Return to work after illness

[dontquotem3]

Since November 2016 I have worked part time for a large retail chain delivering goods to customers. It has been physically demanding and I have since developed back pain which has led me to take time off (certified by doctor).

My sick notes ran out yesterday, I am still not better and will attempt to get an appointment with my doctor tomorrow.

I have spoken with my direct manager, telling her that I would like/need to come back to work, but will not longer be able to fulfil the role I am contracted for; I followed this conversation up with an email.

I have just spoken with my manager who told me that she would need to speak with one of the shop floor manager to find out whether they are able to accommodate me with shifts. I asked if this was not possible/feasible what then? She basically told me that I would need to make a descision - I am assuming she means go back to driving or picking in the warehouse (not possible) or find myself new employment.

Is this right/legal?
I also, have not received any sick pay despite my docorts notes.
Please help if you can.

[AgentProvocateur]

Yes, it's legal. If illness prevents you doing the job you're employed to do, they're perfectly within their rights to get rid of you.

[dontquotem3]

Thank you, I think.

[flowery]

If you're fit for some sort of work but not the kind of work you normally do, your doctor should put that on the fit note.

If your employer is able/willing to accommodate any changes to your work that the doctor says would enable you to come back, then you can return. If not, you stay off sick.

If your condition is a disability, then your employer is under a specific duty to make reasonable adjustments, which might include moving you to a different role.

Do you know why you haven't had statutory sick pay? Has your employer told you why not?

[Lagerthaisfabulous]

Why havent you got SSP?

Yes they can get rid if you cant do your job. But as pp points out it not quite as simple if there are other roles they could easily move you too.

Most employers would try and make reasinable adjustments. If its a disability they HAVE to do that.

Do they have any other jobs apart from ones you have said you cant do?

[dontquotem3]

There are other roles that I could fulfil, I thought I could simply move to a customer services role. But, my manager (for the drivers) has to speak to the other manager (for the customer facing on tills) and find out if he has shifts that he can allocate to me. Basically she said if he doesn’t then I would need to sort myself out.

I am only part time averaging 10 Hours a week. I’d work on a rota basis, so start time is set but finish times can vary so I would always get hours stated on my contract each week iyswim.

My “contract” is a permanent one.

I have no idea why I have not received SSP, I queried this with my manager via email, she has yet to respond.

Thanks for taking the time.

[dontquotem3]

Just to add, I am not disabled, but have had a bad bought of back ache that is not going away and is aggravated by long periods of sitting, heavy lifting and twisting. All requirements of my driver role!

[PlateOfBiscuits]

Tell your manager to refer you to Occupational Health. They assess your fitness to work and write a report for your managers making suggestions eg the managers should 'make reasonable adjustments' for you to return to work.

[M4Dad]

Sorry to be blunt, if you're well thought of/face fits they will find you a position for you, if you're not/don't then they won't.

[dontquotem3]

Do I need to fill out a form from my employer to claim SSP?

[wannabestressfree]

On the sick note it will have several boxes that your doctor can tick that stipulate eg you are fit to return but change in role is required/ amended duties/ Work place adaptions.
Honestly though you should have seen the doctor before your note ran out they like them to run on.
Where does your job stand with sick pay? Is there HR/ finance you can talk to?

[MickeyLuv]

If you only work 10 hours per week then it is possible that you don;t earn enough to qualify for SSP, you need to earn at least £113 per week.

[flowery]

"I thought I could simply move to a customer services role. But, my manager (for the drivers) has to speak to the other manager (for the customer facing on tills) and find out if he has shifts that he can allocate to me."

That's fine. They are not expected to create a position just for you. If there is a vacancy/available shifts, and they are happy for you to do them, great. But if there aren't shifts available because the customer service team are fully-staffed, then of course you can't "simply move to a customer services role".

Sounds like you probably don't earn enough to qualify for SSP.

[dontquotem3]

Thank you all for your advice. My position has become clearer.