacques has said that would only be reasonable if the company was profitable. If it was loss making then we are back into unreasonable. Each situation is unique.

Takeaway_Addict

BatOutOfUll wrote: »

A ramp over the Front step wouldn't cost much (mine was £30)


What they have done wrong is to stop paying me when sick pay ran out at 28 weeks.


The DWP say that they can't pay me as I have a job and so that while the process is on-going Work should suspend me on full pay and call it Medical Leave or Gardening Leave (odd term?) as it's their failure to do the work that is preventing me from earning a living.


Even my Solicitor says they are wrong, and REMPLOY are on the case giving the same advice. If an employee can't come to work or is prevented from doing so they should be on full salary.

I would say the door ramp is a reasonable adjustment they should do but as my post above, cost is all important here, if its expensive then I can't see you forcing a company to do the work needed.

As it is, they are not preventing you working, you disability is, so I see no need for them to medically suspend you as its not them preventing you work. But again, just my view and a laymans at that.

Because its such a serious post I would suggest you look at redundancyforum.co.uk and ask for SarEL who will give you straight advice.

Or on here maybe PM Lazydaisy and get her view on it.

For a union side of things pm someone call Ohreally.

HTH