Working while 'Not Fit To Work'?

mutter

I work on the night replenishment team of a large supermarket.
I have been signed off as Not Fit To Work as a result of a suspected torn knee cartilage which is possibly a result of pulling heavy cages etc
It took a fortnight to get an MRI scan, so I was signed off during this time.
Had the scan on Friday and have been signed off for another fortnight, which is when the doctor expects to know the result of the scan. Still can't walk properly.
Work have now called me and asked me to come in during the day to work on checkouts, which they say I can do because it doesn't put stress on the knee.
Can they make me do this?
And would it affect any possible future claim against them for the injury?
Because of the length of time I have worked there, I'm entitled to sick pay for up to twelve weeks.

elsien

How would sitting in the same position for any length of time affect the knee? And how would you feel about it?

Does your fit note say "not fit for work" or "may be fit for work"? If it says not fit for work then I think your employer has to go with that unless you want to go back to your GP and discuss whether an alternative role is feasible for the duration. Unless they have other evidence such as an occupational health report which they can use instead.

tomtontom

They cannot make you work, but they are offering an adjustment to accommodate you. Are you able to work on the checkouts?

Whilst you do have an entitlement to sick pay, a reluctance to do alternative duties (if you can do them) may prompt them to commence disciplinary/ capability action against you.

Prothet_of_Doom

Your doctor has said you are not fit for work. For them to take you back, into a different role, your doctor will have to sign you as FIT for whatever work they propose.
I have had to send people home, who wanted to work, but who I needed to see a FIT note.

RuthnJasper

This could be viewed as your employer making reasonable adjustment for you. And they are probably justified in this. Sitting at a checkout won't put pressure on your knee.

As someone who has lost out on £270 this month due to sudden, unexpected and very nearly fatal kidney failure, I would be very thankful for an offer like yours. However, it's all subjective. If you feel that a checkout role would truly affect your knee adversely then of course you must complain. But if it wouldn't, then I (personally) would take the offered alternative role and be grateful for it.

This is going to be a tough month for me financially (health worries apart) - don't put yourself through this unless you genuinely have to.

Good luck. I hope your knee feels better very soon. x

curlywurly82

This has changed recently, you no longer need a doctor to sign you back on, you can return to work at any point and declare yourself fit to work, however work cannot force you too.

Immobilising the knee may not be good either. If work are trying to accommodate you then I would talk to your doctor for advice.

mutter

elsian -
It's a definite Not Fit For Work.
I'm not really happy with the idea of sitting on a checkout chair for hours at a time. I'm supposed to be 'elevating' as much as possible and have a kind of restless leg thing going on as if i don't keep it moving it locks and hurts a lot when I do move.
.
tomtuntom -
I'm not trained on checkouts and have never worked on them.
The HR manager is supposed to be calling me tomorrow for a decision.
I have to say I feel quite pressured and pretty disappointed since I haven't had any signifcant time off in a decade.

elsien

Tell the HR manager you are not ready to make a decision as you need to take further medical advice from your GP with regards to the proposed adjustment.

(Personally speaking that sort of pressure would make me want to tell them where to stick it, but that's probably not a great idea, so at the least make them hold off till you've had chance to discuss your concerns with your doctor.)

mutter

It's all very well saying 'Speak to your doctor' but I tried last Wednesday to make an appointment with the surgery and the first available date was 9th October, at that time over a fortnight away, and that isn't even with a GP, it's with the Nurse Practitioner.
The second sick note was just arranged through the receptionist without my even having to attend the surgery.

Mojisola

elsien wrote: »

Tell the HR manager you are not ready to make a decision as you need to take further medical advice from your GP with regards to the proposed adjustment.

mutter wrote: »

I'm supposed to be 'elevating' as much as possible and have a kind of restless leg thing going on as if i don't keep it moving it locks and hurts a lot when I do move.

Definitely talk to the GP before agreeing to anything.

elsien

mutter wrote: »

It's all very well saying 'Speak to your doctor' but I tried last Wednesday to make an appointment with the surgery and the first available date was 9th October, at that time over a fortnight away, and that isn't even with a GP, it's with the Nurse Practitioner.
The second sick note was just arranged through the receptionist without my even having to attend the surgery.

If you can't get an appointment then HR will have to wait. You may however want to show willing by phoning up each morning for any cancellations?