Is this legal? Any advice?

[Marmozet3]

Hello,

I have recently started a job as a support worker and I'm in the first weeks of training. I've been unable to complete the restraint element of training as it is too painful due to arthritis in spine and foot. They have told me to re-complete a pre- employment health questionnaire, which I assume is to flag me up to occupational health?

Prior to the job starting when I completed the pre-employment health questionnaire; I did raise that I have low back pain and that I would probably not be able to restrain for long. I wasn't aware of what the training involved at this point, or the restraint process let alone what effect it would have on me.

The trainers said I did perform well physically un other elements such as break away techniques and arm holds etc. It is literally the bending over and holding someone down that kills my back.

I still can perform in all other duties of role just not holding someone down. This is a children's mental health place.

I really want this job but I am worried about them sacking me. Are they in their rights to withdraw offer of employment based on my back and foot?

I guess reasonable adjustment would be to not have me restrain others, but is this too detrimental on my role? The only mention in the job advert and application was that there would be strenuous work- no mention of physical restraining.

Please can anyone offer any advice on this?

Bump

Yes they can. Reasonable adjustments should always be put in place where possible but that doesn't not include an instance like this where being exempt from an aspect of the role actively puts others at higher risk. If the advert said strenuous then it is clear that physical fitness is a basic requirement.

Tbh I would be looking for another job, you could potentially injure yourself, your colleagues would not be able to rely on your physical support and restraining and holding kids down sounds dreadful. Are there other similar jobs you would consider where physical restraint isn't needed.

Thank you for your responses. I shall wait to see what happens after HR review my second pre-employment health questionnaire.

I have reviewed my contract along with the job description and there is no mention of physical restraint.

If they do get rid of me could they refuse to pay me?

What prompted you to state in your pre employment health questionnaire that you wouldnt be able to restrain for long if there was no mention of it in the job description or contract.

@Marmozet3

Thank you for your responses. I shall wait to see what happens after HR review my second pre-employment health questionnaire.

I have reviewed my contract along with the job description and there is no mention of physical restraint.

If they do get rid of me could they refuse to pay me?

If they do let you go they would have to pay you for any shifts already completed

They wouldn't list on a job advert for a warehouse- moving pallets from one place to another. They would just stipulate it's strenuous work as well. I expect it'll be setting dependant. If there's 10 staff on a time they would be more able to allow one staff to be exempt from restraints compared to say a small setting with only 3 working at a time.

I'd be amazed if you could continue, tbh. You'd be at risk yourself and you would be putting other colleagues and service users at risk. Restraint is avoided at all times, where possible, but when it is necessary, it has to be immediate.

Please back out now. I've worked in secure settings and when you have colleagues who can't retain it makes it unsafe for everyone, staff and service users.
You'll get paid for what you've done so far, but absolutely no one will thank you for pursuing this.

My sis works in a care home for adults with severe LD... they can be the sweetest guys ever but they are all physically 40+ yr old men...they can also flip a table and punch her hard enough to knock her out.

She loves her job but absolutely relies on her strength and technique, having a nervous person or member of staff who is unable to restrain someone who needs to be restrained is dangerous. She was knocked out in a shop after one of the clients was overstimulated by the noise of newly installed self checkoutsand threw the basket at her head the other staff member she was with was scared and just ran the client ran off... he had the potential to seriously injure anyone who got in his way.

If you can't do it, don't.

You can ask to be referred to occupational health and they will look at adjustments which could be made.

The biggest issue imo is that you couldn’t be included in safe ward numbers without restraint training. Most wards will not accept you.

Why are they asking you to complete the questionnaire again if you've already stated your health issues in the first one.

It sounds like you might have left some things out. If so, it could be grounds for dismissal as you haven't been honest and if what you've left out prevents you from doing the job safely, it is indeed an issue.