What position would I be in with work over this issue?
- Thread starter valkynaz
- Start date
Soldato
- Joined
- 22 Oct 2007
- Posts
- 3,209
- Location
- ..
Talking all day does not cause the condition you have but will aggravate it, if you are unfit to do your duties then they can medically discharge you if they have no other suitable work for you to do. So be careful with what you say/do as you may find yourself out of the job unfortunately.
They can't just ignore your condition.
Soldato
- Joined
- 24 Mar 2014
- Posts
- 2,810
- Location
- Inverness,
sick pay is still accomodating, also its either that or allow him to use the touch screen, its technically not light duties, just allowing him to do his job using specialised tools. it would be no different than providing JAWS on a PC for a blind man
Associate
- Joined
- 23 Nov 2009
- Posts
- 1,195
How long have you worked there? You have limited employment protections until you have two years service.
Your fit note should make clear that you are fit to work if you use the touchscreen (i.e. you are not fit to work if you don't use it).
You should ensure that your latest absence is noted as work-related sickness (working without adaptation made your condition worse).
Sounds like a supervisor being a ****. The grievance procedures were made to deal with *****. If there is no good reason to deny you a touchscreen, I'd register a grievance and go off on sick in accordance with your fit note.
Sickness is treated differently to disability, particularly during the two year probation period. Disability gives you a route to claim unfair dismissal from your first day.
Your fit note should make clear that you are fit to work if you use the touchscreen (i.e. you are not fit to work if you don't use it).
You should ensure that your latest absence is noted as work-related sickness (working without adaptation made your condition worse).
Sounds like a supervisor being a ****. The grievance procedures were made to deal with *****. If there is no good reason to deny you a touchscreen, I'd register a grievance and go off on sick in accordance with your fit note.
It would be because blindness is a protected characteristic and employers must make reasonable adjustments.
Sickness is treated differently to disability, particularly during the two year probation period. Disability gives you a route to claim unfair dismissal from your first day.
Caporegime
- Joined
- 18 Oct 2002
- Posts
- 33,188
I would absolutely talk to HR and make sure you get on the record the chain of events. Getting ill to start with, note, supervisor allowing you to use the touch screen, no problems(i presume) working with the touchscreen. Then make sure you tell them your supervisor took it away from you and within a day your condition worsened, that is crucial because if at any point they try to fire you that part will likely screw them over big time.
They didn't send you home or say take sick leave and get better, unless you were painfully slow using the touch screen I see no reason for them to prevent you using it. I would guess that other people were sick of talking all day long and maybe requested to use a touch screen because you were(other workers may not be aware of the reason) and the supervisor thought it easier to stop you than enable others to work with touch screen.
I think having a medical note saying you can't talk all day long and them accommodating to start with then going against medical advice at which point you got worse is going to look incredibly bad for them if they fired you over this. I would think HR will think exactly the same way and become very nice and help you out anyway you need to avoid any blow back from a dumb ass supervisor's actions.
They didn't send you home or say take sick leave and get better, unless you were painfully slow using the touch screen I see no reason for them to prevent you using it. I would guess that other people were sick of talking all day long and maybe requested to use a touch screen because you were(other workers may not be aware of the reason) and the supervisor thought it easier to stop you than enable others to work with touch screen.
I think having a medical note saying you can't talk all day long and them accommodating to start with then going against medical advice at which point you got worse is going to look incredibly bad for them if they fired you over this. I would think HR will think exactly the same way and become very nice and help you out anyway you need to avoid any blow back from a dumb ass supervisor's actions.
Man of Honour
- Joined
- 29 Mar 2003
- Posts
- 57,679
- Location
- Stoke on Trent
He doesn't want light duties, he wants an aid that is available.
Deleted member 66701
Deleted member 66701
It's not that clear cut.
Their duty of care and H&S obligations require them to "make a reasonable adjustment". The "reasonable" bit is the grey are but an employment tribunal would laugh this employer out of court if they said replacing the headset with a touchscreen wasn't a "reasonable" adjustment.
Source:-
Health and Safety at Work etc Act 1974
Health and Safety (Offences) Act 2008
Equality Act 2010 (EA) (as an illness can be classed as a temporary disability)
Last edited by a moderator:
What ^ he said.
Follow the chain of command - Been seen to follow procedure. If you start feeling resistance, then take it to HR. I'd probably take it to them anyway. But always remember, HR is there to protect the employer, not the employee. However, in this case, they're on thin ice as they're ignoring medical advice and not making reasonable adjustments. Well, they did, but are now revoking them!
Were you referred to an occupational health organisation? When I was off for a few weeks with a bad back, I had a visit from occupational health to see what, if any, adjustments needed to be made to my work environment to improve my situation. They're involved to protect the employer as much as help the employee.
Are you in a union? They would be able to advise on a course of action.
Follow the chain of command - Been seen to follow procedure. If you start feeling resistance, then take it to HR. I'd probably take it to them anyway. But always remember, HR is there to protect the employer, not the employee. However, in this case, they're on thin ice as they're ignoring medical advice and not making reasonable adjustments. Well, they did, but are now revoking them!
Were you referred to an occupational health organisation? When I was off for a few weeks with a bad back, I had a visit from occupational health to see what, if any, adjustments needed to be made to my work environment to improve my situation. They're involved to protect the employer as much as help the employee.
Are you in a union? They would be able to advise on a course of action.
Last edited:
Soldato
- Joined
- 9 Dec 2009
- Posts
- 5,414
- Location
- Bristol
Using a Dirty Harry voice tell the supervisor to take the headset and give you the touchscreen or there'll be trouble.
