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Can my work sack me over this? |
i've been off with a frozen shoulder for 4 weeks now. Although the pain is away, the doctor has said my job wil aggrevate it as i do heavy lifting alot. i asked my work twice to move me to another department which they wont. Now today, i have a meeting in work with the occupational health nurse. Should i get another sick line from the doc or go to work and grin and bear the pain? If your seeing occupational health, talk to them about what your job entails how it would effect you etc. Well it really depends if your part time worker they can fire whenever. but if your full time 38 hours+, I dont think they can fire you just because of injury. Report It They are obliged to move you to a less taxing job, if not then I think they have to pay you off. Not sure about the last bit but dont worry. they might fire you. your employee is under no obligation to move your departments. they should give you time off and if the sack you ur liable to sue get another week off and start looking for a job that won't require heavy lifting...you being in one peice is more important.... Personally I would continue to be signed off work as you are unable to do your job at present as your condition has not fully recovered. Whilst you are certified unfit I would look at getting another job. You should take whatever position they offer you that won't strain your shoulder. They don't have to move you to another job but they can't sack you for being off with a doctors note. They can offer you a settlement to leave depending how much it is it may be worth taking it and getting a less physically demanding job. It depends on how long you have worked for them! Citizens Advice will be able to help you, but I dont think they are obliged to move you to a different department, you are covered by a sick note so that should be in your favour. get a sick note your health is more important than any job ... no i think not. The only way that your employer can give you the sack while you are on the sick is if they dismiss you an "Capability Grounds", which basically means you are not capable of doing the job you are employed to do, any other reason and you can take them to a tribunal. About being moved to another department check your contract of employment and see a union representative, that's if you are a member of a union, if you are then get them to fight for you. But you could make your shoulder worse if you go back to work if it is not right. sounds like you work for the same company as I work for. Last year I had two short spells in hospital. Took time off to get myself right. When I returned to work I was given a written warning for my time keeping before my illness I had 2 years at 100 per cent attendance. No, they can't fire you if your Dr has diagnosed you,has documentation of your shoulder problems.BTW: ALWAYS get copy any and all things involved in your injury,if you don't have originals of the like. Better to be safe then sorry.Someone might "lose" info on you,so you have to have papers to back everything up. don't go into work if your not able to do the job, even if you think oh well it's not that bad this could come back to haunt you when your older... no job is worth health problems. The sensible thing to do would be find a job for which you are mnore suited. Your employer has a duty to provide a safe enviroment. If the enviroment you work in is harmful then your employer should look at alternatives for you. However if you are under contract and you are unable to do the work you are contracted to then they may insist you remain off sick until they are satisfied it is safe for your return. You've had some good advice here but it is a bit confusing so go to your local Citizen's Advice Bureau where they will go through all the options and your rights at work. You may have to wait to see someone but if you are off sick you will have more time. Don't go back to work until you are fully aware of your rights. |
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