How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 63317
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Ii am suffering from ruptured ligament,damaged tendon and

This answer was rated:

Ii am suffering from ruptured ligament,damaged tendon and mild arthritis in my right ankle. I am currently on a waiting list and have been for the past two years to fix this. i have been waiting for so long because of skin infections, cellulitus in my leg and a cist on my toe caused from the way that i walk. After returning to work in 2015 after an umbilical hernia repair, my forth repair over a number of years and failing with an industrial injury claim my company said the only job they had for me was running two cnc machines. This job involved walking between the two machines all day, averaging about 8 to 10 km a day. i have been forced to have periods on the sick because of the damage all this walking caused. Each time that i returned to work i was told this was the only job they had for me and if i could not do it not to come back, i am now on long term sick. is there anything that i can do about this.
JA: Have you discussed the injury with a manager or HR? Or with a lawyer?
Customer: After returning to work in 2015 after an umbilical hernia repair, my forth repair over a number of years and failing with an industrial injury claim my company said the only job they had for me was running two cnc machines. This job involved walking between the two machines all day, averaging about 8 to 10 km a day. i have been forced to have periods on the sick because of the damage all this walking caused. Each time that i returned to work i was told this was the only job they had for me and if i could not do it not to come back. As a result of all of this walking between the machines, I have suffered from cellulitis three times and a cyst on my toe caused from the way that I walk. i am now on long term sick. is there anything that i can do about this. On the 10th of October 2019 I had a meeting with my employers and HR Department. As a result of this meeting, I was offered £8,000 to sign a disclaimer and discontinue my employment with them. Even though I belong to the union, and have done since I started my employment with my employer, throughout all of this, I have been offered no representation, no support and I feel very let down.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am currently employed, albeit I have been on long term sick since August 2019 and I belong to the UNITE union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I need some quality advice because I am currently getting no support from my employer or my union rep. Considering I have been with them for thirty odd years, I feel I am not getting the support I need.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What do you specifically want to know about this, please? Please note I am mobile at present so may not be able to reply immediately, thanks

Customer: replied 9 days ago.
Has my employer got a Care of Duty and are they acting legally.

Many thanks for your patience. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. These duties can be summarised as follows:

· Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.”

· Ensure that places of work under the employer's control are, so far as is reasonably practicable, safe for work and without risks to health

· Provide and maintain a safe working environment with adequate facilities and arrangements for welfare at work.

 

In addition, you will likely have protection under disability discrimination laws. Specifically, the employer will have a legal duty to introduce reasonable adjustments to help you.

 

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:

  • making adjustments to work premises
  • allocating some of the employee’s duties to others
  • transferring the employee to fill an existing suitable vacancy
  • altering the employee’s hours of work
  • allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability
  • acquiring or modifying specialist equipment
  • providing supervision or other support

 

If you wanted to pursue this further, you could consider raising a grievance to start with and after that it would be a case of making a claim of disability discrimination in the Employment Tribunal or resigning and claiming constructive dismissal .

 

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 8 days ago.
Yes thanks

All the best

Ben Jones and other Employment Law Specialists are ready to help you