Do they HAVE to give light duties?

[CuriousGeorge]

Just wondering,
I have a severe long term illness regarding my legs and have had the past 2 weeks off work as a result of working myself too hard-or being worked, too hard.

In the past I have asked to do my minimum hours because I have been working too hard, and they put us in a situation where if I leave at the assigned time, I'll be leaving staff members by themselves. Hence instead of doing 18 hours, I've been doing in the range of 25-42 hours, people being on the sick...

Anyway, I agreed to go back to work in agreement that I would be put on light duties, however knowing their track record, I doubt it'll work that way.

Is there anything I can do to back this up, or do I just have to shut up and put up? Can I be fired if I stand my ground?

Thanks
Georgie

[boxtops]

You need to get it in writing from your employers as to exactly what these light duties are, so that you can hold them to it - verbal is not enough, don't return to work until you have received that in writing.

Employers should take notice of anyone returning to work, and ease them in gradually, or - IF they have light duties to offer - they can offer light duties. As I understand, there is no obligation on an employer to CREATE light duties for anyone if those tasks are not already there - the option then would be for the affected employee to take ill health retirement or similar, if they are not fit to do the full job as described.

I don't want to sound harsh but if you leave at the assigned time and that leaves staff members by themselves, that is not your problem, that is a problem for the company. You MUST stick to the agreed hours - your working all those extra hours isn't helping your case, and it could be argued that you don't need the light duties/minimum hours because you're still working the long hours. It's you that you have to be thinking about in this situation - what's best for you, not your colleagues - it's hard, but you have to consider your long-term health.

[buildersmate]

A very good answer to this, IMHO.
The only thing I'd add is that if the employer won't put it in writing (I agree it is their responsibility), you could put it in writing to the employer yourself - then see how they respond. That way you are seen to be bending over backwards to try and be cooperative and trying to get back to work.
Bear in mind that if you are perceived to be refusing to do light duties it is possible that the employer may go down the road of dismissing you on grounds of capability.

[CuriousGeorge]

Thank you very much for your answers, they've helped and I'm going to put it all in writing and make sure it goes on file.

Worked last night, I was supposed to be finishing at 9 and the manager on duty tried to make me stay extra and lift continuous crates of beer. Of all the things I could have been doing haha. I don't know if the message got across to her but I'll be making sure it does now.

Thank you very much for your help
Georgie

[rosycider]

Hi Georgie
The employer should make reasonable adjustments as you have a disability. You could get support from your GP or occupational health dept if there is one http://www.direct.gov...mentRights/DG_4001071

[buildersmate]

"The employer should make reasonable adjustments as you have a disability"

The OP didn't say he/she had a disability - what was said was that the OP had a long-term illness. As far as I know know this is not the same thing.
Having a disability means that one is registered as disability.

[factor-fiction]

Buildersmate knows much more than I do on these things, but I have a recollection from somewhere that it's not always necessary for a disability to be registered. Maybe I wrongly assumed that because I have known employers ask "do you consider yourself as having a disability?" rather than asking "are you registered as having a disability?"

[daffy654]

There isn't really any such thing as disability registration any longer. You used to have to register with your local council but I don't know of any councils that still do this.

[rowanwitch]

Basically a disability is as defined by the individual... my ongoing health issue Depression I class as a disability as it would enable me to access services to enable me to stay at work... e.g when things are really bad.. in theory i could have taxis to and from work for a while if travelling on public transport could be shown to make things worse.

An employer would also get help in making any modifications required in the work place... Contact your local disability Employment adviser for advice they are normally based within Job centre plus offices

[buildersmate]

OK, I bow to others greater knowledge (especially Rowanwitch) about registration, though I maintain the line that there is no legal obligation over this on the part of the employer. As always, the test is one 'reasonableness' by the employer; if push comes to shove and the employer decides to dismiss on grounds of capability, it is then up to the employee to go back to an Employment Tribunal to show the decision and the process was unfair.
This is never a digital decision (can I be fired or not)

[woofgang]

Its not quite true that you can define yourself as disabled.. and it is true that employers don't have to manufacture light duties. BUT as has been said, you aren't helping your case at all if you do things that you know will make you worse or work beyond your agreed hours.

[LoftyLottie]

Rowan is right. I didn't have to register to get help. My arthritic problems meant I needed specialist seating at work. The employment disability officer at the local job centre is the right person to contact.

[LoftyLottie]

"I didn't have to register as disabled"

[cathfromsaron]

is there a job role you could do well with this employer, if it were arranged a certain way or for a limited number of hours? the disability discrimination act is very clear that they must give reasonable consideration to your needs and make adaptations where possible!

[buildersmate]

Yes, but the test of 'reasonableness' is the key thing. What the employee thinks is reasonable is often different from the employer's view. The DDA provisions may provide guidance, but the legal test is back to Employment Tribunal.

[rosycider]

Reasonableness is not the same as reasonable adjustments which are outlined in the equality act 2010 which incorporates all previous DDA legislation. I believe reasonableness is in relation to contract and consumers not employment law. I accept curious george did not say he had a disability but he states he has a severe long term illness affecting his legs. I would have thought he would have had medical treatment at some point hence why I suggested he contact his GP or as others have suggested local employment advisor.

[RATTER15]

http://www.acas.org.u...x.aspx?articleid=1361

Give these guys a ring.