Return To Work Following Injury

mutter

I work as a supermarket nightshift shelf stacker, 30 hours per week but the night premium makes up my wages to the equivalent if full time if I worked during the day.
It's a physically demanding job and 6 weeks ago, I sustained a knee injury and have been off work on full pay.
Due to length of service, I'm entitled to another 6 weeks of sick pay.
Results of scans and physio on the knee shoes while it should get 'better' the underlying cause means it would be unwise for me to go back to my original job, as it's quite likely to happen all over again.

Had a meeting with HR this morning where we discussed how they can 'support my return to work' and talked me through the process for dismissal due to inability to carry out my role.
They are suggesting I do 16 hours per week on checkouts, which I'm happy to do - subject to my doctor agreeing, but this will mean a huge drop in wages, which I simply can't take.

What are my options here?
I don't really want to leave the company, as having worked there for so long, I've accrued some decent benefits, but I can't live on half a wage.

Transformers

Are you sure the reduced hours are permanent? HR may have simply suggested this as part of a return to work programme which eased you back gently. Some companies even pay you your normal wage during this period.

In the longer term, are they able to move you to another suitable role with longer hours?

Undervalued

Unless your injury has led to a disability (for employment law purposes) then I'm afraid your employer is not obliged to make any allowances. They are quite entitled to say, in effect, "full job or no job".

The majority of employers do in fact show more flexibility than that (some vastly more) but they are not legally obliged to.

If it does amount to a disability then they are obliged to make "reasonable adjustments". Ultimately what is reasonable can only be decided by a tribunal but again most large employers will do more than the bare minimum.

ohreally

mutter wrote: »

I sustained a knee injury and have been off work on full pay.

What are my options here?

Was the injury caused by work activity?

Assuming it was, speak with union steward as there may very well be policy provision to protect your pay and earnings due to an industrial injury, in addition to having your absence not counted in terms of attendance management.

This is really one for your union to support you through.