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Any advice please?

15 replies

Cantbeannoyed · 27/08/2023 12:54

Hoping someone can come along and give me some advice or any experiences;

If you do a physical job but have stated to your manager on many occasions that you are no longer fit for the job; voiced your concerns etc and they do nothing about it.. what would you do?

I have many problems with my health. I am seeing physio and other specialist. Whilst waiting to be seen by my departments occupation health department (which i asked to be referred to myself). It is likely I won't be seen until october time due to a long waiting list.

I keep being told 'just do what you can' which is very little. I have asked if i could help out in the office in other ways but this was ignored. I am considering going off sick due to pains in my legs/back/neck & arms. I have Lipeodema and its causing me problems. This job is heavy work, that involves heavy lifting, alot of climbing and bending/kneeling.. I can't kneel as my legs are in agony to sit on the ground or trying to get back up.

Anyone got any advice?😭 do I have to just suck it up and get on with it or should I go off work until I'm seen with OH. Just not sure what the best thing to do, is

OP posts:
PickledPurplePickle · 27/08/2023 13:04

I would call ACAS about timescales for reasonable adjustments

However, as this sounds like a permanent rather than a temporary issue, your work may deem that you are no longer able to do the job that you are employed to do

Maybe it's time to find a different job in a more suitable environment for your current health conditions

SM4713 · 27/08/2023 13:12

Did the health problems all only start AFTER taking the job? Have they made any reasonable adjustments? Do you have a specialist for your condition/s who could suggest adjustments or sign you off?
I don't know legally, but I assume that if you can't do the job you were employed to do, even with adjustments, then they'd sign you off as sick? If you worked in the office instead- who would do the job your were employed to do? If you don't have a union or HR department, speak to ACAS.

Cantbeannoyed · 27/08/2023 13:13

Yes I'm in the middle of looking for new jobs but that's not a solution for right now. I'm just not sure what to do currently. As in can I refuse to do the job if theres no other adjustments in place etc or do I go off sick. I just don't know what to do as in 'right now'

OP posts:
PickledPurplePickle · 27/08/2023 14:10

Have the health conditions developed since you took the job?

Cantbeannoyed · 27/08/2023 14:15

I have worked in the job for 10 years. They have developed over the last 2 years. Since the birth of my little boy. I have a union yes.. just don't want to get them involved until its really necessary

OP posts:
PickledPurplePickle · 27/08/2023 14:18

The problem is that if you can physically no longer do the job that you are employed to do, the employer doesn't have many options and may look at starting dismissal proceedings

If you are not able to do the job then you need to be off sick - can you get to the doctor and get signed off?

I'm not sure if this link is helpful
https://www.hrhype.co.uk/dismissal-on-grounds-of-capability-due-to-ill-health

dismissal due to ill health

Ill Health Capability Dismissal Procedure | HR Hype

Employees can be lawfully dismissed on the grounds of capability due to ill health, provided the employer follows the correct procedure.

https://www.hrhype.co.uk/dismissal-on-grounds-of-capability-due-to-ill-health

PickledPurplePickle · 27/08/2023 14:27

Right now, if you're not well enough to do the job, then you need to be off sick

VeeandBee · 27/08/2023 15:46

If you're not fit enough to do the job and it's making you worse then you need to get signed off sick. Then ask for a referral to occupational Health and they can go through all your medical problems with you and do an assessment of what job tasks you can and can't perform. Reports from any hospital HCPs involved in your care will be helpful.

You are entitled to reasonable adjustments if you have a disability or long term health condition. You do, however run the risk that there is so little of the job that you can do (as you mentioned in your OP) that they would have to look at redeploying you into another role. If there isn't one available that you have the skills for then they could terminate your contract on grounds of ill-health
But you definitely need an Occupational Health referral, your workplace will buy into a service if they don't have their own

cocksstrideintheevening · 27/08/2023 15:47

If you can't do the job you need to be signed off sick

VeeandBee · 27/08/2023 15:55

Sorry just seen you've already been referred to occupational Health. In that case you need to go off sick until you have that appointment

Cantbeannoyed · 27/08/2023 16:19

Thanks everyone for all your replies. My GP has said she is happy to sign me off until I am seen by occ health. So I think that is the way I am going to have to go. There are other tasks in the office that I could easily do.. however they have an agency worker in doing this job. So I don't know where I stand with asking if the 2 of us are able to swap over?

OH is 2month wait. But I'm wondering if i go off sick would I be seen much quicker

OP posts:
Sisterpita · 27/08/2023 17:03

@Cantbeannoyed firstly have you actually put your request in writing so there is a paper trail? If not do that now.

Rather than being signed off go to your GP and ask them to give you a fit note. There are 2 options they can use, 1. not fit for work 2. You may be fit for work taking account of the following advice. Ask the GP to tick option 2 you may be fit for word and then set out what you can and cannot do. For example Can’tbeannoyed must not do any heavy lifting and avoid any tasks that require them to bend, kneel or lift items. They are capable of doing an office based role e.g. (enter details of the work you can do). I recommend referral to OH to assess what long term reasonable adjustments need to be put in place,

Email a copy of the fit note to your manager, copy in HR, setting out you have requested a non- physical job pending OH referral. Point out you can do the work currently covered by the agency worker would be ideal and there is clearly a need for this work to be done.

Cantbeannoyed · 27/08/2023 17:09

@Sisterpita I am waiting on a medical note from my GP stating certain things I cannot do. I would rather this than go off sick. Yes I have requests in emails going back to June but nothing is being done. The whole thing is actually affecting my mental health too 😫

OP posts:
Sisterpita · 27/08/2023 17:15

@Cantbeannoyed thats positive just get the fit note and refer asap. If your manager asks you to do heavy lifting state this is against medical advice I will get the fit note confirming this asap.

moomoosaka · 27/08/2023 17:16

Don't do anything you have been told you can't do.

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