Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are there any light jobs that you can do instead of your normal one?
You cannot be forced to go back to your old job and should not be expected to do so until you are fit to perform these duties. An employer has a duty under health and safety laws to ensure your health, safety and wellbeing at work. They need to conduct a risk assessment if there are going to be any risks that could affect your health, such as working in a job which is too much for your current condition. So the employer will have to try and find you something suitable with light duties which you can do instead of the usual job. However, they do not have to create a new job for you – only give you what is available. That can continue until these jobs are available and you feel well enough to return to the usual post. However, if there is nothing available that you can do you may have to remain signed off sick if you cannot do your main job.
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No problem, thanks. It I not just about whether you can walk and act normal – you need to be able to do your job as well without any risks. So if they are trying to force you to perform a role you cannot do due to injury, ill health or physical inability then they can be breaching their health and safety obligations. If they fail to give you duties that are available then you could remain on sick leave but should be paid full pay as it is their choice not to allow you back. If you do lighter duties then if you do the same hours you should be paid the same, if fewer hours – a reduced rate pro rata.
you are welcome, all the best