Is this allowed?

[justastudent]

I work in a Customer Service area for a retail company.

I have been working there for a couple of months. Because I am temporary staff I am not entitled to sick pay - which I am okay with.

However, last week or the week before someone came in really ill claiming that she may have had norovirus, so she got sent home. The same person was in last week still ill and I noticed on a few of the days she was asked to only do emails and not take calls (this was probably because we had loads of emails as opposed to her being ill because she could still speak and use her voice).

Anyway, I’ve now been ill since Tuesday and have completely lost my voice to the point that I even had to miss an exam yesterday.

Today I emailed into work (obviously as I literally can only whisper and I was too embarrassed to do that over the phone) and said I was still ill and have no voice. I also asked if it was possible for my shift tomorrow if I could just do emails as I genuinely can’t speak.

My manager replied saying they ‘ would be unable to offer limited duties as we are very busy with calls.’

Is this actually allowed? Like surely it is not fair that my employer can’t try and work around this for a day or two until I get my voice back? They have basically said either don’t come in or if I come in this state I will have to speak on the phone (I physically can’t speak it is too painful and no sound comes out).

Obviously if I start whispering on the phone they will have a problem with it, and if I say I can’t speak they will probably send me home.

What can I do? What are my rights? I don’t want to miss out on any more pay.

You don’t have any rights. You’re temporary and you’ve only been there three months.

No employer is obliged to adjust duties for anyone, unless it is a reasonable adjustment to accommodate a disability, or as a result of a risk assessment for a pregnant woman, something like that. Even if you request was made by a doctor on a fit note it wouldn’t be something the employer would be obliged to accommodate.

I’m confused though, you seem to think it’s unfair, but you yourself explain the difference in circumstances- ”on a few of the days she was asked to only do emails and not take calls (this was probably because we had loads of emails“

”would be unable to offer limited duties as we are very busy with calls.’“

Sorry I didn’t make it clearer. They do that every day where they will ask one or two people to just do emails so my point was why could they not ask me to be one of those people?

If they do that every day then why post all the stuff about this one individual and how you noticed this happened with her? You made it sound at though it was not a normal everyday thing.

In answer to your question about “why they could not ask me to be one of those people”, I don’t know. Maybe they just didn’t want to, maybe they couldn’t for some reason, who knows. The point is they don’t have to. So if you’re not well enough to do your job and they are not either willing or able to offer you adjusted duties, you need to stay off sick.

Today I emailed into work (obviously as I literally can only whisper and I was too embarrassed to do that over the phone) and said I was still ill and have no voice.

If you had actually picked up the phone and attempted to have the conversation with your manager, they would have found out for themselves that you had problems speaking and would have been much more likely to tell you were genuinely struggling.

Saying you were "embarrassed" sounds like a rather lame excuse I'm afraid.

Are you one of the people who normally do emails?

Just go to work and whisper, they will soon realise your voice is not working and the customers can’t hear you.

What does the other person having or not having norovirus have to do with anything? The whole buildup about the other person seems to be you thinking she was given preferential treatment and then getting mardy when you weren't given the same. And being embarrassed to have them hear you demonstrating your physical inability to do the job was just shooting yourself in the foot wasn't it? Maybe they'd have said "oh bless you, come in anyway and we'll put you on live chat instead of calls until your voice gets better"