Employer taikng Disciplinary action and I have fitnote

[Cowley]

Can anyone give me any advice?

Ive been with my firm 3 and a half years, im permanent staff.

I recently came back from 8 days sick leave and 2 weeks holiday.

I self certed the first 7 days and produced a Doctors fit note on day 7. I have came back to work and they are trying to give me a warning because of the 7 self cert days. Too many days off apparently.

My attendance is ok normally, I had one day off in January 2015 and 1 day in the whole of 2014 and now 8 days in a row which I am receiving a warning for. I followed procedure, rang the first, 2nd day tellling them I would be off until a Doctors appointment on the 4th, then the 4th day I rang again saying i would be off till another doctors appointment on day 7, where i handed in a 1 week Doctors note, which I didnt need because my holidays started for 2 weeks. During this time my employer rang almost everyday, left multiple voicemail's, asked me to attend work for a meeting, not a medical but more like face to face with my overbearing supervisor who wanted me to do jumping jacks in front of him to prove I was actually ill and argue for an hour or 2.

On this factor and my illness, couch ridden and could not drive, I told them could not attend. But that was not good enough and without warning a HR rep and my supervisor were bashing on my door, walking around the outside of my house and looking into my letter box. A neighbour informed me because i was being looked after by my mother at her house, which they were informed about before they turned up at mine.

The cause of this sickness was through acute back and hip pain, muscles just imploded which was brought on by the job I was doing for 2 years. I reported many times this problem and was fobbed off many times.

The job is basically lifting large awkward 25-30kg bit of metal by hand, on uneven ground, bending with it, twisting, turning, lifting up and awkwardly carrying anything from 2 to 10 metres., 44 times an hour for 8 hours, then I was timed with a stop watch and then told 46 an hour. The job never required lifting before as I had a mechanical hoist but they figured it was faster to lift by hand than use the hoist supplied and the mandatory hourly score went up to fit this short cut they found and i would have to match this score otherwise I would receive performance warnings which would come thick and fast.

After a few months I told them I wasn't comfortable doing this for 8 hours, and was told I must lift that part and meet the scores. I looked into health and safety at work for lifting and found that I had every right to state I was not comfortable lifting it in repetition and I told them this but was made out to be a trouble maker and told that it was all within health and safety but refused to give me an exact weight on the part, but I assume its 25-30kg.

Since January I started feeling back and hip pain, weak around the lower back area and I was effected in my home life, didn't feel as fit or fast, movements were restricted and couldn't run at all because of pressure on my lower back. I kept telling them I was getting a bad back but it fell on deaf ears. A workmate put in a job discomfort form which was ignored, then i put in a discomfort form and managed to get in and see the company nurse, explained the problem and she agreed, not long after that my back went, not at work but at home but was all related to the job I do.

Now they want to give me a disciplinary for their abuse of health and safety and me not being capable of taking that abuse.

What rights do I have here? Im not in a union and the company grievance policy is useless, basically HR do what management tell them and their grievance appeals are a waste of time.

I'd love to take them up for full pay they owe me during this period of sickness they caused and compensation to boot after this kick in the teeth.

At least now ive come back they have changed the job around and now its hoist only but I feel that they are punishing me because they will lose money on the extra parts they will not be getting each hour, because of me and my back and I fear because of this loss of revenue they will probably do anything to make me unemployed.

[teaboy2]

Re: Employer taikng Disciplinary action and I have fitnote

Personally put a claim in against them for your injury.

Whilst you said you have no faith in their grievance procedure, you will have to act reasonable and follow the grievance procedure before taking any further action.

Your grievance should be in regards to them taking taking disciplinary action against you for self certifying for first 7 days of you recent period of absence, pointing out to them that those 7 days are 1 period of absence, not 7 different periods of absence. Also point out to them that as your symptoms were physical and were the result of repetitive strain from constantly having to lift, 25-30kg sheets and instructed to do so without the hoist that was available due to it being quicker to lift more manually, as a result the employer is in breach of their contractual duty of care, to ensure all preventative measures are in place, such as instructions to use the lift (irrespective of it taking longer) to reduce/avoid the risks of injury caused to employees from repetitive lifting. But not only that as the symptoms were physical then your protected under the equality act 2010 as you were temporary disabled as a result of your repetitive strain injuries to your lower back, thighs and your hips from the repetitive lifting you were instructed to do. Therefore the employer has no legal grounds to bring disciplinary action against you, and doing so amounts to a breach of the equality act 2010 and would therefore amount to disability discrimination.

Therefore if the employer does not change their conduct towards you, you will seek legal recourse for compensation for your injuries (which would likely be thousands of pounds) but not only that, you will also seek tribunal action for disability discrimination as well as the employers breach of the contract duty of care which is an implied contract term in all employment contracts. Also recommend that the employer seeks legal advice before continuing with any form of action against you!

See how that effects their attitude towards you! If they do go down the path of disciplinary, then you need to make a claim at tribunal as well as make a claim for your injuries sustained at work. In the mean time, contact HSE and report to them what you have stated here as am certain they will be very interested in knowing about it, considering it caused you such injuries! Don't worry as your reporting this to HSE, is deemed a protective disclosure, which means if the employer takes any action against you as a result you can sue them for that too!

[Cowley]

Re: Employer taikng Disciplinary action and I have fitnote

Thanks for the advice.

They took me in for my disciplinary today and gave me a verbal warning, yes for the 7 days self cert. They said it was policy, i accrued too many days off. Even after I said that was all one instance, they didn't care what I said really, it was a done deal.

I also brought up that the absence was caused by the job I was doing and their answer was "you reported that this happened at home so it happened at home".

Yes the breakdown happened at home but was built up by the lifting at work, which I complained about many times and mentioned it was giving me a bad back. I and another worker put in a discomfort form about the job and complaints from the other worker who has left now.

It just falls on deaf ears and the subject got changed over and over again through the disciplinary hearing, which consisted of my supervisor talking at me and not letting me talk and state my case making out I was being insubordinate when I was questioning his points or pushing my point which he would not answer, for example I asked him for the exact weight of the part I had to lift and he refused to answer, I asked him around 6 times in a row deflected by "i do not have it" and ive asked him before. He will not give me an answer.

They refuse to acknowledge injuries caused by the job but when pushed admitted that yes the part is a 2 man lift. And have even changed the job around so it is hoist only and no lifting pretty much confirming im right in the eyes of health and safety law and they know this but not admitting im right but punishing me for it with a warning for my absence and being unruly and disobedient.

I don't expect much good news out of the grievance because the manager is pretty much all for the company and im in the wrong for daring to speak up.

I cant see I will get much for a claim or wouldnt know where to go. Ive had discomfort in the areas since around january. which has slightly worsened through the months restricting some movement like sitting up in bed fast, which hurts my lower back and running seems to be restricted because of pressure on my lower spine with the impacts.

And about 7 days pretty much in pain and couch ridden and another few after that recovery, now I feel good after the rest but still weak in the hip and lower back areas.

[teaboy2]

Re: Employer taikng Disciplinary action and I have fitnote

Thanks for the advice.

They took me in for my disciplinary today and gave me a verbal warning, yes for the 7 days self cert. They said it was policy, i accrued too many days off. Even after I said that was all one instance, they didn't care what I said really, it was a done deal.

I also brought up that the absence was caused by the job I was doing and their answer was "you reported that this happened at home so it happened at home".

Yes the breakdown happened at home but was built up by the lifting at work, which I complained about many times and mentioned it was giving me a bad back. I and another worker put in a discomfort form about the job and complaints from the other worker who has left now.

It just falls on deaf ears and the subject got changed over and over again through the disciplinary hearing, which consisted of my supervisor talking at me and not letting me talk and state my case making out I was being insubordinate when I was questioning his points or pushing my point which he would not answer, for example I asked him for the exact weight of the part I had to lift and he refused to answer, I asked him around 6 times in a row deflected by "i do not have it" and ive asked him before. He will not give me an answer.

They refuse to acknowledge injuries caused by the job but when pushed admitted that yes the part is a 2 man lift. And have even changed the job around so it is hoist only and no lifting pretty much confirming im right in the eyes of health and safety law and they know this but not admitting im right but punishing me for it with a warning for my absence and being unruly and disobedient.

I don't expect much good news out of the grievance because the manager is pretty much all for the company and im in the wrong for daring to speak up.

I cant see I will get much for a claim or wouldnt know where to go. Ive had discomfort in the areas since around january. which has slightly worsened through the months restricting some movement like sitting up in bed fast, which hurts my lower back and running seems to be restricted because of pressure on my lower spine with the impacts.

And about 7 days pretty much in pain and couch ridden and another few after that recovery, now I feel good after the rest but still weak in the hip and lower back areas.

The issue you now have is the damaged you have to your back and hips etc, is never going to completely heal, the muscles will be weakened and more prone to inflammation, tearing etc. That's what happens from repetitive strain injuries occur, when they heal its simply scar tissue. Plus theirs risk of nerve damage and damage to the disks and bones in your lower back, those never heal properly (not to mention damage to your hip joints) and there's increased chance of slip disc or damaged vertebrate. Its irrelevant that your your back finally gave way at home, as what is important is the course of what made your back, joints, thighs weak enough to give way in the first place, and your doctor can collaborate that it was due to the repetitive lifting at work.

You need to contact a no win no fee injury claim lawyer, there's plenty about, and they will do the legal work for you regarding a claim - Alternatively you may be covered by your home insurance for free legal representation for the injury claim and employment claim. But you also need to report this to HSE.

If they have breached their own procedures regarding number of instances of absence and given you a verbal then they are in breach of contract. That the way they have handled your concerns for health and safety and the fact you suffered serious repetitive strain injury would in my opinion give you grounds to resign and claim constructive dismissal for breach of contract and breach of duty of care leading to an irreversible breach of the implied term of mutual trust i.e. you trusted them with your health and safety and to act within accordance of their own policies and procedures.

Forget the grievance and go for the juggler then if that's the sort of man he is. End of the day the law is on your side, and if you don't do something someone else is going to suffer at this mans hands too, as he clearly has no concern for safety and welfare of his employees! You can get a substantial amount of compensation out of this on both the injury claim and the employment claim (back injuries can be tens of thousands of pounds)!

If its a two man lift then its likely to weight a lot more than 30kg you'll be looking at 40-80kg