Advice required.

jeff_chandler

Hi all. 
My Daughter is an employee of Aldi stores, she's been employed by them for around 8 years. Her work is very demanding where she has always returned home from a shift knackered. She has opened delivered pallets by herself on numerous occasions and stacked the isles ready for customers, this before the store opens in a morning. 
She noticed she had pains in her back which began to get worse. She couldn't work no longer. Her GP sent her for a scan which showed she had a bulging disc, I can't remember the medical terminology for this but, the hospital were very concerned at the scan results. Poor girl didn't know when she needed the toilet. Then came Covid. 
She recently went for another scan and her operation to remove this bulging disc is at the end of May. 
Aldi haven't been very sympathetic with her and sent her warning letters. Her Area Manager doesn't seem to have the attributes to be in such position judging by the way he speaks to her ( listened to him via loudspeaker. He's trying to get her to agree an employment termination for a payment? I can't see this as legal. After this operation she'll probably need a few months to recover. Only then will she know if she will be able to return. As it currently is, she does get sick pay but this is no where near what she earned whilst working. 
She's still receiving calls from this person who demands to know what shew wants to do. 

McKneff

What does your daughter want to do..
She needs to write and up datetime as to the position she is in.

Tell her if she stays on the sick, she will receive sick pay and also accrue holiday pay while she is off work so tell her to decline the offer to pay her off. 
Good luck with her operation and tell her to look at Yantra mat, they are not medicinal but do help relive pain by pressure points 

oh_really

Sounds like she's been considered a suitable candidate for a microdiscectomy. She needs to be mindful of manual handling post surgery or complications/ symptoms may persist.

In terms of work, was a risk assessment conducted, this is required to be suitable and sufficient? Did adequate manual handling training take place and was it followed? Wa\s there adequate supervision?

I don't know what the safety standards are like at this workplace however the employer has a duty to report this under RIDDOR regs (assumptions being made here).
Is she a union member? 

jeff_chandler

Thank you very much for those replies. Her actual diagnosis is L4/5 disc exclusion with canal stenosis. She has been on Pregabolin tablets and the poor girl has been almost spaced out for months. The Hospital couldn't perform the operation during Covid and is only now she got a date for the op. She went for her pre op earlier this week.
The most annoying part of this is the fact her area manager has constantly badgered her, asking what she's doing whilst off and is always asking her when she thinks she'll be ready to return . She got a phone call today from him, she ignored it but he then sent a text asking for her to go to one of the stores about eight miles from where we live. He wanted to speak to her one on one. ?She did get quite annoyed with him a few weeks ago because of the constant bombardment of calls to her. The point is, he didn't like her when he was appointed Area Manager which was during her problems with her back. All the staff at her store have been sent elsewhere and replaced by his select.
She probably will never return to Aldi as she won't  be able to do the heavy lifting that comes with the job. I personally believe they're after getting without her now. If this is so they need to back off until after her operation. 
As for manual handling courses, no, she was never sent on any. Most the time she unloaded waggons by herself unsupervised. She knows herself this was the result of the heavy workload but I guess Aldi have other idea's. 

oh_really

What outcome is she looking for in terms of her employment?

jeff_chandler

It's probably more like she won't be able to do the job after surgery, She want's to return but is scared she won't be able to do so. She's only 30 and getting a job these days is difficult , even without a disability which she has been told. Maybe they can come to some compromise but she needs to hear that from head office and not some young little Hitler.

oh_really

I'm a bit pressed for time atm. Have a read through the Archibald case, (old now but still interesting)  https://www.foxwilliams.com/2016/10/03/positive-discrimination-archibald-v-fife-council (it can be a reasonable adjustment, in some cases, for the employer to create a job).
I'm sure others will weigh in with comment.