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Can they do this?

18 replies

Lizcat · 26/02/2012 10:19

Asking for friend.

She has been off sick for 7 weeks with as yet un-diagnosed stomach pain. Her GP has suggested that she return to work on light duties. Her job is at a site where it is just her and one other person and involves admin, lifting (with the other person) and restraint. Her bosses have suggested that to allow light duties she work at another site 3 miles away where she would only need to do admin duties, she does not want to work there. She has asked that they send a third person to her site, they have refused as they don't have enough staff. They have suggested that either she works at the other site where they can offer light duties or that she is signed off by her doctor, but they will only now pay SSP (up to now they have paid full pay even though contract says SSP only).

She feels they are being unreasonable as she has always resisted working at the other site in the past and they have allowed this.
Thank you for your advice.

OP posts:
scurryfunge · 26/02/2012 10:22

The employer sounds reasonable in providing work elsewhere. Three miles away doesn't make it unreasonable. If the GP won't sign her off then she should return to work.

PurplePidjin · 26/02/2012 10:28

I very much doubt that "I don't want to" will be good enough tbh. You mention restraint which implies learning difficulties or prison? Does she have a reason - eg inexperience working with people with those needs - rather than what appears on the surface (I know you can't post full details of her reasons) to be "I don't really feel like it"?

TheElusiveBidet · 26/02/2012 10:31

Her employer sounds like they are making reasonable adjustments and are actually trying to work with her. They've paid her for 7 weeks when she's only entitled to SSP and are offering a change in role to meet her needs to return to work.

catsareevil · 26/02/2012 10:35

The employer doesnt sound unreasonable, it reads from your OP like they have made a real effort to accomodate your friends needs.
Expecting the company to double up on staffing to allow your friend to avoid working 3 miles away is not reasonable.

QED · 26/02/2012 10:37

Is there some reason why working 3 miles away would prove a problem for your friend?

Lizcat · 26/02/2012 10:39

Actually restraint is of animals - she has been doing this for nearly 14 years. Her site very small just two people other site much bigger around 9 staff.
I have to admit that I thought they were being reasonable, but I said I would ask the mumsnet wisdom.

OP posts:
Lizcat · 26/02/2012 10:42

QED sorry cross posted. I know this is unbelievable, but at other site she will not be able to have lunch with her husband who is 100 yards up the road from her site. They do only have one car which they share to work, but there is direct bus from close to her house to within a quarter of a mile of the other site.

OP posts:
catsareevil · 26/02/2012 10:43
Shock
QED · 26/02/2012 10:44

Then I think she is being rather unreasonable. What have they been doing for lunch when she's been off work? I can see being st the other site would be a change but surely better that and being paid rather than SSP only?

scurryfunge · 26/02/2012 10:44

She is going to be struggling to convince anyone that that is a legitimate reason!

tribpot · 26/02/2012 10:46

Er. Seriously?

HoneyandHaycorns · 26/02/2012 10:49

She is being extremely unreasonable.

PurplePidjin · 26/02/2012 10:54

Blush didn't think of that, sorry.

Yes she's being spectacularly unreasonable! She really can't eat a sandwich without her husband's input? Shock

tribpot · 26/02/2012 10:55

You would think one or other of them could (a) give the other a lift and (b) pop over at lunchtime if the shared consumption of food is such a big deal ...

trixymalixy · 26/02/2012 13:49

Sounds like her employer is being more than reasonable. She got 7 weeks of full pay when should only have had SSP. Shock at not wanting to work at a different site so she can have lunch with her DH!! 3 miles is no distance at all, one could drop the other off and drive over for lunch if it's reall that important.

KatieMiddleton · 26/02/2012 14:51

Wow. She sounds very unreasonable. If the employer is offering to cover the additional expense of getting to the other site then there is not anything I can see that the employer could do to be more accommodating.

Not having lunch with her husband? Hmm. Can't see that one being a goer at tribunal!

Lizcat · 26/02/2012 17:53

Thank you I will done my hard hat and try to be a good friend. I did think it was a little Shock, but then thought maybe I am too easy going as she moaned on about this.

OP posts:
tribpot · 26/02/2012 19:05

It sounds like she was relatively lucky to get away with not having to work at the other site up until now, but that was when she was able to carry out all of the duties required of her at her preferred site.

Now that she can't do that, hopefully temporarily, it is not reasonable to expect someone else to come and do part of her role there whilst she doesn't backfill the work thus created in return! What if the person at the other site can no longer have lunch with his/her partner either? Heavens would fall! Wink

Being charitable, is there any way she could pick up some of the admin work for the other site at the one she's at now? I don't really see why her employer should accommodate this after paying her for 7 weeks when they didn't have to, but perhaps she might then feel mollified slightly.

That all said, I hope she is feeling better soon. But she really is having a larf with her employers.

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