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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work in the civil service. I have an RSI condition and was

Resolved Question:

I work in the civil service. I have an RSI condition and was diagnosed with tenosynovitis over 2 years ago (I also have a neck problem caused by computer work) , I informed my employer but nothing has been done to assist me. I recently applied for voluntary exit/early retirement scheme and have been rejected for this. I feel my hands/wrists and neck problem, which I have managed myself (through osteopath) is going to worsen - can you advise what rights I have and what I should do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you actually capable of performing your job at present?

Customer:

yes but I am in pain alot

Ben Jones :

Is there anything the employer can do to help you in the circumstances, like change of duties, working hours, etc?

Customer:

not really - I need to work at computer to do my job and produce work

Ben Jones :

Does your employer offer an early retirement benefits scheme?

Customer:

yes

Ben Jones :

Have they said they are looking at terminating your employment?

Customer:

no but I am to have a warning because I have been off sick with tenosynovitus

Ben Jones :

Whilst you can ask the employer to consider offering you early retirement or an early exit, unfortunately you cannot force them to grant your request and they can refuse, preferring that you remain in employment for the time being. They will have a duty to make reasonable adjustments to try and assist you in the meantime, such as providing specialist equipment, making adjustments to your duties or hours or delegating some of your tasks, but if these do not help and you can no longer carry out your job, then you may have to go off sick. It would then be for the employer to consider how to deal with this. They could follow a capability procedure, where you are issued with formal warnings, which may eventually result in your dismissal on grounds of ill health. In that case, the employer will be expected to consider offering early retirement if such a scheme exists before they opt for a capability dismissal. However, until they have reached that stage by following their own procedure, you cannot force them to allow you to retire and you could have to wait until they have gone through their own procedure before this opportunity arises.


 


If you do not wish to wait for this, you always have the opportunity to resign from your job, but you have to remember that some benefits and pensions may be affected by this, although this would depend on what the pensions policy states on the subject.

Customer:

thank you for this , may I ask one more thing?

Customer:

I did report the condition to my boss in Sept 2011 and he did say he would take action (Occupational health, reasonable adjustments etc) , however he has done nothing - do I have any sort of claim against my employer?

Ben Jones :

There are a couple of options here - one is to resign and claim constructive dismissal but it is a difficult claim and will only compensate you for future losses so if you would have soon had to stop working then any compensation would probably not be worth going to court for. The other is disability discrimination where you can claim compensation for injury to feelings. The issue is that there is only a 3 month time limit to claim so if they discriminated against you back in 2011 the potential of this being out of time exists

Customer:

Okay, thank you very much , this has been very informative. Goodbye

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