Issues because of long term sickness advice

meat_n2_reg

Hello

I had a bad motorcycle accident and broke my arm and caused a lot of soft tissue damges which was shown in MRI scan

I work as a care worker for a local council and have worked there for 10 years

I returned to work after 6 months on a light duty only phased return to work for 4 weeks which has just completed ( this was agreed with Occupational Health)

Still ongoing health issues , recent hospital appointment ordered another MRI scan in 2 weeks time to see if I need surgery if cortisone injection does not work

Was taken into managers office today

Told as phased return of work is over , HR have advised that no more light duty role is available

I had 2 choices to do my full role which is 90% manual handling of disabled adults

Or

Go off sick saying that I am not fit to do my job

I had provided info from hospital and surgeon regarding their recommendation to do light duties for a futher 2 weeks so MRI scan can be seen and to give cortisone injection time to work

I was told that if there was any accident because of my arm not being able to cope with heavy manual handling of individuals that I would be legally responsible if any accident occur

I explained again that medical advice was not to perform heavy manual handling until 2 weeks time

However was again told that was not an option

Really don't know what to do as I feel I have been put in a terrible situation and I don't want to put myself , collegues and vulnerable disabled individuals at risk

I am very tempted to resign but I do really enjoy the job , but can't see that I have been given much choice

Any advice greatly appreciated

Thanks Frank

teaselMay

If medical advice says light duties and that's not available then you need to be off sick again. That's what the fit note system does too, the doctor writes their recommendation, says may be fit if xyz, and if the employer can agree to xyz you can work, if they can't then you're off sick

Vitor

My advice to OP would be to not resign and not undertake manual handling against medical advice. Instead, he should:

1. Confirm the meeting and medical restrictions in writing to HR.
2. Request another Occupational Health assessment and an individual risk assessment.
3. Ask HR to explain why two additional weeks of light duties cannot be accommodated.
4. Involve his trade union representative immediately.
5. If adjustments genuinely cannot be made, remain off sick with appropriate medical certification.

That said, at the end of the day dismissal on capability grounds can be lawful, even when the employee is genuinely ill and has done nothing wrong. However, the employer must follow a fair procedure, consider reasonable adjustments where disability law applies, and treat dismissal as a last resort.

ohreallƳ

@meat_n2_reg

Do not resign, let your employer terminate your employment if necessary.

I'm not sure why HR are informing there's no more light duties available, that should be coming from your manager. Can I make an assumption that there certainly are further light duties available they are simply not prepared to continue the current arrangements?

Are you a TU member?

Now I'm not suggesting there is a disability element at play here, at least not at the moment, however consider reaching out to UNISON as they have a self organised group specifically for disabled members, try and get a meeting over a coffee and canvas their thoughts on your situation as they will most likely have specific experience in representing members who are in the firing line re extended absences and light duties.

Is there an admin type roll perhaps scheduling or similar you could do until your injury situation becomes clearer?

Update O/H with the developments and perhaps request from your line manager that they arrange a personal manual handling assessment is conducted, if management declines that request consider a self-referral and request O/H copies management in.

Don't be coerced into returning to a manual role until medics have agreed that with you.

meat_n2_reg

many thanks for all your replies much apprecaited

I did ask about desk job / admin etc and was told that was not a option ….

I know there are light duties available but management do not want to offer them , maybe just want to get rid of staff due to budget cuts ?

I will speak to Drs tomorrow as not risking manual handling in case I hurt myself or others would never forgive myself if I hurt any one of the disabled individuals I care for

Not a TU member

I think my long term sickness has generated a sickness warning where if I take another 5 days off it goes to a final stage which I believe is dismissal

Therefore don't think this will end well , been put in a no win situation

Its such a shame that staff are treated so badly after a accident , sign of the times sadly ..

I am really disappointed after 10 years of service

Marcon

If you aren't in a position to pay for legal advice, then you should be able to get free advice from one of the law clinics operating in various areas of the country. Some are purely online/email/telephone appointments, so even if there isn't one in your immediate vicinity, you should still be able to get the help you need:

https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

Savvy_Sue

It's such a shame that in a high risk role such as this, you didn't mitigate those risks by joining a union.

I hope that the rest of the advice above proves useful, and I'm glad you won't risk your own or your clients' safety by working while injured. Hoping you keep the job and continue to recover.

BridgetTheCat

I think my long term sickness has generated a sickness warning where if I take another 5 days off it goes to a final stage which I believe is dismissal 

If you are a local authority employee under green book conditions with 10 years of continuous service you should be entitled to 6 months sick leave at full pay and a further 6 months at half pay, subject to fit notes etc. The fact that you attempted a return to work and failed should have no bearing on this and should not be a disciplinary matter unless there were other absence issues prior to your accident that you haven’t told us about.

meat_n2_reg

Aparently the sickness policy has been amended recently 6 months full pay 3 months half pay and employment can be now terminated after 9 months …..

Marcon

Are you in the Local Government Pension Scheme? If so, do make sure that if your health issues don't improve you raise the possibility of ill health early retirement before any discussions about terminating your employment reach a conclusion.