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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have off from work because I have light duty and my company

Resolved Question:

I have off from work because I have light duty and my company has not got job for me .My manager told me that he will have pay as sick pay. I ask him about written form his decision but he does not want to give me include HR manager.
What can I do in this situation ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Why were you on light duty in the first place and can you please explain in more detail what you would like to know about this?

Customer:

I had a surgery on my knee two years ago but I had accident in work few months ago and I twisted this same knee so my GP gave my light duty .

taratill :

Ok was the accident at work in any way the fault of the employer,i.e. through not providing correct equipment or training?

Customer:

I don't understand why company wants pay my sick pay if I have fix to work with light duty.

taratill :

Ok I will answer your full question in a moment but can you answer whether you think the company is at fault. Also have you been doing lightduty already or are they simply saying there is no light duty they can take you on?

Customer:

This accident happened because it was raining and I slipped on the edge of the end van and hit my knee. Yes I have been on light duty.

taratill :

Final question, how long have you worked for the employer?

Customer:

from 2004

taratill :

Ok thanks, ***** ***** that it is really important that you tell your manager that unless you are continued to be given light duty you will have no alternative but to raise a formal grievamce via HR. Whist the law on fit notes and light duty does not require an employer to find light duties and can allow them to pay SSP , this would be the case from the start of the fit note not after a period of working light duties.

taratill :

Your boss cannot prevent you from doing this as it would amount to a breach of trust and confidence to prevent you from raising a formal grievance about the issue.

taratill :

If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill :

Hello is there anything further I can help you with?

Customer:

What do you think I can do in this situation?

taratill :

Hi can you not see my answer above? You should tell your boss that you are going to raise a formal grievance if he does not allow you to continue with your light duties. He is not allowed to tell you not to contact HR (that would amount to a breach of trust and confidence.

taratill :

Whilst an employer can refuse light duties and pay SSP this would generally be from the outset. The employer should not allow light duties and then impose sick pay on you.

taratill :

Please do let me know if there is anything further you would like to know. if I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

I contacted with HR Manager and she told me that she needs to make investigation on my case and then she can writing a letter .

taratill :

Sorry I misread your original question. Even if you have already contacted HR you need now to raise a formal grieavnce using the company grievance procedure to ask them on what legal basis they are removing you from light duties and back on to SSP? You should state that you believe it amounts to a breach of trust and confidence and that if it is not resolved you may need to consdier bringing a claim in the Employment Tribunal.

Customer:

My manager informed me only verbal and nobody from company want to give me written decision.

taratill :

This is not good enough. If your employer will not engage in the grievance process then you ultimatley can argue it is a breach of trust and confidence and resign if things are not put right. As I have already stated you need to raise a further formal grievance in the first instance.

Customer:

Yes ,I understand but is it possible if I have not got letter from company.

taratill :

yes if they won't engage in the process you don't need a letter.

taratill :

Are you asking about the letter from the point of view of benefits?

Customer:

No

taratill :

Ok I was just checking.

taratill :

So to clarify.

taratill :

1. You should write a formal written grievance asking on what legal basis you are being removed from light duties?

taratill :

2. YOu should state that you believe this amounts to a breach of trust and confidence.

taratill :

3. You should state that if matters are not swiftly resolve you will consider your options which may include resigning and claiming constructive dismissal.

taratill :

4. You do not need a letter from them in order to do any of the above.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. thank you and all the best.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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