Threatened to be sacked over being signed off

[Paintboxprop]

Good evening all

I am a vehicle paint technician and have been for the last 17 years.

Since lockdown number 1 the body shop has failed to maintain the ovens and in April I became unwell requiring oxygen in hospital due to my lungs, coughing up strange coloured sputum and out of breathe.

I was signed off for 6 weeks and then went back for 2 weeks where my symptoms became severe enough to need the hospital again, and was signed off for a further 5 weeks.

My respiratory consultant said I could only go back to work if certain specialist equipment was purchased and the ovens were repaired.

The ovens have been repaired but my specialist equipment has not been ordered due to work saying they’ve lost the trade brochure.

Im due back to work this week but I don’t know what to do as if I get signed off again he will fire me (huge U.K. car company by the way)

aibu to refuse to go back

YANBU they must make reasonable adjustments and get the equipment or they could be sued surely. Stick to your guns

talk to your union if you're in one - or call ACAS

You are not being unreasonable to put your health ahead of your job, but your employer is also possibly not being unreasonable to employ someone else if you don’t have the capacity to carry out your job.

Even if your condition is classed as a disability there is still a limit to how much of an adjustment they are required to make.

If there is a problem with the equipment are your colleagues all suffering from the same issues?

As a pp said - are you in a union?

Although situations like yours will have fewer and fewer remedies once the Tory bloodlust for deregulation accelerates.

Workplaces will simply become more dangerous.

Good luck, OP

ACAS is your best bet for advice. Good luck!

Does the consultant think your lung condition is work related? Is so it needs to be reported under RIDDOR. If you are spraying isocynates you should be having regularly lung function testing at work along with urine testing. If these things are not happening your work place is not adhering to HSE guidance. I think you need some specific legal advice.

Do you have occupational health at work?

Under no circumstance should you be going back to an environment that is detrimental to your health.

Do you not use air fed masks?

It is disgraceful that you've been working in an environment for a major car company that is so hazardous you've been hospitalised. These fuckers should be named and shamed. Thank God you're consultant is so supportive.

talk to your consultant and follow his advice. If you get fired you’d have a great basis for legal action. Needs to be reported to RIDDOR yes

www.hse.gov.uk/riddor/reportable-incidents.htm

WiderHSE info www.hse.gov.uk/

www.gov.uk/dismissal/reasons-you-can-be-dismissed

the law states that companies must give employees time to recover and should consider what action can be taken if the job is making employees poorly. The fact it is the companies neglect which has made you poorly in the first place is incredibly serious

If they dismissed you you could have a very good case for unfair dismissal for

1. Not following due procedure with capability dismissal
2. Causing the condition in the first place through lack of h&s (has this been proven?)

Speak to ACAS immediately but it sounds like you'll have to report them to HSE

Did you miss the part where op said it was caused by work not maintaining their equipment and not providing PPE ?

Also you can't just sack someone after 17 years for sickness, fair procedures must be followed.

As everyone says, join your union this AM, and then talk to HR via them or with their advice

I don’t know if the equipment you need is a reasonable adjustment or not, but they will have to keep paying you while they argue that out, and if it isn’t going to work you will at least have a notice period.

It sounds like it’s going to be well above your immediate managers pay grade, so once you’ve spoken to the union and HR just let him know you’ve let HR know and they’ll be in touch with him. Don’t be aggressive about it, just calm and formal.

I would call your union and an employment lawyer, I think you should sue them for making you sick in the first place

How expensive is the specialist equipment needed? If they've lost the brochure, can they simply order it online?

You need to contact Health and safety. It's your responsibility as well as your employer s.

Have you been working with occupational health at work? What do they say? You need to engage with them to push a solution through. Are you the only one getting sick?

Who has said he will fire you? HR? Your manager? Other colleagues?

This doesn’t sound right at all. Definitely formalise it all.

I am unclear op whether your respiratory condition arises from the ovens which were in disrepair or if it is an unrelated condition exacerbated by the ovens/chemicals/etc.

ACAS are really helpful in the phone.

You need help with this.

Of course you can’t go back to work in an environment so dangerous to your health. So get help navigating this with your employer.

This is not a ‘no win’ situation. There will be lots of the law on your side.

You might be due compensation.

Not at all. i have nursed many people with end stage lung disease who never smoked in their life but developed it from working in industries with poor health and safety provision. The fact that you already have lung damage is bad enough but no equipment to keep you safe is an absolute no no.

This is bloody disgraceful, OP. I wonder if the HSE come and do spot checks on places like this, or if they would if you asked them?

No-one should have their health put at risk like this.

And yes to joining a union.

OP make sure you save everything in writing. Under the health and safety at work act they have a duty of care to keep you safe. You can put in an EL claim for disease as you have contracted it at work and they have been negligent in not taking action straight away when they knew the cause, and you could claim for loss of earnings and future earnings as well. Go and see a solicitor who does industrial disease claims.

The way they've behaved is disgusting and illegal