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  • FIRST POST
    • Vikaroo
    • By Vikaroo 11th Dec 12, 12:38 PM
    • 174Posts
    • 301Thanks
    Vikaroo
    Heavy Duties - Employer being unfair?
    • #1
    • 11th Dec 12, 12:38 PM
    Heavy Duties - Employer being unfair? 11th Dec 12 at 12:38 PM
    My OH works for a Truss assembling company building the wooden frames for houses etc. He has been experiencing pain in his back and has various other pain related symptoms which have gradually got worse over around the last 12 months where he is now constantly in pain and is being managed on Strong pain relief.

    His Doctor provided a note stating to his employer that he needs to perform light duties, however this note has now expired. His employer was allowing him to do this and said that he could continue to do light duties until his rheumatology appointment (where hopefully we'll find out what's causing the problem) towards the end of January 2013.

    His employer now keeps asking him when the appointment is, if he's having surgery etc and my OH has explained that he doesn't know what's going to happen until his appointment. His employer has asked him to perform duties that require heavy lifting again and my OH is struggling with this as its putting him in more pain.

    Today he has had to leave 4 hours earlier than the shift end time, unpaid due to this and I feel that his employer is being very unsupportive of his current condition. My OH has been attending work and not having time off up until now despite his difficulty at present as he is able to do so provided he is on light duties.

    Where does he stand? The Company is a very small family run business.

    Thanks
    Jan 2019 Wins:Cinema projector worth £500Feb 2019 Wins: £50 Miller & Carter Voucher, Co2 Monitor, Tickets to the Photography show
Page 1
    • ceh209
    • By ceh209 11th Dec 12, 1:16 PM
    • 798 Posts
    • 523 Thanks
    ceh209
    • #2
    • 11th Dec 12, 1:16 PM
    • #2
    • 11th Dec 12, 1:16 PM
    Any reason he can't go back to his doctor for another fit note saying he needs light duties?

    Or are you concerned the company will just ignore that? If he gets that, they will have to give him light duties or treat him as off sick - for which he may only get SSP, depends on the company and his contract.
    Excuse any mis-spelt replies, there's probably a cat sat on the keyboard
    • Vikaroo
    • By Vikaroo 11th Dec 12, 1:28 PM
    • 174 Posts
    • 301 Thanks
    Vikaroo
    • #3
    • 11th Dec 12, 1:28 PM
    • #3
    • 11th Dec 12, 1:28 PM
    there is capacity for him to do light duties, they are just choosing not to. They went along with his previous note but crept extra duties in and put pressure on him to start doing more. He does have concerns about being off sick as he is only entitled to SSP which would cause massive issues with rent, bills etc and he is able to work it's just the heavy stuff that's an issue at present.
    Jan 2019 Wins:Cinema projector worth £500Feb 2019 Wins: £50 Miller & Carter Voucher, Co2 Monitor, Tickets to the Photography show
  • CAB Malvern Hills representative
    • #4
    • 11th Dec 12, 3:02 PM
    • #4
    • 11th Dec 12, 3:02 PM
    [QUOTE=Vikaroo;57858717]My OH works for a Truss assembling company building the wooden frames for houses etc. He has been experiencing pain in his back and has various other pain related symptoms which have gradually got worse over around the last 12 months where he is now constantly in pain and is being managed on Strong pain relief.

    His Doctor provided a note stating to his employer that he needs to perform light duties, however this note has now expired. His employer was allowing him to do this and said that he could continue to do light duties until his rheumatology appointment (where hopefully we'll find out what's causing the problem) towards the end of January 2013.

    His employer now keeps asking him when the appointment is, if he's having surgery etc and my OH has explained that he doesn't know what's going to happen until his appointment. His employer has asked him to perform duties that require heavy lifting again and my OH is struggling with this as its putting him in more pain.

    Today he has had to leave 4 hours earlier than the shift end time, unpaid due to this and I feel that his employer is being very unsupportive of his current condition. My OH has been attending work and not having time off up until now despite his difficulty at present as he is able to do so provided he is on light duties.

    Where does he stand? The Company is a very small family run business.

    Thanks[/QUOTE

    Hi

    It does indeed seem that his employer is being very unsupportive of your partner problems and isn't really following the rules on health and safety at work. Employers have many responsabilities in respect of health and safety legislation including carrying out a risk assessment to identify problems and taking action to resolve them to maintain a healthy workplace.

    You can find further information on employers duties in this regard on the Health and Safety Executive (HSE) website at www.hse.gov.uk. Suggest your partner also contacts them to discuss the issue and they will give some practical suggestions as to how best to resolve this situation.

    Once you have looked at the information and spoken to HSE - he could look at submitting an official grievance about the way he has been treated. His local CAB could help him with this if necessary.

    Follow the link below for information on resolving a problem at work :

    http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/what_to_do_if_there_s_a_problem_at_work.htm
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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