employment issue

[siclean]

Hi,
I work 40 hrs a week, have been off with a hernia, which im suing company for as i feel they have caused it through excessive heavy lfting.. anyway i have seen a surgeon and he said im fine to go back, wont get an op till about 3-4 months... and work i do wont have any affect on hernia... so sent cert off to HR dept, and they said fine, welcome back etc etc, van was given back to me. Today after being back for just 4 days my boss tells me that the owner has demanded i stay off work and only do light duties, which the company have just i day of.. = 8 hrs.. so effectivley im losing 32hrs a week.. im fit to work, the surgeon has passed me fit to work, yet my employer is denyning me my right to work, can i pursue them for unlawful deduction of wages if they fail to pay me my 40 hrs a week ?

 

[dannyboy]

youll get better advice on here than from me but i would say youve got a very good case there

 

[tubaman]

This problem wouldn't have something to do with you suing the company would it? If you are saying that the hernia is their fault because of the type of work you have been doing how can they let you continue with that work if it is not suitable for you? Sounds like basic HR

 

[seagullsovergrimsby]

Because you're taking legal action against your employers for an industrial injury they could have taken legal advice on allowing you to come back and resume normal duties. 8 hours per week does seem to be taking the piss if you're only doing light duties , are they planning to gradually increase the number of hours you do each week until the operation and what do they have planned after you return to work after the op ? You might need to take legal advice on where you stand wages wise , your employer will say they are only looking after your best interests and at the end of the day you still have a job.

 

[siclean]

Because you're taking legal action against your employers for an industrial injury they could have taken legal advice on allowing you to come back and resume normal duties. 8 hours per week does seem to be taking the piss if you're only doing light duties , are they planning to gradually increase the number of hours you do each week until the operation and what do they have planned after you return to work after the op ? You might need to take legal advice on where you stand wages wise , your employer will say they are only looking after your best interests and at the end of the day you still have a job.

on my cert it says i can work full time, but not lift anything over 25kg which i dont anyway... at the end of the day suing them is my stat legal right, it should have no bearing on my employment.. they are prventing me from working, when im fully capable of working.

 

[siclean]

This problem wouldn't have something to do with you suing the company would it? If you are saying that the hernia is their fault because of the type of work you have been doing how can they let you continue with that work if it is not suitable for you? Sounds like basic HR

i was told to lift a carpet machine which weighed 46 kg, on off my van for several months before a ramp was provided.. 46kg is way over the legal guidelines... i no longer lift any remotely heavy things..

 

[Albion Dan]

If you are a permanent employee they have to pay you your contracted hours regardless of how much work they physically give you surely?

 

[PILTDOWN MAN]

I would say you are on sticky ground suing your company unless you can prove lack of manual lifting training, excessive weight lifting, lack of risk assessments. Does your company employ more than 5 people? If so then they are obliged by law to have completed and implemented any recommendations from a full risk assessment of any tasks undertaken during any personnel job description. Copies of these should be readily available. Failure to have completed the assessments is now taken very seriously and would end up being your main reason for a successful case.

Second to this "light duties" is a very dodgy expression. Many companies now insist, due to their employee liability insurance, that you are either fit for work (to fulfill your obligations under your contract of employment) or you are placed on sick leave. Light duties can no longer be suggested by a doctor. Years ago a doctor's certificate could specify a period of light duties, this has been removed.

As far as only being offered 8 hours a week light duties, that would have to be a new contract of employment. By agreeing to it you would be effectively changing jobs. What is your contracted hours? If stated, then, if they will not allow you to work to your current job role then getting signed off is about all you can do. You can insist that a full medical report is preformed prior to accepting this impasse.


Finally you state that you are suing your company for caused by excessive lifting but then go on to say the work you do will not affect your hernia, you can't have both ways.

i hope I been of some help. I was a H & S manager for BA Engineering Gatwick for a while

 

[mcshane in the 79th]

Suing them over the work, and then demanding you are still fit enough to do it so like dodgy ground to me. Perhaps a visit to the CAB is your best bet

 

[Arthur]

The question I think you should be asking yourself is do you to keep working for this company or do you want to chase an ambulance for a few grand?

You're going to have to be as stubborn as hell put up with allot of shit to do both I'm afraid.

 

[mcshane in the 79th]

i was told to lift a carpet machine which weighed 46 kg, on off my van for several months before a ramp was provided.. 46kg is way over the legal guidelines... i no longer lift any remotely heavy things..

46kg is crazy, you're lucky to not have done more damage!

 

[Tricky Dicky]

Whatever the legal rights, wrongs and entitlements, suing your employer is not necessarily the ideal thing to do if you want to carry on working there.

 

[siclean]

I would say you are on sticky ground suing your company unless you can prove lack of manual lifting training, excessive weight lifting, lack of risk assessments. Does your company employ more than 5 people? If so then they are obliged by law to have completed and implemented any recommendations from a full risk assessment of any tasks undertaken during any personnel job description. Copies of these should be readily available. Failure to have completed the assessments is now taken very seriously and would end up being your main reason for a successful case.

Second to this "light duties" is a very dodgy expression. Many companies now insist, due to their employee liability insurance, that you are either fit for work (to fulfill your obligations under your contract of employment) or you are placed on sick leave. Light duties can no longer be suggested by a doctor. Years ago a doctor's certificate could specify a period of light duties, this has been removed.

As far as only being offered 8 hours a week light duties, that would have to be a new contract of employment. By agreeing to it you would be effectively changing jobs. What is your contracted hours? If stated, then, if they will not allow you to work to your current job role then getting signed off is about all you can do. You can insist that a full medical report is preformed prior to accepting this impasse.


Finally you state that you are suing your company for caused by excessive lifting but then go on to say the work you do will not affect your hernia, you can't have both ways.

i hope I been of some help. I was a H & S manager for BA Engineering Gatwick for a while

my contract hours are 40 a week, my argument is this, my doctor has declared me fit to work, the comapny welcomed me back and agreed i can come back to work full time on monday.. yet today i was told the owner will not allow me back doing carpet cleaning, jert washing wheelie bins or cleaning lights, all do not involve any excessive heavy lifting, all they can offer me is one days general cleaning which amounts to 8 hrs work... so i lose 32 hrs... when im perfectly fit to do the othe duties.. the excessive lifting damage has already been done... why welcome me back agree i can come back to work, then 4 days later, decide..oh no we dont want you back.. im fit to work, i should be allowed to work..

 

[Hatterlovesbrighton]

How long have you been working for this company? Didn't you sue the last company you worked for?

 

[siclean]

How long have you been working for this company? Didn't you sue the last company you worked for?

been with em year half full time.. and sec answer ..no

 

[PILTDOWN MAN]

my contract hours are 40 a week, my argument is this, my doctor has declared me fit to work, the comapny welcomed me back and agreed i can come back to work full time on monday.. yet today i was told the owner will not allow me back doing carpet cleaning, jert washing wheelie bins or cleaning lights, all do not involve any excessive heavy lifting, all they can offer me is one days general cleaning which amounts to 8 hrs work... so i lose 32 hrs... when im perfectly fit to do the othe duties.. the excessive lifting damage has already been done... why welcome me back agree i can come back to work, then 4 days later, decide..oh no we dont want you back.. im fit to work, i should be allowed to work..

OK that's good if your contract states 40 hours. Write to your employer asking for his reason for reducing your hours. Explain you wish for a written reply.

How long have you worked there? And have/did you complete an induction period? What training have you had in regard to Health & Safety?

If your boss says he does not want you to work your contract, and is not offering to transfer you into a different position within the company at no detriment to your terms and conditions (ie hours/pay), he is treading a very fine line. This could give you reason to constructively dismiss yourself, but this depends largely on how long you have worked for him.

Can you confirm he employs over 5 people?

Can I ask you if you have had any problems with him before, any disciplinary's etc?

 

[PILTDOWN MAN]

whilst writing I see you have replied to another poster you've worked 1 1/2 years, thats good.

PM me if you want further advice, I'll try to help.

 

[LABHA]

been with em year half full time.. and sec answer ..no

Suing your boss as such,and expecting an easy ride,i would make things hard for you also,if i were your boss.

 

[Deleted member 18477]

46kg is crazy, you're lucky to not have done more damage!

you need to get down the gym.

yeaaaaaaaaaaaa budddyyyy! lightweight, woooooo!!!

 

[mcshane in the 79th]

you need to get down the gym.

yeaaaaaaaaaaaa budddyyyy! lightweight, woooooo!!!

haha, you're probably right!