How to ignore, exaggerate & make things up.

JustAnotherSaver

If they can they can and if not then they can't. I'm not here to argue the toss, just simply ask either way.

I've an ongoing problem which is restricting me at work. I can do perhaps 90% of the work. With my team helping out we can cover 100% as i can do one of their jobs while they do the jobs i can't for example but this isn't good enough they say. Fair enough. They would seem to rather i take time off work and be a member short for a significant period than have me in and do 90% of my duties but it's not for me to question i suppose.

The doc has previously said around 8 weeks recovery time of total rest, but i can't afford time off so i've been doing my best & hoping it just gets better, albeit a bit slowly.

I've some annual leave coming up in a couple weeks time & they want me to go to the doc during this time & report back to them.

Simply can they make you do that? Go to the docs? Or go while you're on annual leave?


I've had it in the past where i've lifted something & felt my back go for example. I've been unable to carry on for the rest of that day. Anyone of sound mind would know just to sleep on it & see in the morning because you'll have all pulled various muscles during your lifetime no doubt.

But in the past they have told me i need to go to A&E.

I feel like such a fraud walking in there wasting A&E time. Then i get all the funny looks from the A&E staff as i tell them what's wrong & you can see they're thinking what a timewaster you are. Some even pretty much have said it. I've had to say look i'm sorry but my employer has said that i have to come here so i'm just doing as they ask. They just tell you to take ibuprofen & rest and be on your way.

If you don't go then you're seen as making it up in order to get time off. If you go then you know full well you're wasting A&E time but i feel there's no other choice.

Andy_L

They can't make you go. However if you are unfit for work they can dismiss you on the grounds of capability, arguably that could be made easier if you don't apper to be seeking advice/treatment for your medical problems

sangie595

JustAnotherSaver wrote: »

If they can they can and if not then they can't. I'm not here to argue the toss, just simply ask either way.

I've an ongoing problem which is restricting me at work. I can do perhaps 90% of the work. With my team helping out we can cover 100% as i can do one of their jobs while they do the jobs i can't for example but this isn't good enough they say. Fair enough. They would seem to rather i take time off work and be a member short for a significant period than have me in and do 90% of my duties but it's not for me to question i suppose.

The doc has previously said around 8 weeks recovery time of total rest, but i can't afford time off so i've been doing my best & hoping it just gets better, albeit a bit slowly.

I've some annual leave coming up in a couple weeks time & they want me to go to the doc during this time & report back to them.

Simply can they make you do that? Go to the docs? Or go while you're on annual leave?


I've had it in the past where i've lifted something & felt my back go for example. I've been unable to carry on for the rest of that day. Anyone of sound mind would know just to sleep on it & see in the morning because you'll have all pulled various muscles during your lifetime no doubt.

But in the past they have told me i need to go to A&E.

I feel like such a fraud walking in there wasting A&E time. Then i get all the funny looks from the A&E staff as i tell them what's wrong & you can see they're thinking what a timewaster you are. Some even pretty much have said it. I've had to say look i'm sorry but my employer has said that i have to come here so i'm just doing as they ask. They just tell you to take ibuprofen & rest and be on your way.

If you don't go then you're seen as making it up in order to get time off. If you go then you know full well you're wasting A&E time but i feel there's no other choice.

No they can't make you go to the doctor. And you can't make them pay you!

If you are not 100% fit for work, then you are not fit for work. The employer has a duty of care to consider the situation should you damage yourself as a result of turning up to work and when you know that you have been told not to.

You are either 100% capable of doing your job, or you might ask the doctor to suggest amended duties to the employer - or you go off sick as your doctor has told you to. Don't be foolish - if the doctor said complete rest, I doubt he meant 90% of your normal job. You could do yourself a serious injury ignoring medical advice - and long term sickness will see you a lot poorer than a few weeks sick leave.

JustAnotherSaver

Andy_L wrote: »

However if you are unfit for work they can dismiss you on the grounds of capability,

And how would they get on dismissing someone with a good attendance record & 15+ years of service for being unfit for a guesstimated 8 weeks?

If that went to any tribunal (we're getting way ahead of ourselves now) would they likely win?


I am carrying a soft tissue injury which i can mostly avoid aggravating by not using it. Sure i can end up banging it but i've done this at home too just by moving on the sofa. It doesn't happen a lot but it can happen when giving 'total rest' and also when not. Just hurts like mad when i do catch it.



And maybe my question was phrased poorly but i was hoping people would know what i was getting at. Ok admittedly nobody can physically make me go to the docs. It can be a task to physically make anyone do anything they don't want to do.

But i'm not talking about those extremes.

So i don't know how i should phrase it really. Maybe are they within their rights to ask that i go to the docs on my annual leave (or at any other time? I only state annual leave because generally people use it do actually DO things they can't do elsewhere in the year as they're working).



And the hospital thing too. For things so minor. Ok if i fell and cracked my head open i can see why you'd go to A&E but for minor things that most people would just say they'll sleep off? Are they within their rights to request you to go? Or maybe a better phrasing would be can you get in to trouble for not going?

Tom99

[FONT=Verdana, sans-serif]I would think your employer is entitled to ask for a fit note from you doctor saying what you can or can't do.[/FONT]

elsien

If I was doing my back a mischief, I'd be querying the manual handling techniques and risk assessments. Not resting it, then carrying on as before till it goes again. Your employer probably doesn't want a claim against them further down the line.

sangie595

JustAnotherSaver wrote: »

And how would they get on dismissing someone with a good attendance record & 15+ years of service for being unfit for a guesstimated 8 weeks?

If that went to any tribunal (we're getting way ahead of ourselves now) would they likely win?


I am carrying a soft tissue injury which i can mostly avoid aggravating by not using it. Sure i can end up banging it but i've done this at home too just by moving on the sofa. It doesn't happen a lot but it can happen when giving 'total rest' and also when not. Just hurts like mad when i do catch it.



And maybe my question was phrased poorly but i was hoping people would know what i was getting at. Ok admittedly nobody can physically make me go to the docs. It can be a task to physically make anyone do anything they don't want to do.

But i'm not talking about those extremes.

So i don't know how i should phrase it really. Maybe are they within their rights to ask that i go to the docs on my annual leave (or at any other time? I only state annual leave because generally people use it do actually DO things they can't do elsewhere in the year as they're working).



And the hospital thing too. For things so minor. Ok if i fell and cracked my head open i can see why you'd go to A&E but for minor things that most people would just say they'll sleep off? Are they within their rights to request you to go? Or maybe a better phrasing would be can you get in to trouble for not going?

I think you are entirely missing the point. You have a legal duty to safeguard your own health and safety, just as the employer does. You are breaking the law by attending work when your doctor had told you not to. It is perverse that you are complaining about your employer actually taking their duty of care seriously when we are usually confronted by employers who don't give a damn about it!!! Your employer is acting entirely reasonably and sensibly, and if you refuse to comply with a reasonable instruction, which this is, then you can be dismissed for that. You can also be dismissed for attending work in an unfit state, for a beach of your duty towards health and safety. Is that clear enough?

You have been instructed to take compete rest by your doctor, and there is a reason for that. It wasn't a whim. You are ignoring that instruction for your own reasons, and have failed to inform the employer of the true state of your health. The duty of care is for your own protection, for the protection of the employer, and for the safety of everyone around you.

You obviously aren't going to listen, and you really wanted to be told that it's ok to act like a total chancer with your health. Sorry to disappoint...

Diamandis

If youre not doing all of your duties then you really should provide a fit note detailing what you should and shouldn't be doing while at work.

Going to work when you've been told to have total rest isn't going to do you any good

Comms69

JustAnotherSaver wrote: »

If they can they can and if not then they can't. I'm not here to argue the toss, just simply ask either way. - well your employer can deploy you at a hospital or GP practice. IE pay you to stand there. But they cannot (and barring very specific cases - no-one can) require you to undertake treatment.

I've an ongoing problem which is restricting me at work. I can do perhaps 90% of the work. With my team helping out we can cover 100% as i can do one of their jobs while they do the jobs i can't for example but this isn't good enough they say. Fair enough. - yep, unless it's a disability, they can just look to dismiss you. They would seem to rather i take time off work and be a member short for a significant period than have me in and do 90% of my duties but it's not for me to question i suppose.

The doc has previously said around 8 weeks recovery time of total rest, but i can't afford time off so i've been doing my best & hoping it just gets better, albeit a bit slowly. - What is 'it'?

I've some annual leave coming up in a couple weeks time & they want me to go to the doc during this time & report back to them. - Seems like a good idea.

Simply can they make you do that? Go to the docs? Or go while you're on annual leave? - No.


I've had it in the past where i've lifted something & felt my back go for example. - but that suggests you're lifting too much / incorrectly. I've been unable to carry on for the rest of that day. Anyone of sound mind would know just to sleep on it & see in the morning because you'll have all pulled various muscles during your lifetime no doubt.

But in the past they have told me i need to go to A&E. - A&E seems a bit much, but you shouldn't be having accidents at work and it's prudent to check checked over.

I feel like such a fraud walking in there wasting A&E time. Then i get all the funny looks from the A&E staff as i tell them what's wrong & you can see they're thinking what a timewaster you are. - I doubt that, most NHS staff are happy to treat everyone, you would be considered minor and wouldn't be taking up a 'space'. Some even pretty much have said it. I've had to say look i'm sorry but my employer has said that i have to come here so i'm just doing as they ask. They just tell you to take ibuprofen & rest and be on your way.

If you don't go then you're seen as making it up in order to get time off. If you go then you know full well you're wasting A&E time but i feel there's no other choice.

How would your employer know anyway? Just say you went if it's that much of an issue.

JustAnotherSaver

To the one who went on a rant...

Where did I say that I didn't inform my employer???

Answer that one & then we can talk. Or was you just making it up because it suited your post?

Comms69 wrote: »

How would your employer know anyway? Just say you went if it's that much of an issue.

They want me to report back to them. If I make it up then I'm lying which I haven't done & aren't about to start.

Comms69

JustAnotherSaver wrote: »

To the one who went on a rant...

Where did I say that I didn't inform my employer???

Answer that one & then we can talk. Or was you just making it up because it suited your post?



They want me to report back to them. If I make it up then I'm lying which I haven't done & aren't about to start.

Ultimately the legal position has been made clear, so what you decide to do is up to you.