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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my partner was injured at work, after two weeks she returned

Resolved Question:

my partner was injured at work, after two weeks she returned but was still in considerable pain, she has been under the doctor, physio etc since her injury. after a couple of months at work doing her normal duties and after consultation with her doctor she needed to go back on the sick as the injury at work had caused a rotater cuff injury and it was not healing. after 4 weeks of physio her doctor advised that she would be able to go back to work on amended duties.her company would not allow her to return until she had seen occupational health, due to their mistakes she did not get to see the OH for a further 7 weeks. the company has also advised that she would not be paid assault on duty sick pay as she went back to work after her injury. so she hasnt received payment since end of december, they have had the OH report and are still stalling on her return to work even though she has had several meetings with them and they have told her that there are jobs that she can do.were they allowed to stop her returning to work and due to them not allowing her to return are they liable to pay her for being off
Submitted: 3 years ago.
Category: 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.

Ben Jones :

How long has she worked there for?

Customer:

10 years

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

ok thank you

Ben Jones :

When an employee is off sick and allowed to return to work with amended duties, the employer should act without unreasonable delay to assist the employee with the phased return to work. If deliberately or negligently they are delaying her return to work and as a result she is missing out on pay, then that would likely amount to a breach of trust and confidence on their part, which is a breach of an implied term in her employment contract.


 


In the first instance she can raise a grievance about this with the employer. She needs to make it clear that the delays have been unreasonable and that this should have been resolved a long time ago. She should also make it clear that due to her pay being affected by no actions of her own, rather the unreasonable and negligent delay by the employer, she should not have to be penalised by not receiving any pay for that period and would seek to be compensated for this according to any sickness policy that exists.

Customer:

I will get her to raise the grievance as they have put us into financial distress as well as having to deal with the stress caused by her assault at work which caused her injury ( she works as a prisoner escort at a court). were they in their rights to stop the return until she had seen a OH doctor in the first instance

Ben Jones :

yes that is possible because when you work in an environment where there are certain health risks, the employer would want to seek the specialist opinion of OH because they could be guilty of health and safety breaches or be negligent if they allow the employee to return without assessing the risks of doing so

Customer:

but it shouldnt have taken 7 weeks to arrange !!. they have said they might pay her for her time off if she can prove that the injury was caused at work, this they say because she did initilaly return to work after the assault, even though she was cons tantly under her GP ad physio for her injury and stayed doing her job until it the pain became unbearable and it was apparent that the injury was not given time to heal

Ben Jones :

No I agree, the delay was unreasonable

Customer:

ok thanks for your advice, we will try the grievance procedure and see how far we get with that

Ben Jones :

you are most welcome, best of luck with it

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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