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Back Pain and Employers Duty of Care

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  • Back Pain and Employers Duty of Care

    Hi, I have worked in a large car plant in Swindon for the last 2-years on the production line.
    I have recently had 3-months off work due to severe back pain. I was able to see a consultant
    using the company's group health insurance. The first thing he said to me was "What's someone your
    age doing working on the production line? I know they work you hard at #@=+£". That made me feel
    really good!
    After a lot of physio I was put on a phased return to work and as soon as they declared me fit, I was sent
    back to my old job. My back has never been the same. A few weeks ago I was posted to another part of
    the factory and trained to do a new job. This job is probably worse than the old one and my back is getting
    more painful by the day. I told my new supervisor that I had a back problem and he said that there probably
    wasn't a job in the whole department that wouldn't impact on a bad back.

    While I was off sick during the 3-months, I was told by the occupational health people that they used to give
    people like me office jobs, but "They don't do that anymore". Quite frankly I would love an office job and have
    plenty of skills and experience that would make me an asset. There are hundreds of people working in offices
    all over the plant.

    At the moment I am seriously thinking about leaving the company on health grounds.

    I was wondering if the company has any legal or statutory obligations to find an employee alternative work if
    they are prevented from doing their regular job on the grounds of ill-health. I'd like to stay with the company
    but not if it means I will retire a cripple.

    While I was having my physio sessions (at the factory), I met a guy who has been off work for 2-years. He's more
    than happy to go back and work in an office, but the compay says they will only take him back when he's fit enough
    to do his old job on the production line, and that could be some time.

    Thanking you in anticipation.
    Tags: None

  • #2
    Re: Back Pain and Employers Duty of Care

    Has the Occupational Health given you a report that they consider your condition is a disability under the Equalities Act?? The qualifying discriptors are:

    If you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

    Have you had the condition more than 12 months??

    Comment


    • #3
      Re: Back Pain and Employers Duty of Care

      Hi ironman,

      No, occupational health have not given me anything. The problem with my back came on in November last year.
      The general attitude at my place of work is that having a bad back is an occupational hazard - just get on with it.

      Comment


      • #4
        Re: Back Pain and Employers Duty of Care

        http://www.legislation.gov.uk/uksi/1...ulation/3/made

        Comment


        • #5
          Re: Back Pain and Employers Duty of Care

          Thanks ironman

          Comment

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