illness at work

[sammyseal]

Hi,

Im actually writing this on behalf of my wife.

A bit of history:

wife has had labyrinthitis since 2004 but has self managed it during this time. Had not affected her job in any way and had never had any time off work.

Sept 2013 - condition got worse and was off work for 4 months but went back to work on the 5th month (Despite getting full pay for the 6 months on sickness) as the waiting list to see a specialist doctor was 6 months. Loves her job and hates being off work !

She has never been of work since.

June 2014:
She is now under a consultant with a new diagnosis of migraine disease and she is going through therapy and medication which has helped lots. The consultant also advised her not to do night shift work as this could aggravate the condition.

Reason for it being night shift is due to coming off one night onto another night and it messes with the body clock etc..

Consultant has advised her that the treatment and therapy could take over a year to work.

So with a letter from the consultant to the employers occupational health she has been taken off night shift.

She also has monthly meetings with occupational health and bosses with her union rep present to monitor progress..

In November 2014 she was asked by bosses to trial night shift work and she did although the day after she felt as though she was back at stage one and made bosses aware of this .
She was back to normal within a few days.

She has now had a meeting with her bosses and occupational health stating that she now has to undertake nightshift duties as per her employment contract, and stated that if she is unable to do so then she will be re-deployed. This was devastating to her as she feels as there is no support from her employer.

This has got her really down as she knows the night shift pattern will eventually put her back to the beginning.

Time will tell how its going to pan out health wise as shes on nights from Monday.

Any help would be really appreciated.

Sammy

[teaboy2]

Re: illness at work

The employer is aware that night shift work is counter productive to her wealth fare and health and under the contract of employment they have a duty of care towards her to not endanger her wealth fare or health. Remind them of what the consultants letter stated about night shift and the effect the trial night shift had on her. Advising them that they are legally liable for causing any detriment to your wife health by forcing her to do work that they have been advised by her consultant as likely to make her condition worse.

Also advise them that they simply can not re-deploy her unless it is within the same location, and they are required by law to make reasonable adjustments that allow her to carry on working in her current role, changing hours of work or shift to day time, is deemed as a reasonable adjustment. Failure to do that is unlawful and a breach of the the equality act 2010 section 20.

Also get your foot in the door first by firing a warning shot, by also advising them - That any attempt to discipline her for refusing to work night shift or to be re-deploy, which would require a variation of terms of her contract requiring her written and signed consent due to work location being a core term of her employment terms. Would not only amount to breach of contract, but also automatic unfair dismissal along with a breach of the equality act 2010.

Though i must admit they are being very vague as to what they mean as to re-deployed, therefore before sending any letter with the above advise, that your wife contacts them and ask them precisely what they meant by re-deployed. Because if its just to another department, within the same work location, to a role more suitable to your wife, then that would be fine and would be seen as a reasonable adjustment - However re-deployment to another work location would not be reasonable, unless off course it was closer to your home and meant less travel!

[sammyseal]

Re: illness at work

[MENTION=19071]teaboy2[/MENTION]

very grateful for your reply and will let her see it when she gets home from work.

The re-deployment would probably be desk duties which she does not want to happen.

She is a police officer and being stuck indoors would be a nightmare for her.

I'll let her read your comment and she can let the union rep also see it as he had said at the meeting that he would need to get more info on employment law !!!


Sammy

[teaboy2]

Re: illness at work

So long as the desk duties are at her normal place of work, and the hours they expect her to work are inline with the hours advised by her consultant, then that's perfectly reasonable, and I'd advise her against not agreeing to those duties. If she does, then they could well discipline her on capability grounds as a result which may lead to dismissal. The re-deployment would only be temporary.

Also as a police office then with her employer being a public sector body, there is even greater responsibility on them under section 149 equality act 2010, not to treat people with protected characteristics under the act less favorably etc! And yes a physical ailment is a protected characteristic even if temporary if it effects a persons ability to perform their duties in work.

[sammyseal]

Re: illness at work

excellent.
many thanks to you again

[teaboy2]

Re: illness at work

Any update as yet?

[sammyseal]

Re: illness at work

Any update as yet?

Hi,

Well she said shes just going to get on with it as it will just make matters worse for her.

The night shifts really took a lot out of her and she feels like shes back at the beginning again. tbh I don't see a happy ending in this, which is a huge shame !

If anything else changes ill update.

Thanks once more

[teaboy2]

Re: illness at work

Ok so, shes accepted the relocation then? Take it that means she doesn't work night shift either at the moment?

[krypton]

Re: illness at work

In November 2014 she was asked by bosses to trial night shift work and she did although the day after she felt as though she was back at stage one and made bosses aware of this .
She was back to normal within a few days.

She has now had a meeting with her bosses and occupational health stating that she now has to undertake nightshift duties as per her employment contract, and stated that if she is unable to do so then she will be re-deployed. This was devastating to her as she feels as there is no support from her employer.Sammy

The advice from her consultant and occupational health would have been something in the nature of a phased return to work or adaptations to her workplace as agreeable between her and the employer.

The employer has complied and removed her from night shift in order for her to recover. It is then not on the employer to permanently adapt her shift patterns. The adaptation would only apply to whilst she recovered.

I'm afraid it is common sense that if a night shift pattern no longer suit her then she will have to accept re-deployment. Alternatively she can find another job.

There is no law to force her employer to adapt her job permanently as they require a night shift person. They need a person to do that job. If she can't do it they can offer to re-deploy her, which is reasonable..