problems with my boss?

Question

About a 6 weeks ago i had to take time off work due to a back problem. I was initially sign off work sick for 2 weeks when i decided i was well enough to return to work. On my first day back i again had severe pain and was taken to hospital. My GP sign me off sick again for a further 2 weeks. i am now being treated for my back problems by a chiropractor. He wasn't happy that i return to work due to my job intailing a lot of walking etc. I spoke to my boss and he said he was happy to accomodate me coming back to work and that he would put me on light duties (have me in the office). Myself and my Chiropractor were happy at this because this gave me the opportunity to put ice on my back. (i have been advised that i need to ice my back for 10 mins every hour to stop swelling in my back due to the treatment i have been recieving). My boss is now being awkward about me being on light duties and trying to pressure me into going out on patrol again. Do i have a right to refuse todo this

My boss is telling me that i am letting my team down and that morale is low. He said that i am getting paid but i am not complying to my job description by being in the office. I have been writing reports for my supervisors so its not like i'm there twiddling my thumbs. i told him that is he wasn't willing to accomodate me like he said he would then i would have to be signed off sick. He obv advised against this. can anyone advise me what to do?

Just to make it clear, i didn't injure my back at work. many thanks for your answers x

Answer 1

Hello.
I appreciate that you have been put in an awkward situation here. My first question that I have to ask is: Did you injure your back whilst at work? - This can affect your employers reaction to the problem.

Either way, your employer has started by doing the right thing - allowing you to return to work on light duties.

If your back problem affects you in the long term, i.e. around 12 months or more (or is likely to affect you for 12 months or more) then you will be covered under the Disibility Discrimination Act 1995 (DDA) which is very quite important to define here.
Whether this applies to you or not, if you Doctor has signed you off work you should not return until your Doctor agrees you are fit to return to work. In your case, it would be worth (if you have not already) get a Doctors certificate signing you fit to return to work but on light duties (make sure that this is in writing) so that your employer can have you doing light duties as an alternative to being off work entirely.

In a round about way, you and your employer have pretty much already satisfied this criteria which is a great start the problem being that your manager is now getting itchy feet and doesnt want you to get to cosy in your light duties role. Quite rightly, you employer wants to be assured that you are recoviering and have every intention of returning to your role when you are fit to return to full duites (as signed fit by your Doctor).

If you find that you are covered by the DDA 1995 then your employer is obliged to make permenant reasonable adjustments to your job in order for you to complete it.

I would normally advise managers on the next few steps, and by no means is it your responsibility to do this, but I would suggest that you need to prompt a meeting with your manager to discuss your situation. Under the Health and Safety at Work Act 1974, section 2 relates to the basic provisions which include your employer providing a safe working environment. If you were to return to your full duties and were then to further injure yourself, your employer is likely to be negliegent as the injury was "reasonably foreseeable" as they knew about your injury and it could therefore be foreseeable that you could injure yourself further should your employer not facilitate or aide your return to work i.e. reviews of progress etc.
In this meeting, you both need to agree, complimented with professional medical advice a programme for your rehabilitation into full duties. Perhaps your employer could write for a Doctors report (with your permission) asking for details of what they can/should do to help you. You could also set some timescales for review and discuss taking back on some of your full duties in sections, so perhaps do a an hours patrol, then 3 hours, and so on.

Yes, you have the right to refuse going on patrol providing that it is reasonable to do this, which is why I suggest you get your manager to get a doctors report to put the question to a medical professional rather than bullying you into making a decision you may not be able to make. Similarly, your employer should not push you into doing something that could jeopardise your recovery and your health (under the Health and Safety at Work Act 1974) as this would be negliegent.

In short, organise a meeting to discuss your recovery and light duties so that your employer is fully aware of the issues, the timescales and your willingness to revert back to full duties as and when you are signed fit, so as not to jeopardise your recovery.

Good Luck

Answer 2

it all depends if the injury was caused from work or was it caused by something else outside the company. If it was caused at work, the employer should be offering alternate work, and you should accept it...if you refuse it, then it will look extremely bad on your claim... if it was caused outside of work, then your boss should just send you home and let you collect S&A.... As for morale...don't matter where you work, all employees, regardless of company status, dislike it when someone takes time off as they usually have to pick up the slack.... everyone hates doing your work on a "continuous basis" because they feel it is not fair...
Do you have the right to refuse?... absolutely not, provided the alternate work falls within the guidlines as prescribed by a doctor.

Answer 3

Yes you do if it endangers your health. Your doctor has stated that you are medically incapable of doing your regular job so it is either light duties for now or signed off on the sick again. Your boss cannot fire you for being sick, so he will just have to wait until you are better. If the back injury occurred at work then you could claim compo.

D.
X

Answer 4

hi

i injured my back at work and was off 3 weeks went back did it again after 2 days was off another 4 weeks
I'm not disabled at all but couldn't carry on doing the heavy lifting twisting so i left the company as i could not carry on doing the work
the ice is good to get down swelling but have you tried a proper physio i had one on the nhs and she used a larger version tens machine which stimulates your muscles and works deep into your body this helped me and is not as brutal as a chiropractor which may be causing you more swelling
im all for exercising even with back trouble but maybe you should try the electronic approach
i still get odd twinges but carry on as normal doing all things

Answer 5

Explain to him the reason you could come back and were willing to come back to work was ONLY because they were prepared to have you doing light duties. If they say you have to do more go back to the Dr and, if necessary, get signed off again. If possible, go and speak to someone higher than your boss in the organisation - perhaps someone in HR and voice your concerns.

Answer 6

yes,but he could find some reason to fire you