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Bastards-anyone know a good lawyer?
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By *-and-K OP Couple
over a year ago
Back of Beyond |
So, been off work for 7 months now and due to return on 7 Feb. I had to have an operation on my shoulder due to the nature of my job, repetative strain injury.
I was called in today for a return to work with HR and my manager. I can't return to my old post because I can no longer do the heavy lifting. There are no posts available in my department so it means my job is "at risk" they have 6 months to find me another post or terminate my employment.
The only thing on offer at the moment is a job in a lower payband, I stand to lose £1600 a year fulltime, but the post is only part time!
Who says the NHS looks after you!  |
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By (user no longer on site)
over a year ago
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"So, been off work for 7 months now and due to return on 7 Feb. I had to have an operation on my shoulder due to the nature of my job, repetative strain injury.
I was called in today for a return to work with HR and my manager. I can't return to my old post because I can no longer do the heavy lifting. There are no posts available in my department so it means my job is "at risk" they have 6 months to find me another post or terminate my employment.
The only thing on offer at the moment is a job in a lower payband, I stand to lose £1600 a year fulltime, but the post is only part time!
Who says the NHS looks after you! "
You do need to get some Legal advise on this, if your not capable of working in your old position it becomes a problem for them as well as they have a Business to run, so if you cannot compromise you will need an Employment Law Soliciter  |
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By *orestersCouple
over a year ago
The Forest |
Did they supply any lifting aids? Will they offer any to help you return to work? Is what you have to lift within European weight limits for a single person lift? These questions and many similar are the start of what will frighten an NHS HR team. |
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By (user no longer on site)
over a year ago
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hiya, iam a employer, from an employers responsabillity they must offer you the position of a lower band but your money should remain at the rate that you were previously on, the only way they can lower your money is if they terminate your previous contract of work and issue you a new contract at the lower rate. you can speak to the CAB. they will advise on your rights and if needed they would provide a solicitor to defend your position.
hope this helps a bit even though its not what you would like to hear .
good luck
adey
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By (user no longer on site)
over a year ago
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"Did they supply any lifting aids? Will they offer any to help you return to work? Is what you have to lift within European weight limits for a single person lift? These questions and many similar are the start of what will frighten an NHS HR team."
They should do a back to work assessment on you, if they take you back in your old position they accept that you have complications and will need to accomodate you with any assistance you need to fulfill your Role |
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By (user no longer on site)
over a year ago
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That's what happend to my best mate and he was taking his company to court just before the court date he got a phone call to say he could have his job back . |
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By *-and-K OP Couple
over a year ago
Back of Beyond |
No union, never had the need for one (until now) We are talking lifting of oxygen cylinders, which should be done by fork lift truck. But to save money over the years, muggings here has had to do it by hand, up to 8 tonnes a day.
Its ok saying they only weigh 25 kilo's each but when yo are lifting 100-200 a day it mounts up. Rang a solicitor just now and they won't touch a compensation claim because RSI is too difficult to prove. They gave me another number who specialises in employment law and will be happy to sort out losing cash and maybe job angle.
Whats bugging me is that their job got me into this situation, but they are offering no support except to say, you can't do your job, so we may termiante your employment.
If I can't do my job due to injury then give me early retirement on health grounds. But they won't do that. |
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By (user no longer on site)
over a year ago
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You shouldnt have to lose out because they cant find you suitable employment.
This happened to me while at mcvities and in the end they paid me compensation though i had to leave .
I also changed jobs while working for staffs county council, the money was different (less) yet we had a 3 yrs protection plan so i recieved the same money .
Go check with the C A B , they will have all the info and lawyers to help you .
Also check on government website. gov.co.uk
They have employment law issues on there
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By (user no longer on site)
over a year ago
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hi i know a lot about the law but mostly from a menal health point of veiw but if you want to emai all the facts i can get a collague to give his advice
mike |
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By (user no longer on site)
over a year ago
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i have just asked a solicitor friend and under european law the employer has to provide you with a return to work schedule which will define your limits and limitations. as for the injury caused at work unless you are able to provide documented evidence either from a GP or other professional body then your claim would be dismissed in a court of law. i would recommend you speak to Ciz Advise as there is no charge and the costs for solicitors is outragious and even a free 1 hour appointment they wont advise on your circumstances but just provide you with false hope and take your cash.
if you fancy chatting on phone iam happy to discuss employment laws with you.
adey
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By (user no longer on site)
over a year ago
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"No union, never had the need for one (until now) .........."
Union membership is a bit like life insurance - you don't need it till you need it 
Find your local rep and tell them your situation. They may be able to help. An organisation the size and complexity of the NHS is going ensure they're on solid legal ground before making such a proposal to you.
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a Unnion will represent you even thought you not paid up, they always look (or shoulde look at it) as being professioanl and represnting everyone, and also looks good when they win!!! ACAS is also a good bet, but from our experince it does state the same job or similar including wages. If there isnt a job there that fits this description they can make you redundant, but again it will cost and can go on for a while.
Good luck |
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"a Unnion will represent you even thought you not paid up, they always look (or shoulde look at it) as being professioanl and represnting everyone, and also looks good when they win!!! "
Actually a lot of Union Rep's will be told not to represent a non-member... because if a non-member gets the same level of support as a fully paid up member, what's the point of paying your subs every week? |
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By (user no longer on site)
over a year ago
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"a Unnion will represent you even thought you not paid up, they always look (or shoulde look at it) as being professioanl and represnting everyone, and also looks good when they win!!!
Actually a lot of Union Rep's will be told not to represent a non-member... because if a non-member gets the same level of support as a fully paid up member, what's the point of paying your subs every week?"
Yeah. The OP will have to join and possibly pay a few months backdated subs - not all brances allow this. It'll still be cheaper and probably more effective than litigation. |
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"a Unnion will represent you even thought you not paid up, they always look (or shoulde look at it) as being professioanl and represnting everyone, and also looks good when they win!!!
Actually a lot of Union Rep's will be told not to represent a non-member... because if a non-member gets the same level of support as a fully paid up member, what's the point of paying your subs every week?
Yeah. The OP will have to join and possibly pay a few months backdated subs - not all brances allow this. It'll still be cheaper and probably more effective than litigation."
Not really. There are plenty of no win no fee employment law firms around.... if you have a case that is. |
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By (user no longer on site)
over a year ago
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"............
Not really. There are plenty of no win no fee employment law firms around.... if you have a case that is."
That's the rub, isn't it. IF you have a case (or if THEY THINK you have a case). |
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By (user no longer on site)
over a year ago
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hi i've also just had to contact the union at work (also NHS). I swapped my hours a few months to go part-time whilst I study. Whilst I was off one day last week for an exam, my work was discussed with my manager by my colleagues and I was pulled into a meeting on friday. The people concerned were not in that day and I'm on annual leave this week, so it was very sneakily done.
I was devastated that the quality of my work should be disputed, but I have since found that they did a similar thing to my predecessor, a form of constructive dismissal.
i am not prepared to have my reputation in tatters and have an interview lined up for tomorrow. i've applied for 13 jobs this weekend and am hoping to resign on my return.
unfortunately, the NHS have a track record for this kind of behaviour and I have witnessed it happening to a few colleagues over the years. |
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"Thank you all for your offers and insight. I have got an appointment with the local CAB tomorrow. Lets see where we go from there."
Good luck tomorrow. First meeting is usually to work out if you qualify for the free help. Then second meeting is with employment specialist. My case had a very positive outcome and I couldn't fault them at all. My employer broke at least 3/4 employment laws. It was hard going to each and facing them but they eventually gave me paid leave until it was settled to my advantage with an agreed legally binding reference in place too. |
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By *umpkinMan
over a year ago
near the sounds of the wimborne quarter jack! |
Reguardless of your condition, under good H&S practice they should be constantly looking at ways of ensuring you will not injure yourself in the execution of your job. They should scource and provide you with a handling aid no argument. |
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By *-and-K OP Couple
over a year ago
Back of Beyond |
Well I go back next monday 7th and don't know what I am doing! Spoke to my manager today and she agreed the offer from HR was not acceptable, its not my fault I suffered the injury through lack of equipment.
My consultant on friday didn't want to get involved, basically said that the injury was severe (why I had surgery) but is well on the way to mending. There is still a lot of inflammation in the shoulder which is restricting what I do with my arm, but it will clear up given time.
So because he says I can given time return to my job, it puts management in a difficult position. My manager today admitted that my duties had been split between three other guys and my original post has ceased to exist!!
I can return and accept my old post but essentially I will be a 'spare wank' in the department, given that, my job has not officially been phased out but will be. Once that happens my post is at risk and I can be terminated in 6 months time (notice no mention of redundancy?)
Or I can after my return medical with staff health be put at risk because they decide I can't do my post. Again after 6 months if no other post is open to me I can be terminated on health grounds.
Catch 22 huh?
Anyway my manager says the at risk via staff health is the best option, because it leaves them open to redeploying other staff to a higher grade and letting me step into their shoes. This is the only way possible due to the financial situation in the NHS nowadays.
It makes things difficult because of my pay grade, in a workforce of 7000 there are only 200 people on my grade, so jobs in that grade don't crop up too often.
Ask again at the end of next week and I should know more details about what choice I really have. |
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By (user no longer on site)
over a year ago
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"No union, never had the need for one (until now) ..........
Union membership is a bit like life insurance - you don't need it till you need it
Find your local rep and tell them your situation. They may be able to help. An organisation the size and complexity of the NHS is going ensure they're on solid legal ground before making such a proposal to you.
"
No they won't!
Do you think an insurance company will insure you after your house burns down? Of course not. Unions won't assist in a case that's ongoing, which I have to tell someone at least once a day. |
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By (user no longer on site)
over a year ago
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"a Unnion will represent you even thought you not paid up, they always look (or shoulde look at it) as being professioanl and represnting everyone, and also looks good when they win!!! ACAS is also a good bet, but from our experince it does state the same job or similar including wages. If there isnt a job there that fits this description they can make you redundant, but again it will cost and can go on for a while.
Good luck"
Sorry, you're wrong. People pay subs for union assistance so how do you work out we offer non-members assistance for free? |
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