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    ''Amended duties'' advice please !
    • #1
    • 21st Feb 13, 11:34 AM
    ''Amended duties'' advice please ! 21st Feb 13 at 11:34 AM
    Hi everyone , i just need a question advising on , i am fulltime employed and been with my employer for 9-10 months.

    I recently had a minor operation that should have had a quick recovery time and back to work but unfortunately i had a complication/infection which has now meant i cant do my usual role, my doctor advised me i would be able to work but with amended duties for 2 weeks +.

    Upon telling my employer this information i was told there isnt a role with amended duties so i was bluntly told i have to either do my normal role ( which my doctor said i shouldnt do until i am fit ) or to stay at home on SSP.

    Can they be this blunt ?? or do they have a duty to acknowledge my temporary situation and find me an amended role so at least i can earn a wage, i am paid weekly and have no savings, i live week to week and am stuck between trying to recover from my operation but feeling i have to go to work regardless !

    thanks for looking .
Page 1
    • jobbingmusician
    • By jobbingmusician 21st Feb 13, 11:42 AM
    • 19,141 Posts
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    • #2
    • 21st Feb 13, 11:42 AM
    • #2
    • 21st Feb 13, 11:42 AM
    I think they can. Look at it from the employer's POV they are saying they can't split your role, and they could probably demonstrate this if pushed. They can either use your salary to replace you, or to pay you. What they can't do is to magically find extra money to pay you to do a job that (they claim) doesn't exist (the amended duties role) AND someone to do your work.

    As you have been there less than 2 years they can sack you on any pretext. I would keep my head down, survive on SSP for a couple of weeks, and return to full work as quickly as possible. Sorry this is bad news (and I feel very sympathetic to you) but I think this is the real world answer
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    • zzzLazyDaisy
    • By zzzLazyDaisy 21st Feb 13, 1:13 PM
    • 12,135 Posts
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    • #3
    • 21st Feb 13, 1:13 PM
    • #3
    • 21st Feb 13, 1:13 PM
    The GP's recommendations on a fit note, are just that - recommendations. The employer is under no obligation whatsoever to accommodate those recommendations, and if they are unable or unwilling to do so, you remain on sick leave until you are fit to return to your normal duties.

    The exception to this may be if your illness amounts to a 'disability' within the meaning of the Equality Act, in which case the employer has a duty to make reasonable adjustments to enable you to return to work. Even then, the emphasis is on 'reasonable' and if the employer has no light duties to offer you, they are not obliged to create a job for you.

    Also, as jobbingmusician has pointed out, until you have 2 years service, the employer can dismiss you for any reason or no reason at all, with no come-back, provided the reason is not related to unlawful discrimination (sex, race, age, disability).

    So if your absence is disability related, you may have some extra protection, otherwise, you have very few rights at all.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • silkyuk9
    • By silkyuk9 21st Feb 13, 1:37 PM
    • 2,761 Posts
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    • #4
    • 21st Feb 13, 1:37 PM
    • #4
    • 21st Feb 13, 1:37 PM
    Do you have a staff health dept? These are the ones who can tell you to do amended duties. If you cannot fullfill your job role then I would think you should be on the sick. I have a operation on Saturday and cannot do my job role for 3 weeks, luckily for me I will get full sick pay. However I could do a sit down job after maybe 1 week on the sick but there isn't a role for me to do I wouldn't imagine. So its sick for 3 weeks.

    If you feel you can do your job, and you are really the only one who can decide that then go back to work and be careful. If you cannot do your job its more sick im afraid. I understand your loss of earning, my son has just gone through that, had gastroenteritis and lost 4 days pay. Its a bummer.
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