* *
Welcome, Guest. Please login or register.
Did you miss your activation email?
17-09-19, 03:43AM

Login with username, password and session length

Recent

Members
Stats
  • Total Posts: 60705
  • Total Topics: 1068
  • Online Today: 117
  • Online Ever: 826
  • (23-02-15, 06:44PM)
Users Online
Users: 3
Guests: 89
Total: 92

Author Topic: Light duties  (Read 4156 times)

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Light duties
« on: 22-03-19, 05:09PM »
A dotcom driver has an injury which means has a fit note saying light duties, manager refuses to accept that deliveries arent light duties even if small run (could still be up flats or heavy). I know a fit note means tesco dont have to give light duties but if they cannot the lines also state that the employee should then be deemed unfit for work.

Q1 if driver refuses to do deliveries without support based on above, any action against driver possible or would that be against rules ?

Q2 driver been off for this and returned with the above fit note if has to go off again would it count as 1 absence or 2 as tesco would be the ones not providing light duties therefore defaulting the fit note to unfit for work status.

Q3 driver is happy to work in some other departments for which they feel able and has already done so since return but is being told on occasions delivery driving must be done (with no support).

Any advice welcomed.
DFL

NightAndDay

  • Smart Arse
  • *****
  • Posts: 503
Re: Light duties
« Reply #1 on: 22-03-19, 05:24PM »
In regards to question 1, that would depend on the nature of the injury and sick note, if the injury impairs his ability to do deliveries, then he can't be made to do deliveries, anything the manager makes him do that risks exacerbating his injury is against health and safety laws.

2. If he goes off sick but has a sick note, the absence will count towards his percentage but he can't be disciplined for it because of the sick note (that is if the sick note states he's unfit for work, not amended duties).

3. If his sick note is still in effect, then they can't make him do deliveries, as that would be contravening health and safety laws.
« Last Edit: 22-03-19, 05:26PM by NightAndDay »

tumshie

  • Global Moderator
  • Sad Muppet
  • ******
  • Posts: 3370
  • life is not a rehearsal
Re: Light duties
« Reply #2 on: 22-03-19, 05:49PM »
Perhaps a replacement fit note could be got, saying 'no heavy lifting', 'avoid stair climbing', or suchlike? So that the manager has no room to argue.

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #3 on: 22-03-19, 05:52PM »
Thanks to nightandday, the sick note indeed I think they all say, if light duties can't be provided then the employer must treat it as unfit for work, so another isn't required.
DFL

Pancakes

  • Newbie
  • *
  • Posts: 2
Re: Light duties
« Reply #4 on: 23-03-19, 02:08AM »
Can I please jump on your topic as I don’t know how to send one. I’m on my second meeting from 4 ending being dismissed due to I’ll health, fractured 3 vertebra due to osteoporosis and also have osteoarthritis, If I can’t find a suitable job .. been with track 13 years ,  I’m only 52 my pension pot is rubbish .. any information advice  welcome as I’m feeling very lost .

NightAndDay

  • Smart Arse
  • *****
  • Posts: 503
Re: Light duties
« Reply #5 on: 23-03-19, 07:36AM »
Pancakes, if you're currently on long term sick leave due to your conditions, and your store has a copy of the sick note, then all they can do is conduct long term sickness meetings to discuss an estimated time for when you are able to return to work and any possibilities of you returning with amended duties, if you've been with the company 13 years they can't dismiss you before you have taken all of your company sick pay entitlement, if they're trying to do that, bring a union rep to your meetings (USDAW are next to useless, easily the worst union there is but it's better than having no representation), they can dismiss you if they think/know you'll never be able to recover from your illness to do the job role, but only with documentation, meetings with you monitoring your progress and once you've used up all of your company sick days.

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #6 on: 23-03-19, 07:50AM »
Jumping on the topic ? Or havent subscribed which would hide the create new topic button ?
DFL

Pancakes

  • Newbie
  • *
  • Posts: 2
Re: Light duties
« Reply #7 on: 23-03-19, 08:51AM »
Hi night and day. I’ve returned to work but on light duties self serve check out,and occupational health have made their report that I won’t be able to return To my role stacking shelves. There are no vacancies on self serve check out.

Redshoes

  • Smart Arse
  • *****
  • Posts: 505
Re: Light duties
« Reply #8 on: 23-03-19, 11:54AM »
The company has to look at finding a supporting role but they don't have to create one. They should not move someone else to accommodate you unless that person is also requesting a move. On a return to work plan they can fit you into another area without a vacancy. That is different, it's not a change of contract move. It's a support plan.
Historically checkouts, CSD and PFS have been seen as the areas to place people with health issues. There was a change to this but it has never landed well. As these roles are all service and customer focused that should be the main thing considered when appointing people. Also, because they placed a lot of people in these areas with health problem they have put all the people with higher sick levels in the same areas. It's then a nightmare to cover shifts. People on old fixed contracts don't want overtime but thE shifts still need to be covered. Nobody should be forced to do overtime but if they had enough flexi people seeking overtime it would be less of an issue.
You do deserve the chance to try another role, see if you are able to come to work if you have a role that supports that. I 100% agree with that. If you fit into that role and are of the right character to deliver that is a win win situation. You just don't have the right to a role being created just for you. This is how so many stores have ended up over hours.

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #9 on: 25-03-19, 06:04PM »
Manager is pushing for employee to get private physio (suggesting in my honest opinion the impossible to find), and is also pushing employee to return to work after this week, bit unfair as employee still has the injury, physio appointment is likely 2 months away and doctors line still valid till may.
DFL

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #10 on: 27-03-19, 04:32PM »
Can anyone add anything to the last comment I made about the manager trying to say the employee has to look into getting physio from somewhere else (suggesting free) as he cannot continue to support the employee for the duration of their fit note.

I would have thought managers view would still hold no water as fit notes do clearly state that if amended duties cannot be provided then the employer should treat the form "as you are not fit for work" which would also then mean as no amended duties have been provided then the employee should stay away from work, correct ?
DFL

Nomad

  • Administrator
  • Sad Muppet
  • ******
  • Posts: 6691
  • Who dares, wins.
Re: Light duties
« Reply #11 on: 27-03-19, 05:19PM »
I would agree with your reasoning.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

forrestgimp

  • VLH Supporter
  • Smart Arse
  • ******
  • Posts: 943
  • Cant wait to retire when I am 110
Re: Light duties
« Reply #12 on: 27-03-19, 05:35PM »
The company has to look at finding a supporting role but they don't have to create one. They should not move someone else to accommodate you unless that person is also requesting a move.

Depends if they are classed as disabled because in that respect the company is and would be expected to put someone into a job they can do and move someone from that job to the disabled persons. We work in a supermarket with very few skilled positions and as such are required to work as and where which leaves open it being a reasonable adjustment to do so.

If I were the OP I would be checking out the disability at work act.

NightAndDay

  • Smart Arse
  • *****
  • Posts: 503
Re: Light duties
« Reply #13 on: 27-03-19, 05:52PM »
Can anyone add anything to the last comment I made about the manager trying to say the employee has to look into getting physio from somewhere else (suggesting free) as he cannot continue to support the employee for the duration of their fit note.

I would have thought managers view would still hold no water as fit notes do clearly state that if amended duties cannot be provided then the employer should treat the form "as you are not fit for work" which would also then mean as no amended duties have been provided then the employee should stay away from work, correct ?

If an employee has a sick note saying not fit for work, then they're put on long term sick leave (if the sicknote extends that far, the case most often is that the sick note gives you a month or 2 to monitor your condition) absences longer than a month get treated with tje long term sick absence policy, they expect weekly updates, after a few months, you'll be asked to attend long term sickness review meetings, there's about 3-4 of them, after the 4th, if there is no view in your condition improving they either look to put you into a role you're capable of doing or dismiss you, the 4th meeting is usually held after about 5-6 months of sickness absenses.

turbo33

  • Newbie
  • *
  • Posts: 11
Re: Light duties
« Reply #14 on: 27-03-19, 06:11PM »
I am a warehouse worker. I returned to work after 10 weeks of illness, knee surgery replace knee.  I have 3 months of light duties work from a doctor.  My manager during meeting said that after 4 weeks I have to be able to work or move me to the shop.  Can it require this if the doctor says that I can work only to not overload my knees for 3 months.  My manager can not support me after 4 weeks. I do not want to go to the store.  I have all skills..goods in..goods out.picking..but the fortress I need picking 8h after these 4 weeks ..say manager..I can't use just track..really??

Any help from employer?? second knee ready for surgery next year....

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #15 on: 27-03-19, 06:15PM »
This isnt a disability that the person is expecting to continue as long as 5-6 months, they are making all the necessary efforts via hospital and physio referals with a view to a fix, but management is big time pressuring the employee to return to their normal job before this process is done, bearing in mind nhs waiting lists affect not just the employer but the employee as well.
DFL

turbo33

  • Newbie
  • *
  • Posts: 11
Re: Light duties
« Reply #16 on: 27-03-19, 06:22PM »
Yea..I planed this 18 months after..and now..if everything done..my employer treat my sickness like flu..really...any help after 4weeks..?? and why nobody not respect light duties more 4weeks??...

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #17 on: 27-03-19, 06:31PM »
What updates can you possibly give your employer when you off or on light duties, if your on a waiting list your on a waiting list not likely any updates will have new content, so what are they expecting in these updates
DFL

turbo33

  • Newbie
  • *
  • Posts: 11
Re: Light duties
« Reply #18 on: 27-03-19, 06:38PM »
the manager has all the necessary documents. I also have to go visit  hospital after 8 weeks and the decision will be made when the operation will take place. the second knee is already qualified for surgery. I am not on the waiting list. I do privately.

Munchkin

  • Newbie
  • *
  • Posts: 41
Re: Light duties
« Reply #19 on: 27-03-19, 07:08PM »
So they are willing to support you for the full 3 months but by moving you to store if that is reasonable regarding travel and working hours compared to what you do now and it was simply part of your support but you were able to lresume your normal job after the 3 months then I would say its reasonable however if the travel / shifts / are not reasonable and light duties in warehouse can not be supported for the 3 months I would say absence is the only option

grim up north

  • Know All
  • ****
  • Posts: 236
Re: Light duties
« Reply #20 on: 27-03-19, 07:11PM »
People have been on 'light duties' for years in my DC. And some of these people's medical conditions will never improve

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #21 on: 27-03-19, 09:37PM »
Can I get back to asking though what can your manager "force on you" if anything, and what updates can they expect when your simply on a waiting list.
DFL

Redshoes

  • Smart Arse
  • *****
  • Posts: 505
Re: Light duties
« Reply #22 on: 28-03-19, 09:53AM »
Occupational Health referral is the way to go. You can't be referred without giving permission but it only needs to be verbal. A phone consultation takes place and a report is then produced but can't be seen at store level unless you agree and you can restrict who can see it. The report, if permission is granted, is held in a sealed envelope in your file in store. The recommendations in the referral then need to be followed. If no permission to read report granted you are just informed of light duties or no lifting by group PM, for example. If recovering from an operation they may say light duties until cleared by them to do more. If ongoing they will just agree a suitable job role if one an be found. Can be re-referred over a period of time if needed.

dfl

  • VLH Supporter
  • Regular Pain
  • ******
  • Posts: 183
Re: Light duties
« Reply #23 on: 28-03-19, 01:41PM »
Employee has asked for oh referral and was told not necessary at this time, i was meaning tho can they keep badgering and trying to force the employee back to their original role by saying things like "you need to get back to your own job" even tho employee line is still covering them till around may
DFL

tumshie

  • Global Moderator
  • Sad Muppet
  • ******
  • Posts: 3370
  • life is not a rehearsal
Re: Light duties
« Reply #24 on: 28-03-19, 05:11PM »
Surely if management disagree with the employee about what they are able to do, then OH is needed at this stage.