Injury at work and reduced pay

[andyoldlabour]

A friend (not me) was diagnosed with RSI and the doctor then said it was caused by her job. He signed her off for two weeks, and on her return her firm got Occupational Health to meet her. They agreed that the RSI was in fact the cause of her injury and made recommendations to the employer.
I should have also added that she is having regular massage/physio to alleviate the symptoms and the physio said that doing the same job again would simply not let the damaged tendons heal.
Her employer (tean leader) has ignored the OccHealth recs and also lied on the report he has produced. I should also point out that the OCC Health report also agreed with the physio, and they recommended a staged return to work with light duties and more variety of work.
She is now on reduced pay do to the damage caused at work.
She has been there three years and is not a member of a union.
Where does she stand?

What’s happening about the staged return/light duties, is that happening? If doing the same job again isn’t possible, are there other jobs available she could be redeployed to?

No, the staged return is not happening and the light duties are being ignored.
I do not work there so do not know precise details.
I do know that the friend is being compared to people half her age, who are mostly male and are not really helping her in her job.

She needs to call someone like ACAS and get some professional advice on this

So if they’re refusing a staged return/light duties presumably she’s still off sick?

Not sure how being ‘compared’ to others is relevant to this.

If they can’t accommodate lighter duties and the physio has said returning to her job isn’t possible, the employer should be looking for redeployment opportunities now, or if the physio felt this is a temporary situation and she will eventually be able to return to her job, the employer can leave her off sick pending that.

In terms of the reduced pay, there’s no requirement for an employer to pay extra to someone who is off sick for a condition caused by work. However they might be vulnerable to a personal injury claim if they could have done more to prevent the injury and she incurs losses as a result of it.

"Not sure how being ‘compared’ to others is relevant to this."

She is being told that there is no difference between a female of 60 and a male of 35 where job performance is concerned, where the job is physical and involves repetitive lifting.
She had another physio session yesterday, but had negative comments from her team leader about that.
She also found out that two other female members of staff had similar injuries when doing this work, and they were moved to another department.
Nobody is in a union at her place, so I think ACAS may be the only way forward.
She is at work at the moment.

"She is being told that there is no difference between a female of 60 and a male of 35 where job performance is concerned, where the job is physical and involves repetitive lifting."

Job performance is a separate thing. Although they have a point that the job is what the job is, and other than in the event of disability, they have no need to adjust what acceptable performance looks like based on the person's sex or age.

If the doctors have said she is not fit to do her job unless there is a phased return and lighter duties, and her employer has said they can't accommodate those, why is she back at work? She'll end up making her condition worse! If medical advice is that she is not fit to do the job, she needs to stay off sick.

"If the doctors have said she is not fit to do her job unless there is a phased return and lighter duties, and her employer has said they can't accommodate those, why is she back at work? She'll end up making her condition worse! If medical advice is that she is not fit to do the job, she needs to stay off sick."

She is back at work because the team leader has told her that they will stop paying sick pay for her, despite the fact that it is a work related injury, something which the occupational health also agree is the case and which has been documented in a report.
The team leader has stated that there is nothing on her previous medical certificate which says anything about "light duties" but I have seen the original and it certainly does state that.

Who involved oh? She needs to go back to them and ask that the phased return and light duties are implemented to enable her to return to work. Her tl is not the be all and end all. If he/she refuses she could raise a grievance.

If she is being paid for the role the same as a 35yo old male then she cannot expect concessions on that basis alone. But that is an entirely separate issue.

"If she is being paid for the role the same as a 35yo old male then she cannot expect concessions on that basis alone. But that is an entirely separate issue."

It is the role she has been doing for the past couple of years, she is the only one doing it and it is that role which has caused her injury. The 35 year old man could do that role faster, because it is manual and he is younger and stronger, but he doen't because he is the team leader.
She had another meeting yesterday, where the TL told her that he wants her to make a full recovery by Christmas. A HR rep was present but did not make any comments.
I have told her, that at any further meetings she should have someone else present to take full minutes of the meetings, which will then be signed off at the end.

Ok well if she's signed off as sick and doesn't want to make her condition worse, she needs to stay off until her adjustments have been put into place. Similarly her work should not be allowing her back, because by allowing her back and not reducing her duties, they are risking liability for making her condition worse.

"Ok well if she's signed off as sick and doesn't want to make her condition worse, she needs to stay off"

I have stated that she is back at work, and if she takes any more time off then they will not pay her.

Yes I know you have. Just trying to give advice, obviously up to you/her whether she chooses to follow it or not.

She can stay at work if she wants to, but there is little to no impetus for her employer to sort out reasonable adjustments if she has decided she is well enough to be there doing her job without them.

It is her doctor who has given her a certificate for one month, detailing that she must be put on "light duties", something which has also been advised by Occupational Health.
She is still in pain and still has physio sessions booked - it was her TM and HR who originally recommended this, but now the TM doesn't like her having time off to attend the physio (which in fact only means her leaving work an hour early, once every couple of weeks).
I spoke to someone at ACAS yesterday, and they asked me if there was an "ageism" element to this. I said there possibly/probably was, given the 30 year age gap between her and the other staff, and the unwillingness for them to be inclusive, but I also said it would be such a difficult thing to prove.

” It is her doctor who has given her a certificate for one month, detailing that she must be put on "light duties", something which has also been advised by Occupational Health.”

The fit note from the doctor should say she is fit for work if light duties are arranged. If light duties aren’t arranged, she is not fit for work and should stay off. If she opts to return to work anyway, as she has done, her employer has less reason to adjust her duties.

She should stay off work, can she claim ssp.

Your friend should ask them for a copy of the RIDDOR report. RSI cases attributed to work must be reported to the Health & Safety Executive. Hopefully this will prompt the TL to realise how serious these cases are and follow advice to improve work conditions. Failing to do so then your friend could call the HSE themselves who may (long shot as they are under resourced) the HSE will pay them a visit and almost force them to. The HSE are hot on occupational health at the moment.

It would also be reportable as she has been off work for more than 7 days. You can report online using HSE website... make sure you mention on there that 2 others have been off with similar problems

KittyVonCatsworth
"Your friend should ask them for a copy of the RIDDOR report. RSI cases attributed to work must be reported to the Health & Safety Executive."

Thank you so much for that information, neither she or myself were aware of that. I will give her the heads up and also look into it. Her team leader is trying to say the work/tasks were not responsible for her injury, but the independent physio and Occupational Health are saying that it was caused by work.