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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12299
Experience:  Qualified Employment Solicitor
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Please can I ask . I work NHS on a

Customer Question

Hello. Please can I ask for advice. I work for the NHS on a heavy ward where I am required to do a lot of patient lifting due to them having a stroke. We are terribly short staffed and sometimes there is only 2 auxiliary nurses to provide personal care for 22 patients. The repetitive lifting and lack of staff has caused strain on my back and resulted in an injury. I was off work for a month. Unable to do day to day things with ease for example get dressed or in and out my car. Within the time off my back felt a lot better. Even though still sore I felt able to work again. My manager asked was I ok to return in which I replied yes. It is still sore however a lot better. Upon my next shift I was placed with only one other auxiliary nurse and we was expected to look after 22 bed patients. 3 of which were one to one patients meaning they require a nurse by their side 24 hours a day due to confusion and being at risk of falling from the bed as they tend to climb over rails. This was impossible to begin with. One of the one to one patients in particular was aggressive and attempting to climb out of bed. Due to his stroke he was confused and unable to walk. Myself and the auxiliary had to repeatedly reposition this patient properly as he was connected to machines. Despite following moving and handling guidance there is only so much my back could take which resulted in it going once again. Again I had to take time off work. I'm now back as I feel work will dismiss me if I am off too long. I have been referred for physiotherapy and unable to again do simple things. I'm attending work with codeine tablets to get me through my shift. Last year I asked my matron for a transfer to outpatients in which she said it would have to apply like everybody else. I did but so far I'm unsuccessful. I have horses which I am having to pay people to look after as I can't. When I had a meeting with my manager about my back I explained how it happened in which she replied "are you sure you've not fell off your horse." I felt like she was passing the blame back on myself and portraying me as a liar. When I had a meeting with the matron and HR they gave me a written warning. I said it was due to a patient however nothing was said. It was dismissed. hR did not even add my reason for having a bad back in the minutes. They left it all out. I feel absolutely lost. I can't afford to quit or be fired but work is causing me extreme pain. Any guidance would be greatly appreciated. Apologies for any spelling errors. I am on my phone which has a mind of its own
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in this situation?
Customer: replied 2 years ago.
Hello. Well they have given me a written warning. I'd like this revoked. I specifically told my manager it was a work related injury. When I checked online she has put non work related injury under my sick leave. The matron looked down and didn't speak when I told her how it happened and HR didn't document it in the minutes. Instead they issued me with a written warning. I don't know if they are allowed to ignore what I tell them and do this. I feel they are breaking the rules but I'm not clued up on employment law so I don't know if they can do this.
Expert:  Ben Jones replied 2 years ago.
Thank you. So what was the warning exactly issued for? Also how long have you worked there for?
Customer: replied 2 years ago.
I have worked there since November 2012. The written warning was issued as I was off work with a bad back. I provided sick notes from my GP and informed work the injury took place in work due to repetitive lifting of heavy patients and dangerously low staffing levels. My ward manager asked why did I not asked another auxiliary nurse to stand in and relive me for a while. In which responded there was no staff on shift to help. Despite this a written warning for issued due to me having to take time off with my back.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you