Need an operation

maggiesoup1

Need some advice from those skilled in Employment law please.

I've been with my current employer for 4 years. I work part time and my job involves driving. I have been told that I need an operation on my foot. I only need two weeks to recuperate (and happy to take that off holiday allowance) but been advised that I wouldn't be allowed to drive for 6 weeks.

Does my employer have to find a non-driving post for me? My contract states that I don't get paid if I'm off sick but a friend thought that if I had to have an operation this is regarded as something else.

Any help would be great thanks.

DCFC79

Maybe they will treat operations differently, why not ask them.

maggiesoup1

DCFC79 wrote: »

Maybe they will treat operations differently, why not ask them.

Would like to be forearmed

elsien

If you don't get paid, could you look at claiming SSP for the duration? It'll probably be less but better than nothing.

I don't think they have to offer you an alternative job, although it if there are hours available in a role you are qualified and able to do it wouldn't hurt to ask. Did you have a role in mind you could ask them about? Pro-active suggestions may have more of an impact.

I suspect your friend may be thinking of reasonable adjustments which are for people with long term illness/disability. A few weeks after an operation wouldn't fall within that.

Bogalot

No, they don't have to find you alternative duties. If you are classed as disabled they would have to consider reasonable adjustments, which may or may not include a non driving role. Is this a long term condition, is it going to be remedied by the operation?

You say they are not paying you, have you checked if you are entitled to SSP? If you are entitled they cannot refuse to pay you it.

theoretica

You will be signed off sick from your normal job, but able to carry out alternative duties. It is the employer's choice if they accept you for alternative duties or not. The legislation can't make your employer need another non-driving staff member for that time. Can you suggest things that you know they are short staffed on and you would be able to do?

maggiesoup1

Thanks to all replies. Yes I guessed that they wouldn't HAVE to offer me alternative work, my friend works for Santander so possibly because they are huge, they can offer a different temporary job. I really don't know if they could offer me an office job as they're a smallish company and I'm not in the office very often so don't know of any gaps I could fill. Once the foot is done, I'll be back to 100% It's good to know that I would get SSP, if worse comes to worse its better than nowt!

TELLIT01

maggiesoup1 wrote: »

It's good to know that I would get SSP, if worse comes to worse its better than nowt!

Nobody here has said you will be entitled to SSP. Entitlement depends on how much you earn each week. You can check on GOV.UK for more detail.

adom_thomas

maggiesoup1 wrote: »

Need some advice from those skilled in Employment law please.

I've been with my current employer for 4 years. I work part time and my job involves driving. I have been told that I need an operation on my foot. I only need two weeks to recuperate (and happy to take that off holiday allowance) but been advised that I wouldn't be allowed to drive for 6 weeks.

Does my employer have to find a non-driving post for me? My contract states that I don't get paid if I'm off sick but a friend thought that if I had to have an operation this is regarded as something else.

Any help would be great thanks.

Hi! It completely depends on the relation between you and employer. As you are saying that, you will be able to drive for 6 weeks, will it possible for you to use public transport like taxi? I believe, if you would be late in reaching at work place, employer can understand that! You may also ask him/her to allow working from home!

Get well soon!

maggiesoup1

Thanks for constructive reply re-getting the bus to places. Can't work from home as part of my job is to show properties. I'm going to have a meeting with boss tomorrow so at least that's something I could throw into the mix.

vacheron

Is it your left or right foot? If it's your left, could you hire / arrange an automatic vehicle for the duration of your recuperation?