What position would I be in with work over this issue?

valkynaz

valkynaz

valkynaz

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I work as an order picker for one of the leading UK supermarkets.

This job involves the use of a voice command headset which can mean talking for 8+ hours per day, 5 days per week. I started this job in November 2013.

I have no problems with doing the job the way it is intended to be performed. However between 2-3 months ago my voice started to "break". This caused difficulty using the voice command headset. At this point it is worth mentioning that there are touch screens available to perform the job instead of voice command headsets, which in general we are not allowed to use.

I visited my GP around 4-6 weeks ago and received a sick note to say that I needed to rest my voice and I should be using the touch screen for my job until my voice gets better. It did start to improve slightly. I should also mention at this point that in the area in which I work in there is only one touch screen available to use in this area. I was allowed to use the touch screen and everything was going great.

However between 1-2 weeks ago a supervisor decided to disregard this advice and actually took away the touch screen from me and I was required to use the voice command headset in this area. My quality of voice quickly declined that very day. As a result I am working between 25-50% slower than usual because of issues with the voice command headset. The supervisors don't really care about what I have to say and my reasoning behind me being slow. Which means I get told off for it on a daily basis.

After a visit to the hospital today I have been told that I have inflamed vocal chords and I also have a cyst on one of my vocal chords. The doctor said she was certain that the job I do was the direct cause of this. The doctor couldn't stress enough how important it is that I rest my voice and using the voice command headset is not an option.

So the situation I am in at the moment is I have to be moved into a different area of the warehouse where I can use a touch screen to perform my job. I am certain that my supervisor will show reluctance to do this as there would need to be someone else trained up to replace me in the area I was in. At the moment the warehouse does not have the time and resources to train someone up due to the amount of work that needs doing.


Now that wall of text is out of the way...

What position would I be in if when I go into work tomorrow my supervisor refuses to move me to another area even though I have had a medical note written for me and had a visit to hospital over it and received a diagnosis?

I have been told that I should not be using my voice however if work is unwilling to budge what do I do?
 
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There is always a bigger fish.

Contact whom ever is in charge of your supervisor and make them very aware of the medical advice, especially given that your condition has arisen from work.
 
^^

yup. They're unlikely to blow you out when you are backed up by medical diagnosis, move on up the food-chain until you get someone who will listen.
 
You just need to make your supervisor aware, straight away that you will take this above him. If he tries to make you work despite medical advice telling you not to work in a particular way, ask immediately to speak to whomever is in charge of him.

Make it very clear to your supervisors superior that he was attempting to force you to work despite the medical advice too.
 
When your feel your voice start hurting at work, ask to write it down in the incident log. Should you require time off work due to this problem, it's important a paper trail is there, plus it will make them think twice.

I would have thought something like this would come under RIDDOR, being an injury which has arisen through work.
 
If it's a main supermarket chain skip going above the supervisor and just go to HR at the main/central office. Then you can avoid all local politics if the supervisor decides to be a ***.
 
Pudney said:
If it's a main supermarket chain skip going above the supervisor and just go to HR at the main/central office. Then you can avoid all local politics if the supervisor decides to be a ***.
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That's very true, totally forgotten about HR.
 
Tummy said:
You just need to make your supervisor aware, straight away that you will take this above him. If he tries to make you work despite medical advice telling you not to work in a particular way, ask immediately to speak to whomever is in charge of him.

Make it very clear to your supervisors superior that he was attempting to force you to work despite the medical advice too.
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Yup. Don't work just because your supervisor doesn't want to do their job. Your health should be your priority.
Don't take no for an answer and don't be afraid to go over their head if need be.
 
If the only thing your're 'allowed' is the head set, then go home on sick leave. Say, 'phone me when the situation changes'. You have medical backup saying you shouldn't be doing that work...
 
On the fit note issued by the doctor has amended duties been ticked? My understanding (though I've never had one myself) was that if they outline what you need to avoid on the note and your employer does not accommodate it then you should treat it as a sick note (e.g. you should stay off work for the duration). There is bound to be something on the www.gov.uk site.
 
Muban said:
On the fit note issued by the doctor has amended duties been ticked? My understanding (though I've never had one myself) was that if they outline what you need to avoid on the note and your employer does not accommodate it then you should treat it as a sick note (e.g. you should stay off work for the duration). There is bound to be something on the www.gov.uk site.
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I can't remember where I put it but on a basic level all the note said was "valkynaz is advised to rest voice due to hoarse voice", of course it turned out to be something more than just hoarse voice. I just realised I said doctor when it should have been GP.
 
Amleto said:
I would have thought companies can get into serious trouble by doing that since HR is the formal route for complaints/discipline etc.
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Absolutely but by passing the buck he might mean to get the Manager to sort it.
It's pointless getting HR involved if the Manager is willing to sort it.
If the Manager starts being stupid then back to HR.
 
Krakkenbus said:
HR will likely only pass the buck. Just go directly to your line manager ( your supervisors boss)
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in some situations they might well only act to protect management... however a 'supervisor' isn't really management and the case is pretty clear cut - he's got a doctor's note and they've got a solution that allows him to carry on working - only issue is the supervisor being a pain

OP - just go to HR - it should be a simple solution to resolve - your supervisor is a potential liability to the company if he's behaving like this
 
if I am not mistaken, ignoring medical advice from GP or hospital is against the law. Your supervisor could get in serious trouble for this and bring the company down with him and get them in trouble too.

as other have suggested, you should keep going up the ladder until someone listens, your health is more important than the opinion of some self important supervisor, if his actions result in the direct decline of your health then he is at fault and you can take it to an employment tribunal if nobody listens or if your medical situation worsens or you get permenant damage as a result.

speak to his bos and hos boss and their bosses until you get that touch screen back, or you can negotiate a transfer to another department and get a job within the company that doesn't involve your voice so much.

Best of luck man, get well soon.
 
If your fitness to work statement is conditional on resting your voice and therefore necessitating the requirement of a touch screen device and your direct supervisor does not allow this then inform your HR department that inline with your fitness for work statement you cannot work until suitable equipment is provided.
 
Do you get sick pay? They could well send you home on sick as you are not fit for work, the touch screen thing may not even come into this. Despite popular belief company's do not have to accommodate for sick people needing light duties.
 
I would go back to the manager and state that the latest injury is a result of the touchscreens being removed. State that you need them put back in or will need to be assigned other duties.

If he/she does nothing then go to his manager and state the same.

If that manager also does nothing then go to HR.

If possible follow up all conversations with an email and make notes of dates/times. Be polite but firmly state that this is a medical condition brought on by performing your duties and they have a responsibility to make allowances in your work for this.
 
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