Employer Support Issues

Rog_Jones_75

Hiya just joined in hope someone can help or give me some advice. Heard good things about the forum so hope someone can assist and I will try and be brief about what has happened or is happening.

At the beginning of last year I went off ill from work with carpal tunnel syndrome and was off work for 4 months where I finally had an injection etc which eventually allowed me to go back to work along with a change in work station as it turned out it had caused the issues in my wrists. I went back to work on amended duties to start to ease me back in and I soon felt as good as I could have done and was back to normal workload.

About 6 weeks ago I started having aches and pains again (although not as bad as it first was when it first started) and I made my employer aware they reduced my work load to help me and I supplied a amended sick note from the doctor saying that I needed a reduction in duties for 4 weeks. Then 2 weeks ago I got the note renewed from the doctor along with more medication... over the past week workload has gone back to what it was before (heavy) as we are so busy and I have felt the pressure a bit regards the pain or ache in my wrists etc I made my employer aware and that was that (as I was taking slightly longer between calls due rest up). I then yesterday had a support meeting where they had said the PM has decided to pull the support plan and out me back to normal duties and workload from Monday next week.

Naturally I am still in shock. I had a further 2 weeks to run on the note from the doctor and have already advised work I am struggling. I was asked how I felt about it being pulled so swiftly and I told them how disappointed I was as I feel I have tried my best to stay in work and not go off and now they are willing for me to carry on working next week at normal work load which would or could possibly lead to my condition worsening.

I really cannot believe the PM has done this and my union rep has said he will discuss this with them on Monday.

I was after some advice really on it. As surely they cannot do this? My manager said to me that she felt there was only so much support they as a company can offer so took the decisive action.

I remember when I was off originally for the 4-5 months the PM kept in saying in our meetings that there is only a certain amount of time I can be supported from them and would mention that redundancy may eventually be the outcome from time to time.

I feel really let down by the company as I have been with them for nearly 8 years now.

Hope someone can help.

Thanks.

Savvy_Sue

Your best bet is your union, but yes, absolutely they can do this. You could also ask for a referral to occupational health, but if the advice given is that you won't be fit to work without amended duties for the foreseeable future, and that means you're less productive than colleagues, how long do YOU think your employer should accept this?

Other ideas: go part-time (if acceptable), or look at further adaptations to your workstation.

maninthestreet

PM? David Cameron??

tomtontom

Good advice from savvy_sue, the only thing I would add is that your situation is more likely to result in a capability dismissal not redundancy - the latter would only apply when the role no longer exists.

Takeaway_Addict

Your rep is your best point of call but you do need to be a bit realistic, you have been off for a long period of time and then returned and had a occurrence which the employer has accommodated during a busy time by allow light duties and partial working.

How long should an employer allow an employee not to fulfill their contract in the intended way?

TELLIT01

PM I'm assuming is Personnel Manager rather than Mr Cameron who I suspect has more pressing issues to deal with :-)

tizerbelle

How exactly is your fit note worded?

If it had the "you may be fit for work" box ticked and gave suggestions such as reduced workload / amended hours etc and work can no longer provide this, then you are no longer fit for work so you have another 2 weeks off sick. You don't need a new sick note or another visit to the GP. The original fit notes stands. (See guidance here)

Perhaps you could use that nugget of information to get what you want? Politely inform them that if they can't accomodate your adjustments under your current sick note then you have no option but to be off sick full time until you are fully recovered.

tomtontom

tizerbelle wrote: »

How exactly is your fit note worded?

If it had the "you may be fit for work" box ticked and gave suggestions such as reduced workload / amended hours etc and work can no longer provide this, then you are no longer fit for work so you have another 2 weeks off sick. You don't need a new sick note or another visit to the GP. The original fit notes stands. (See guidance here)

Perhaps you could use that nugget of information to get what you want? Politely inform them that if they can't accomodate your adjustments under your current sick note then you have no option but to be off sick full time until you are fully recovered.

At which point the employer will instigate the sickness absence management procedure. Whilst the OP is within their rights to take sick leave, it is the quickest way to be (fairly) didismissed.

Takeaway_Addict

tizerbelle wrote: »

How exactly is your fit note worded?

If it had the "you may be fit for work" box ticked and gave suggestions such as reduced workload / amended hours etc and work can no longer provide this, then you are no longer fit for work so you have another 2 weeks off sick. You don't need a new sick note or another visit to the GP. The original fit notes stands. (See guidance here)

Perhaps you could use that nugget of information to get what you want? Politely inform them that if they can't accomodate your adjustments under your current sick note then you have no option but to be off sick full time until you are fully recovered.

This is probably what they want, an end to the situation, one way or another.

Errata

Has anyone at any time assessed the ergonomics?

tizerbelle

tomtontom wrote: »

At which point the employer will instigate the sickness absence management procedure. Whilst the OP is within their rights to take sick leave, it is the quickest way to be (fairly) didismissed.

Takeaway_Addict wrote: »

This is probably what they want, an end to the situation, one way or another.

I don't disagree with you but the OP is between the proverbial rock and hard place. Either they carry on working and potentially cause even more injury to themselves or they aim for a full recovery first. Either way the employer could go for capability dismissal but OP has the chance to minimise further injury - which could affect them in future work.

Just raising the point, may ensure that the employer realises that the OP knows their rights even if they aren't using it against the employer - just as a "what should I do Mr BossMan, you say work full time, doctor says I can't?" It may also push the employer into getting an occupational health referral - the outcome may be no better but it certainly can't be any worse than it is looking now.