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Abscence and companys failure to follow procedures

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  • Abscence and companys failure to follow procedures

    Hi all sorry this is long winded its a bit complicated so here goes.

    The day after my first sick note started i was asked to go and see the occupational health to discuss my problem and see what she recommended, which was exactly the same as my doctor had said, it could be between 6-8weeks before i was ready to return to work and then I would need light duties upon my return. Following this I have had a phone call from my manager every week to see how i was doing and when i would be able to return to work which is company procedure.
    I was then asked to attened a review of my sickness and what the occ health had advised with the HR manager and my manager present during this meeting I felt pressured into agreeing to return to work just after the 21st of this month on light duties. then last week I recieved a phone call from my HR manager to see if the 21st was still a viable return to work date I notified her that my back was still causing me some problems but I was willing to try and return. I then recieved a phone call from my department manager on the 20th to see if I was still returning to work this week again I explained my back was causing me problems and I was concerned that I could do more damage by returning too early my manager seemed to dismiss these concerns and then made me feel as if I had to return this week by giving a blunt YES or NO answerso I agreed to return on the understanding I would be returning to light duties.

    After returning to work yesterday I found that I had been assigned to working areas such as Butters, Juice and cheese and although I was reluctant to do this i felt I had no choice as I would get in trouble for not doing my job needless to say after trying to work through juice my back began to ache and is now causing me considerable pain. During my shift my manager pulled me to one side and tried to give me a return to work interview. She explained that it was a red return to work as my abscence was higher that 3% over the past 26 weeks and then told me the company procedure reagrding abscence first time is an informal chat the second is councelling and then the third is an investigation that could lead to an investigation i agreed this was the procedure and then she asked how i was doing i explained that my back had started to hurt again due to the fact that I had not been put on light duties she then asked what I suggested she do about the situation as there are no real 'light duties' in retail and i had rejected other options she had proposed for example going on checkouts as I might have to lift things like a tv and I would be sitting or standing for 3-4hrs at a time which causes me pain or going onto reductions which would require me to kneel and bend throughtout my shift again causing me pain. I was accused of shifting the goal posts for my return to work and I was asking her to come up with the perfect solution and she suggested that I take more time off work to fully recover which is what i agreed to do and will be making an appointment with my doctor today.

    it feels as if I have been bullied and harassed into returning to work a week before it was recommended I should and then feeling as if I had to work heavy duties or I would be in trouble for not doing my job which resulted in my injury relapsing.
    Also having an investigation into my abscence and a threat of an investigation which could lead to disciplinary action and with regards to this I dont recall having a return to work or counselling for any of my previous abscences so would she be able to go straight to this stage of the abscence/disciplinary procedure?

    Please what are people opinion of the situation as I am feeling under alot of pressure at the minute and dont know what to do?? again apologies for the long winded story any help is appreciated
    Tags: None

  • #2
    Re: Abscence and companys failure to follow procedures

    Both your employers and the managers involved could be in breach of health and safety at work legislation. Do you know if a risk assessment was carried out before you returned to work? This is a legal requirement.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Abscence and companys failure to follow procedures

      thanks fpr the reply bluebottle a risk assessment hasnt been done to my knowledge

      Comment


      • #4
        Re: Abscence and companys failure to follow procedures

        was your injury work related and how long have you been employed for

        Comment


        • #5
          Re: Abscence and companys failure to follow procedures

          The failure to conduct a risk assessment is an offence under health and safety at work legislation (Reg. 3, Management of Health & Safety at Work Regs 1999).

          I get the distinct impression that your employer sees the OH assessment as an inconvenience to be overlooked or ignored. OH assessments are part of an employer's compliance with health and safety at work legislation and are, in many cases, a requirement of their Employer's Liability Insurance, which is mandatory. Failure to conduct an OH assessment will, in many cases, invalidate an employer's Certificate of Employer's Liability Insurance. Any employer operating without a valid Employer's Liability Insurance policy and certificate being in force is committing a criminal offence. Ignoring an OH assessment can, depending on the insurer, void a Certificate of Employer's Liability Insurance, putting the employer in breach of the law that way, but it can also put the employer in breach of health and safety legislation.

          Your employer is totally reckless or very sure they can get away with not complying with the law. Either way, they should not be undermining your health and safety in pursuit of commercial concerns and priorities.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Abscence and companys failure to follow procedures

            Miliitant - the accident was sports related and I have been employed for just over 5yrs
            Bluebottle - thanks for the info and the help

            Thanks to both of you for replying

            Comment

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