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Advice needed please

Hi,
I need some advice please about my rights at work.

I have a large hernia that is about 1" above my naval. I have just been seen by a surgeon that says that the tear is between 1-2 inches long. I have been put on the urgent list for repair surgery but this can take up to 3 months!!

Anyway, I work in an office job and it means that I have to sit for prolonged periods of time. The problem is that the hernia and the organs sticking out of it are being squashed by being in the sitting position. This means that it is causing me to feel really nauseous all the time.

What I would like advice on is if I am in my rights to request to work from home whilst I'm waiting for the operation? The nature of my job allows me to be an agile worker and by being at home I can sit in a reclining position that stops the hernia being squashed. My line manager has told me that I'm either fit enough to work or I am not. If I am fit enough to work then I need to be in the office, if I am not then I should get signed off. However, I do not want to be signed off because I am not too ill to work I just can't sit for more than 15-20mins in a sitting position without feeling really nauseous. I am able to work if I can recline.

If anybody has any advice that might be able to help me with this then I would really appreciate it.

Thanks
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Comments

  • Undervalued
    Undervalued Posts: 9,782 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Looneybird wrote: »
    Hi,
    I need some advice please about my rights at work.

    I have a large hernia that is about 1" above my naval. I have just been seen by a surgeon that says that the tear is between 1-2 inches long. I have been put on the urgent list for repair surgery but this can take up to 3 months!!

    Anyway, I work in an office job and it means that I have to sit for prolonged periods of time. The problem is that the hernia and the organs sticking out of it are being squashed by being in the sitting position. This means that it is causing me to feel really nauseous all the time.

    What I would like advice on is if I am in my rights to request to work from home whilst I'm waiting for the operation? The nature of my job allows me to be an agile worker and by being at home I can sit in a reclining position that stops the hernia being squashed. My line manager has told me that I'm either fit enough to work or I am not. If I am fit enough to work then I need to be in the office, if I am not then I should get signed off. However, I do not want to be signed off because I am not too ill to work I just can't sit for more than 15-20mins in a sitting position without feeling really nauseous. I am able to work if I can recline.

    If anybody has any advice that might be able to help me with this then I would really appreciate it.

    Thanks

    Obviously you can "request" and they may well agree but you have no right to insist I'm afraid.

    You doctor could give you a "fit" note (i.e. sick note) with a recommendation that you would be fit to work from home or whatever. However your employer does not have to agree and could say "work normally or go off sick".

    The right to reasonable adjustments only applies if you have a disability (as defined for employment law purposes). A temporary problem that is likely to be fixed by surgery is not a disability.
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Perhaps either you or your GP can find out from the surgeon's secretary how long the wait is likely to be realistically? What did your surgeon advise about working whilst waiting for the surgery?
  • MovingForwards
    MovingForwards Posts: 17,164 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    If you can stand without any issues then ask for reasonable adjustment by providing you with an adjustable desk (basically a desk on a desk and costs under £300).

    I cant see them agreeing to you working at home as you will be sitting down.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • Undervalued
    Undervalued Posts: 9,782 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 2 October 2018 at 11:10AM
    If you can stand without any issues then ask for reasonable adjustment by providing you with an adjustable desk (basically a desk on a desk and costs under £300).

    I cant see them agreeing to you working at home as you will be sitting down.

    As I have stated the OP can ask but there is no right to "reasonable adjustments" unless they have a disability (which, based on what we are told, they don't).

    The employer may well agree, particularly if the OP doesn't demand non existent "rights", who knows?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Ask your GP for anti nausea medication?


    This isn't an urgent surgery. Is this a hiatal hernia that has moved?
  • Comms69 wrote: »
    Ask your GP for anti nausea medication?


    This isn't an urgent surgery. Is this a hiatal hernia that has moved?

    Don’t give medical advice please, especially when it’s clear you have no idea what you’re talking about.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Genuine question. You are an office worker. How do you work effectively and efficiently, and maintain DSE requirements to ensure your health and safety whilst reclining? Honestly, that simply isn't possible. And I'm speaking from experience. Despite different circumstances, I recently did some work from home whilst off sick for several weeks (and I am a regular home worker under normal circumstances - so have a fully set up office space). I also had to recline a lot - and I'm telling you now that if you can work for very long in that position, you are something of a contortionist. And it's definitely not advisable for any long term working because it puts abnormal demands on your joints and back which could lead to long term damage. At best, you'll manage about 20 or 30 minutes. I allow extensive home working for all my team, and I'd never permit it in the circumstances you are describing.

    I agree with your manager - you are either fit to work or you are not. I would be willing to look at any possible adjustments to office space or hours of work, but I would never agree to home working in these circumstances.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Don’t give medical advice please, especially when it’s clear you have no idea what you’re talking about.



    I have a hiatal hernia.... Which is why I asked - so I could pass on what has worked for me.


    Sometimes you really are quite pathetic in your stalking....
  • Comms69 wrote: »
    I have a hiatal hernia.... Which is why I asked - so I could pass on what has worked for me.


    Sometimes you really are quite pathetic in your stalking....

    Not stalking, I would have responded the same to anybody who made that stunningly ignorant post.

    You should probably do some reading about your hiatus hernia if you are worried that it might somehow move and transform into an umbilical hernia like the OP’s. You’ll be reassured.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Not stalking, I would have responded the same to anybody who made that stunningly ignorant post.



    Yes yes, whatever you say.


    I literally gave NO advice.


    I suggested that if nausea was a problem then the GP might prescribe medication - I had cyclizine to help.


    I said this clearly wasn't urgent - that's not my opinion, but the opinion of the doctor looking after the OP. And I asked it if was a hiatal hernia (which lots of people have and don't know about; which had moved, or grown, or whatever, as I have that and would happily share how I cope.


    But yes im ignorant...


    Like I said, you're behaviour is pathetic.
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