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Hello Everyone,
I hope you are all well. Thank you for welcoming me to the family. I need some urgent advice on a very time sensitive matter and was wondering if you could shed some light on it or maybe point me in the right direction. Its related to Employment Law I think but I'm sure you are better informed than myself.
I currently work for a big company through an agency. It's a warehouse job so a physical job. Its a job that requires constant movement up and down and I am quite tall.
In my first week, I pulled something in my lower back due to grabbing an item from a low position. I informed my managers straight away to which they stated "take it easy". Its a target based job so I was worried about not hitting my targets and being put through a vigirous disciplinary process.
I spoke to my department manager who works for the company and not the agency. I asked for an occupational health specalist to see me as I was in pain and they said "as I work for an agency and not them, that I am not entitled to occupational health". I found this quite hard to believe as everyone in the warehouse is entitled to occupational health right? Is everyone's health within the warehouse not equally as important?
The agency workers regulations 2010 states that
"Subject to regulation 7, an agency worker (A) shall be entitled to the same basic working and employment conditions as A would be entitled to for doing the same job had A been recruited by the hirer"
Does this not mean I am entitled as an agency employee to occupational health assessments like the company staff? This is really important for me because they are only refusing the occupational health because they know they will have to accommodate me which they dont want. They want me sacked and have worked closely with my agency to do this. I am currently on a stage 2 formal warning with 1 more to go because I am not hitting targets; the only reason being due to my bad lower back which they have done nothing about. Is it ok for them to keep me in a department after receiving a doctors note for amended duties? Keeping me there is going to result in further damage to my back and they have not tried to accommodate me in any way. Do they not have a legal duty of care to me as their employee?
Afterwards I spoke to my agency and they informed me to "bring a doctors note and you shall be moved department immediately".
Upon bringing them my doctors note on the 23rd July 2018 up until now, they still havent moved me and are still refusing a occuoational health specalist to see me. The senior operations manager for the company has a problem with me and has gone out of his way to prevent me from changing departments.
He even sent me to be trained in another department that requires more bending for longer periods of time with no regards to the further damage it would bring my back. This was after he received a copy of my doctors note which shows he intentionally sent me to a department he fully knew would further harm my health.
I have a meeting very soon with my agency and I am heading towards finding an employment law solicitor. I have been treated very un-professionally and unethicaly by both the company and the agency and have many faults on them. I believe in this upcoming meeting, they intend to let me go.
I need urgent advice from specalists in this field and I have no doubt that I will receive fantastic advice on how to approach this matter. If anyone could post some advice as soon as they are able that would be great as this is quite a time sensitive matter.
I apologise for this very long message and I hope to hear back from some of you soon. I just dont know how to approach this. I dont want any lawsuits, all I want is to be moved to a department whereby I dont constantly bend preventing further back damage. Somewhere I will hit my targets and I have informed them of this and they dont care. However, If it has to go to court then I am willing to go.
Please advice me on the best course of action and if you know any laws or policies and procedures that protect me here, please do mention them. I think I need to bring them something professional like a statement or something so they take me seriously. I look forward to hearing back from you all of you.
Kind regards
John
I hope you are all well. Thank you for welcoming me to the family. I need some urgent advice on a very time sensitive matter and was wondering if you could shed some light on it or maybe point me in the right direction. Its related to Employment Law I think but I'm sure you are better informed than myself.
I currently work for a big company through an agency. It's a warehouse job so a physical job. Its a job that requires constant movement up and down and I am quite tall.
In my first week, I pulled something in my lower back due to grabbing an item from a low position. I informed my managers straight away to which they stated "take it easy". Its a target based job so I was worried about not hitting my targets and being put through a vigirous disciplinary process.
I spoke to my department manager who works for the company and not the agency. I asked for an occupational health specalist to see me as I was in pain and they said "as I work for an agency and not them, that I am not entitled to occupational health". I found this quite hard to believe as everyone in the warehouse is entitled to occupational health right? Is everyone's health within the warehouse not equally as important?
The agency workers regulations 2010 states that
"Subject to regulation 7, an agency worker (A) shall be entitled to the same basic working and employment conditions as A would be entitled to for doing the same job had A been recruited by the hirer"
Does this not mean I am entitled as an agency employee to occupational health assessments like the company staff? This is really important for me because they are only refusing the occupational health because they know they will have to accommodate me which they dont want. They want me sacked and have worked closely with my agency to do this. I am currently on a stage 2 formal warning with 1 more to go because I am not hitting targets; the only reason being due to my bad lower back which they have done nothing about. Is it ok for them to keep me in a department after receiving a doctors note for amended duties? Keeping me there is going to result in further damage to my back and they have not tried to accommodate me in any way. Do they not have a legal duty of care to me as their employee?
Afterwards I spoke to my agency and they informed me to "bring a doctors note and you shall be moved department immediately".
Upon bringing them my doctors note on the 23rd July 2018 up until now, they still havent moved me and are still refusing a occuoational health specalist to see me. The senior operations manager for the company has a problem with me and has gone out of his way to prevent me from changing departments.
He even sent me to be trained in another department that requires more bending for longer periods of time with no regards to the further damage it would bring my back. This was after he received a copy of my doctors note which shows he intentionally sent me to a department he fully knew would further harm my health.
I have a meeting very soon with my agency and I am heading towards finding an employment law solicitor. I have been treated very un-professionally and unethicaly by both the company and the agency and have many faults on them. I believe in this upcoming meeting, they intend to let me go.
I need urgent advice from specalists in this field and I have no doubt that I will receive fantastic advice on how to approach this matter. If anyone could post some advice as soon as they are able that would be great as this is quite a time sensitive matter.
I apologise for this very long message and I hope to hear back from some of you soon. I just dont know how to approach this. I dont want any lawsuits, all I want is to be moved to a department whereby I dont constantly bend preventing further back damage. Somewhere I will hit my targets and I have informed them of this and they dont care. However, If it has to go to court then I am willing to go.
Please advice me on the best course of action and if you know any laws or policies and procedures that protect me here, please do mention them. I think I need to bring them something professional like a statement or something so they take me seriously. I look forward to hearing back from you all of you.
Kind regards
John
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