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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been off work for 8 week after breaking my leg and

Resolved Question:

I have been off work for 8 week after breaking my leg and still have around 4 weeks left, when I go back do I go straight back into my job because it's very physical and demanding I am a truck driver and deliver kitchens so have to do a lot off carrying do my company have to help me back into work with some light jobs ?? If so for how many weeks ??
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

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?

Customer: replied 7 months ago.
Yer there is some but not many.. so where do I stand can I make them give me the light jobs or do I have to go straight into my driving and lifting ?? I had a 4 hour op and got 8 pins 2 plates in my left leg.
Expert:  Ben Jones replied 7 months ago.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 7 months ago.
Just one last thing.. all that really helps. If there is light work available and they do not let me work on light things and only say I can come back to my normal job. Because I might be fit enough to walk and carry my own weight but my job is demanding where do I stand then because it's not me stop me going back to work it's the job it self ? Do how does pay work ?? Sorry again for more question but I don't want to sound stupid when I go into my work to start talking to them about coming back to work.And I will rate this 5 star because you have been really good thanks again.
Expert:  Ben Jones replied 7 months ago.

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.

Customer: replied 7 months ago.
Thanks that sort everything out for me.
Brilliant helped me out big time 5 star all around
Expert:  Ben Jones replied 7 months ago.

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46765
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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