Legally do I have any argument?
dk5294
Posts: 178 Forumite
I returned to work last week on a phased return using my annual leave for the 2 days a week I'm not in, after 2 major surgeries, both surgeries involved procedures on my abdomen and as the last was less than 3 weeks ago I was told no bending, lifting, pulling etc. I return to work to be told that my role for the foreseeable is to fix all the filing mistakes which happened prior to my employment. I gave it my best but sadly ended up at the doctor as I started to suffer extreme pain and was told that the job was not light and if I continued to do it, I'd end up back in hospital. Today I went back into work and was told I'd be doing the same this week, so I said if that was the only duty I could do, then I'd go home sick and produce a sick line. I was told I could stay and carry out my normal duties.
Since returning people have been told not to speak to me, I've had no return to work or been asked what I can do and my boss hasn't spoke to me at all.
I love my job but I feel like I'm being penalised for being off for operations outwith my control.
Since returning people have been told not to speak to me, I've had no return to work or been asked what I can do and my boss hasn't spoke to me at all.
I love my job but I feel like I'm being penalised for being off for operations outwith my control.
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Comments
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Right now your options are limited. If you cannot do your job they are entitled to dismiss you. The legitimacy of the absence is always relevant - basically you are employed to do something, if you can't do it then they don't have to keep employing you.
For HSE reasons they should not really be asking you to do something that puts you in pain. But, protesting too hard might cause them to say 'if you can't put files in a cupboard, you aren't fit to work', and that could ultimately lead to dismissal.
Return to works and speaking to your managees are highly advisable activities, but not legally compulsory. You don't sound like you qualify as having a disability so there is no compulsion for them to make reasonable adjustments.
You haven't said what your actual job is. If you are, say, a sales consultant and IF the approach of 'just do the filing and don't get spoken to from now on' continues for a long period, and IF you are over two years service, you MIGHT be able to resign and claim constructive dismissal. At this point they could probably reasonably just say they needed something to give you as your work has been handed over.
Also never, ever 'threaten' to take sick leave. It could be considered misconduct.0 -
If you had a doctors note saying light duties only, and they still made you do heavy duties then I would say you have a legal argument.0
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I returned to work last week on a phased return using my annual leave for the 2 days a week I'm not in, after 2 major surgeries, both surgeries involved procedures on my abdomen and as the last was less than 3 weeks ago I was told no bending, lifting, pulling etc. I return to work to be told that my role for the foreseeable is to fix all the filing mistakes which happened prior to my employment. I gave it my best but sadly ended up at the doctor as I started to suffer extreme pain and was told that the job was not light and if I continued to do it, I'd end up back in hospital. Today I went back into work and was told I'd be doing the same this week, so I said if that was the only duty I could do, then I'd go home sick and produce a sick line. I was told I could stay and carry out my normal duties.
Since returning people have been told not to speak to me, I've had no return to work or been asked what I can do and my boss hasn't spoke to me at all.
I love my job but I feel like I'm being penalised for being off for operations outwith my control.
The key criteria for work is:
Are you doing the job you are paid to do
Are you being paid
It seems the answer to both of those is yes.
Just to be clear - there is no obligation for an employer to accept a phased return, nor to allow annual leave to cover those days.
The employer is perfectly entitled to put you on SSP if you are unable to complete your duties are required due to illness etc. - ultimately this could mean dismissal.
- I'm not saying that to be harsh to you, just worst case scenario. Is this the sword you want to fall upon?0 -
Nonsense. An employer can absolutely ignore any advisory statements and put an employee on sick leave
But to be fair to the poster you quoted, I don't think that an employer would be on solid ground if they ignore the fit note and make the employee do heavy work - the only acceptable choices are that either they agree with the advisory statement and offer light work or they decline to allow the employee to return to work.0 -
But to be fair to the poster you quoted, I don't think that an employer would be on solid ground if they ignore the fit note and make the employee do heavy work - the only acceptable choices are that either they agree with the advisory statement and offer light work or they decline to allow the employee to return to work.
I see what you mean, I took it to read that the employer had to abide by the fit note recommendations.0 -
But to be fair to the poster you quoted, I don't think that an employer would be on solid ground if they ignore the fit note and make the employee do heavy work - the only acceptable choices are that either they agree with the advisory statement and offer light work or they decline to allow the employee to return to work.
I'm not sure you can get work much lighter than filing paperwork though.0 -
Depends on where and how it's filed. Nearly full Lever Arch files on shelves above or below chest height can be a) quite heavy if you've just had surgery and b) quite tricky to get in and out whether or not you've just had surgery.I'm not sure you can get work much lighter than filing paperwork though.Signature removed for peace of mind0
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