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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long has she worked there for?
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
ok thank you
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.
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
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
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
No I agree, the delay was unreasonable
ok thanks for your advice, we will try the grievance procedure and see how far we get with that
you are most welcome, best of luck with it