Trying to return to work, problems with employer

YouAsked

Atreides wrote: »

Out of necessity, this a really long post. Sorry in advance for that!

EDIT: Just need to say that my issue isn't with them not accommodating. The issue is with the lack of communication, that I outline below. I am not looking for acommodation really, I am looking to return to work, but I have had NO response from the senior management who make the decision.

Also, I know you keep saying it's not the reasonable adjustments (or otherwise) that you have an issue with more the lack of response from management re return to work- hence the edited OP - BUT you have to see that the two things are linked!

You have said that you can only return to work for 8 hours (not the full shift) doing certain things (not the full job). For all you know, they could be sitting there frantically trying to work out how they can make this work for you - would you sooner they had come back with a knee jerk "no"?

(although in all honestly, i think you'll be parting company).

marliepanda

Also sorry to double post to reference a point you make. You say that 'there is a precedent' for people to do 8 hour shifts. That does not mean that they have to do it for everyone. Maybe in that situation the person could drive and lift so it worked fine. Maybe the business needs simply fitted with that.

You have editted your first post in line with what you keep repeating 'you do not want accommodation, you want to return to work' but as YouAsked says, you are asking to be accommodated.

You want to return to work BUT only 8 hours AND no driving and no lifting.

That is asking for accommodation.

Bogalot

Two weeks is not a long time if you're asking them to adjust shift patterns and duties. As well as the administrative burden, I expect they're also taking legal advice on the practicalities of you doing an adjusted role, with regard to their obligations to you and to their clients. For instance, if you are on shift and lifting is required, is the client to be left until the next shift? It's not as simple as you saying you are ready to return, it's more a case of whether it is possible for them to accommodate your needs and those of their clients.

On the communication point, how are you trying to contact them? Have you given them a call and suggested a catch up chat?

Your return has to be a mutual arrangement, not just you telling them what you want.

sangie595

Ok. Sorry if I repeat what others have said but I have skimmed the responses quickly between medical staff :rotfl:

As far as I can see it is rather simple. You want an adjustment to return to "normal work" but on reduced hours and with some activities excluded. The bottom line is that you can't have what you want, you can only have what the employer agrees, and the rate at which they agree that (or not) is "as long as it takes". And, in my view certainly not without a detailed occupational health assessment, because I may not be a doctor, but I can see a myriad of liability and health and safety issues that, in the employers place, I would be totally worried about. Your condition appears to be a disability, but that does not mean that you can have adjustments just because you want them, and it also doesn't mean that the employer had to give you any other work. I can see significant questions about medical capability here - I don't think it is beyond the realms of imagination to think that a dismissal in these circumstances would be fair.

In these matters there are no precedents. Reasonable adjustments are individual. What had been provided for someone else has no relevance to whether it should or could apply to you.

Sorry, but in terms of the answer you want , you have no right to demand the employer answer or return you to work unless you intend to fully comply with your contractual terms and go back to work without a fit note or any conditions.

On a separate matter, which I cannot comment on, if you genuinely believe that this injury is a result of your employers negligence, then you should consult a lawyer about personal injury. Given what you have said about your existing condition, I think it's unlikely you could prove any such causal link, but you should explore this if you need to.

Sorry that won't be the answer you hoped for. But right now I am afraid that it seems you have little to insist upon.

I probably won't be able to pop back later, but I'll try to tomorrow.