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Im taking legal action against my employer. No confidence in Union Solicitor

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  • Im taking legal action against my employer. No confidence in Union Solicitor

    I will keep this short.

    In 2016 I was taken ill at work, work sent me to hospital where my back was scanned. It was found I had Disc Bulges, Disc Infusions, Stenosis and Osteopetrosis of my Spine..

    Management proceeded to place me on zones which aggravated my back.
    On the 28th January 2020 my back gave way at home, I was in major pain and could not move. My DR signed me off for 2 weeks, then a further two weeks after that. AT the first two weeks, Occupational Health, ('OH') classed me fit for work, going against my DR's advice. I was threatened with the sack when I requested a second opinion. I contacted HR and they agreed with me, I needed a second opinion. On the 31st January I was assessed again, where OH states that they were agreeing with their original decision. Further to this, they stated that I was not in control of my pain. Management proceeded to place me on zones which went against OH's advice.

    In October 2023, I was off from work due to my back, I requested a referral to OH. My manager who was also my manager in 2020 arranged this for me. My PL gave OH my old number of which I had not used since 2018, so there was several appointments missed.

    I managed to contact Occupational health and an appointment was made on the 22st February 2023, some four months after my initial referral. There was four missed appointments due to my former manager putting my old phone number on my referral. Issues arising, Tennis Elbow and aggravated back injury.

    My solicitor, who is free as part of Union subscription just sent me the following, would this be true? Please note, the 'Opportunity to sit' was put in place in 2020 due to my back injury.


    Thank you for sending me the records.

    I note your comments below – however, anything that was more than 3 years ago is “out of time” in relation to the 3 year limitation period.

    When you started the claim you instructed us that it related to your back and elbow symptoms due to moving to the a new role in April 22 then moving to large panels in the summer of 22.

    The OH reports from 20.2.23 onwards would therefore be relevant.

    There were reports dated 20.2.23, 2.3.23, 9.3.23, 13.4.23, 9.10.23, 17.11.23, 12.2.24, 29.2.24.

    In all of the reports there is a permanent restriction for an opportunity to sit, however, there are no restrictions in any of them regarding your back. You were assessed as fit for work with those restrictions.

    Your elbow problem was first mentioned in 20.2.23 but you were deemed fit for work, with restrictions, whilst awaiting a workplace assessment.

    By 2.3.23 you had been given exercises to do, and a temporary restriction was put in place regarding no sustained or heavy grip – until 31.3.23

    On 9.3.23 a workplace assessment had taken place – this had happened within a reasonable time period following your first report of elbow symptoms. Alternative duties or stillages were advised. The temporary restriction regarding gripping continued. There is no restriction regarding your back.

    On 13.4.23 you were reassessed, you were doing exercises and having physio. You were assessed as fit for your current role, the temporary restriction regarding gripping was extended. There were no restrictions in place for your back

    On 9.10.23 you had been off work due to neck and arm pain. Your symptoms had eased, and you were carrying out your normal process. You were awaiting a scan. There were no restrictions regarding your back or gripping in place.

    17.11.23 you gave an update regarding your neck and shoulder issues. You were still awaiting a scan. You stated that you could complete your job role without concern, as such it was deemed that no OH intervention was needed.

    12.2.24 your main concern was diabetes, although you did mention your neck and back pain, which fluctuates, and your elbow. However, you stated that you could complete your current role without it aggravating your symptoms and that you only occasionally needed to take painkillers. You stated that there were no work-related concerns and that you could not identify any further adjustments that would be needed. There were no restrictions in place for your back or elbow and your work was not aggravating your symptoms.

    29.2.24 your main concern was a gastric issue. You did mention your back and knees, which caused you problems ascending stairs, you asked for a car park pass. There are no restrictions in place for your back or elbows

    As explained in my letter of 6.7.23 the defendant is expected to argue that the role did not breach any occupational health restrictions that were in force and that as soon as they were notified that you had developed further symptoms, they acted reasonably, including referring you to the occupational health department and heeded their advice.

    From consideration of the records that you have sent in it does appear that they have not breached any OH restriction at any time and that they acted reasonably each time you reported anything and put in place suitable restrictions.

    I am awaiting the full records from the defendant and I will review the matter again then, however, at present the documents provided indicate to me that there may not be any reasonable prospects of success.



    Tags: None

  • #2
    Is this entirely separate from your problems with covid absence?

    Comment


    • #3
      Manxman I believe it is separate as it seems to be an ongoing health issue since 2016.

      Scrumpy11 the one thing you do not tell us is what type of claim are you making against your employer, my guess is personal injury but I may not be correct.

      Also I think you have may have meant 22 February 2024 in the below quoted sentence,

      "I managed to contact Occupational health and an appointment was made on the 22st February 2023, some four months after my initial referral." (5th paragraph).
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      You are braver than you believe, smarter than you think and stronger than you seem.



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      Comment


      • #4
        Originally posted by Manxman View Post
        Is this entirely separate from your problems with covid absence?
        Yes it is separate from my covid absence which I will never see an appeal. My company will let it time out.

        Comment


        • #5
          Originally posted by ULA View Post
          Manxman I believe it is separate as it seems to be an ongoing health issue since 2016.

          Scrumpy11 the one thing you do not tell us is what type of claim are you making against your employer, my guess is personal injury but I may not be correct.

          Also I think you have may have meant 22 February 2024 in the below quoted sentence,

          "I managed to contact Occupational health and an appointment was made on the 22st February 2023, some four months after my initial referral." (5th paragraph).
          Afternoon Ula,


          I have made a personal injury claim against me employer, the solicitor initially stated that is in two parts, an aggravation of my back and tennis elbow due to moving to the a new role in April 22 then moving to large panels in the summer of 22.

          I stared to feel pains in my back at the end of 2022, tennis elbow was in November 2022. I was referred to OH in October 2022. However, I was not seen until 28th January 2023 due to several missed appointments, my manager had given OH my old phone number, so they could not reach me.

          My solicitor is currently awaiting for my OH records, so I sent him what I had.
          On the 09 January 24, my solicitor started, "The defendant has started but not yet completed their investigations into your claim"

          In November 2022 I stated I was in pain, I was called a "Pussyhole" by my group leader. I asked for cover and he said there was no cover, Reason there was no cover was the fact he was using our Abbs Cover to do his paperwork. I raised Grievance against the group leader for bullying and forging signatures on heath and safety documents (which is gross misconduct). my grievance was buried. Further to this a Group Leader from a separate shift had raised the same grievance, this went as far as mediation, no action take,.

          Comment


          • #6
            Thank you Scrumpy11 for confirming this is a personal injury claim. Although this is against your employer it is not actually an employment law claim so is outside my area of expertise.

            You are being represented by your union solicitor and clearly they are waiting for further documents befire making a final decision on the prospects of your success. Currently, based on what they have seen, they do not feel there is a reasonable prospect of success.

            What are your specific questions for this forum given the legal advice you have been given?
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Originally posted by ULA View Post
              Thank you Scrumpy11 for confirming this is a personal injury claim. Although this is against your employer it is not actually an employment law claim so is outside my area of expertise.

              You are being represented by your union solicitor and clearly they are waiting for further documents before making a final decision on the prospects of your success. Currently, based on what they have seen, they do not feel there is a reasonable prospect of success.

              What are your specific questions for this forum given the legal advice you have been given?
              I do not have confidence with anything to do with the Unions... This extends to the legal team. Why have I used them, simple answer is it was free. I have been made aware of a colleague who the same legal team have hung him out to dry after he had hard evidence pertaining to a senior manager. The legal representative went on annual leave the day of the tribunal. Back to my case...

              My back gave way in 2016 due to my job being over loaded. I collapsed on a stillage, then projectile vomited (sorry). My company sent me to the local hospital where my back was scanned. I have disc infusions, disc bulges, slight stenoses and osteoporosis of my spine. I was placed on restrictions, one pf which be the opportunity to sit when either required or when the track stops. My restrictions disappeared in 2019, when my company outsourced OH, documents were not transferred over due to the GDPR. In January 2020 my back locked up. my DR signed me off work for two weeks, then a further two weeks after this. OH classed me fit for work 16 days into my tome off, going against my DR's advice. After a load of threats of being sacked due to a dispute of my Return to work, I emailed HR who advised managers and the Union that they were in the wrong and I needed another referral to OH. OH stated I was not yet in control of my pain. So how could they class me fit for work. I guess I am out of time, or am I? Restrictions were put back in place in 2020.

              IN October 2022, I started to feel pains in my back and Arms. a referral to occupational Heath was raised. However, my manager used an old phone number, so there were four missed appointments. I eventually managed to contact OH and give them the correct details. Strange thing was, they had my correct number on file, but they went off the number which was on the referral. My first appointment with OH was I was on the 20th February 2022. almost 5 months after me raising my concerns.

              My solicitor, as you can see has stated that there is no case to be answered. Management and the Union had full knowledge of my injuries, but systematically placed me on zones which would cause me further problems.

              Do I have a case? or is the union solicitor correct? I have attached a complaint I made to HR in 2020 due to me being bullied. This complaint went nowhere. I was informed to speak to my manager.
              Attached Files

              Comment


              • #8
                As I have stated this is a personal injury claim not an employment law matter, therefore I cannot advise you.

                If you are unhappy with the job that your union solicitor is doing for you or you want a second opinion on whether your case does have any potential of success if pursued, then there are plenty of no win/ no fee personal injury lawyers who may be prepared to review your case.
                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You canít always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Comment


                • #9
                  Thank you all for your help and guidance.


                  Kind regards

                  Stevieb

                  Comment

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