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Employer denying access to work...

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Comments

  • Shinniesta
    Shinniesta Posts: 6 Forumite
    FBaby wrote: »
    That's the risk. What is that building work? When did it start, when is it due to finish. What is that makes it dangerous being on crushes?

    What do they mean by 'area'? How large is that 'area' and can they find her a job in another 'area'?

    The "building work" is constructing some shelving and painting the floors, however they haven't started it yet, although the risk assessment says it will be completed in 1 month, however the comments below say until she is "fully fit and not on crutches my recommendation is that she remains away from the business". It also states "We as a business have no other areas available or suitable" for her to work in.
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    Shinniesta wrote: »
    Possibly... However I refer to notes in the Occupational Health Assessment:

    "The Equality Act 2010 which superseded the Disability Discrimination Act 1995 is likely to apply to this condition and therefore all reasonable adjustments to accommodate her in the workplace are expected of an employer."

    Which this would seem to breach...

    Also, let me just say, my wife doesn't want to sit at home and get free money. She wants to be at work, however her employers are telling her that she can't. Judging from what I've seen, they can't just say "You can't come in, get a doctors note and get SSP" though.
    Yes but as I pointed out, what is acceptable for a short period of time defined under reasonable is not always defined as acceptable over a longer period of time. Other staff can pick up various jobs for short term but it may not be conducive to the working environment long term.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • littleboo
    littleboo Posts: 1,762 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Shinniesta wrote: »
    The "building work" is constructing some shelving and painting the floors, however they haven't started it yet, although the risk assessment says it will be completed in 1 month, however the comments below say until she is "fully fit and not on crutches my recommendation is that she remains away from the business". It also states "We as a business have no other areas available or suitable" for her to work in.
    I think your wife should ask them the clarify the specific risk with this building work that applies only to someone on crutches and not to anyone else. If there is a genuine risk that is specific to her only, have they considered options to mitigate that risk.
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