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Author Topic: Driver being pushed out ?  (Read 5011 times)

Welshie

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Re: Driver being pushed out ?
« Reply #25 on: 24-04-19, 08:10AM »
Maybe to help dfl you could post the policy where it states that colleagues can demand to be referred to occupational health, as the policies I have read all say " your manager may decide to refer you" and gives reasons why a manager may decide to refer you.

@dfl it's all very well for people to advise you to string out your lighter duties and hint that you may never be able to return to your own job BUT  keep in mind T*sco are under no obligation to find you another job if you're not fit to do you're own.  With the recent restructuring there will be few, if any, vacancies and it isn't like it was years ago, if you're not up to your job they'll be more than happy to manage you out of it and replace you with someone on a flexi contract, less holidays and not getting paid sick from day 1.

Rightly or wrongly things have changed.

dfl

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Re: Driver being pushed out ?
« Reply #26 on: 24-04-19, 12:19PM »
Things have changed I agree, as far as the policy goes it states that you don't have to be off work to have OH get involved but that the managers reason for refusal, I haven't seen anything in the reasons that a manager may refer you that are differing from my circumstance.
DFL

optout

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Re: Driver being pushed out ?
« Reply #27 on: 25-04-19, 10:57PM »
Why on earth would a manager refuse access to Occupational Health? Is this Tesco Policy? Please Welchie explain.


Maybe Walchie you could explain where about in tesco policy it states that your employer must supply toilet roll in the toilets?

I would suggest, getting your manager to refuse you access to Occupational Health in front of witnesses or put the refusal in writing. And then contact Dave Lewis's office and ask them to answer the the questions in my previous 2 paras.
If at some point in the future your injury is exacerbated, this may become important at any tribunal.
« Last Edit: 25-04-19, 11:04PM by optout »
I AM NOT A REP, BUT......

Welshie

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Re: Driver being pushed out ?
« Reply #28 on: 25-04-19, 11:30PM »
I'm simply asking where it states that an employee can demand to be referred to occupational health .
Why would a manager refer everyone that required light duties for a short time to them
And don't imagine injury will get worse by sitting on check-outs .

optout

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Re: Driver being pushed out ?
« Reply #29 on: 26-04-19, 12:01AM »
The request is not from the manger, the request is from the employee (and might I add in the companies interest) and the manager is obstructing this access to a medical professional who may be able to prolong the employees career. Access to OH is I am quite certain an element of any companies safe system of working. But Hey do we REALLY need a 'policy for that'.

If the employee is eventually 'managed' out of the business and a Constructive Dismissal case is brought, what do you think the judge will make of the fact that OH access was requested by the employee BUT refused by the company? Do you imagine the following conversation; Tesco Brief ....'Its not in the tesco policy your honour'....Judge 'oh, well that's alright then'.

Here's another question for you; Where in tesco policy does it state that a tesco employee is entitled to 'breathe whilst working'? I have been looking for this policy for ages, but I won't hold my breath.

I AM NOT A REP, BUT......

alf

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Re: Driver being pushed out ?
« Reply #30 on: 26-04-19, 12:15AM »
This whole situation is getting even more bonkers, in summary,
  • have an injury
  • Get a fit note
  • Complain about the light duties received
  • Want to work in a department involving heavy lifting which explicitly goes against the fit note
  • And then wonder if you can grievance, when obviously you aren't allowed to put your health at risk

As for this OH business, OH exist to keep/get employees back to work, it exists for the benefit of the employer essentially. Why would Tesco involve OH at this stage (emphasis on "this stage", as I'm not saying OH should never be involved) when DFL has been to a doctor, received a fit note for 6 weeks, and is currently working light duties as dictated.

Besides it seems DFL ultimately wants to work C&C, I cant see a situation in were OH involvement would aid that. If it came to it neither Tesco nor OH are going to want to move someone with physical health problems onto a physically demanding department.

And opt,  you have mentioned managers aren't doctors, and how an injury being exacerbated could be important to a tribunal. Yet you are totally ignoring that the manager in this instance is the one following the medical advice given by a doctor, they have put DFL on light duties as dictated by the fit note, and they have refused to fulfil DFLs  request to work C&C, which would go against the fit note.
« Last Edit: 26-04-19, 12:25AM by alf »

alf

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Re: Driver being pushed out ?
« Reply #31 on: 26-04-19, 12:21AM »
As for this latest OH drama, if it gets as far dismissal OH will need to be involved.

But it's no where near that stage, and besides Tesco may well say sod it, we'll keep him on checkouts.

Redshoes

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Re: Driver being pushed out ?
« Reply #32 on: 26-04-19, 11:26AM »
You need a passport first before occupational health. This is filled out by you then reviewed with your manager and placed in your file but neither needed if everything covered on return to work plan and not ongoing.

The passport covers what you can do on your best and worst days and should be used to stop you having to go through the same thing time and time again.  It's in your file to refer to and to confirm the way forward.  This should also be the case with a return to work plan.

Depending of recovery time or severity the process should be return to work plan, passport and then occupational health.  We have someone who is referred back to occupational health every six weeks and is on light duties until cleared by OH.
 
One more point, as OH is about the most private health things your permission has to be given to go forward but more than that the reading of the report is limited.  It can't be seen by your manager unless you grant permission.  It's seen by group pm and they will just tell store light duties and agree a job role but they won't say details.  Your report might say that due to the medication you are on you need to be on light duties because the medication needs the chance to work but to those in work you look fit and healthy.  You do get to see your own report and if you want to you can hand a copy into work. You can say restricted view or seen by all managers, that's up to you but report will be held in a sealed envelope within your file.

dfl

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Re: Driver being pushed out ?
« Reply #33 on: 29-04-19, 06:12PM »
One more point I'd make though is that the manager's reason (or lie) for not putting me on c & c isn't in my view anything to do with lifting as again it has been made clear the only issue is bending knees ( not an issue one basket at a time/c&c/no stairs ), I was told I couldn't do that (even though I've requested it many times) because non drivers are covering that, it's untrue as the rotas clearly show other drivers indeed being on c & c, be it new starts and longer term drivers, but I've been excluded from it and given the "non drivers" cover story.
DFL

Welshie

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Re: Driver being pushed out ?
« Reply #34 on: 29-04-19, 06:42PM »
dfl - you miss the point that others are trying to make, you can tell your manager it's about bending knees and climbing stairs till you are blue in the face but as your doctor's note states "NO heavy lifting ", your manager is doing the right thing.

Go back to your GP get a revised note with correct information on it and then you would have an argument to make !!
« Last Edit: 29-04-19, 06:49PM by Welshie »

dfl

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Re: Driver being pushed out ?
« Reply #35 on: 02-05-19, 10:51AM »
it says "For light duties - no heavy lifting or bulky box lifting. avoid duties that require bending the knees excessively such as during deliveries".
however line is still in force and yet was given a heavy run to do in last few days which i refused and had to get managers to change for a smaller one (and it was reluctantly done).
DFL

Voiceofreason

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Re: Driver being pushed out ?
« Reply #36 on: 02-05-19, 09:20PM »
I bet the other drivers love you at the moment then, especially the driver who’s route you took off them.  :D  sounds like a good job to have though, C + C or easy/light routes for the same money as the driver who had to take the heavy one. Where do I apply 😂

dfl

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Re: Driver being pushed out ?
« Reply #37 on: 03-05-19, 04:04PM »
Eh no, other driver knows they have helped me out and its made quite clear by me I owe them one, quite sure any colleague including me when better would help another out.
DFL