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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66754
Experience:  Qualified Solicitor
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Sorry to bother you but im currently signed off sick after

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hi sorry to bother you but my name is ***** ***** currently signed off sick after spinal surgery which was 5 weeks ago but im being pressured into returning to work
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: its my hr manager that is pressuring me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i dont think so

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for

Customer: replied 11 months ago.
ok thank you i wanted to know where i stand legally
Customer: replied 11 months ago.
rather just message as im on a minimum wage anyway
Customer: replied 11 months ago.
ive worked there for 2 years just over
Customer: replied 11 months ago.
have we been disconected

Hi sorry still here, just dealing with several other customers as well so there may be a slight delay.

Have you received a medical opinion on what you can or can’t do in terms of work?

Customer: replied 11 months ago.
i have been signed off by the doctor as my spine is still bruised and she has ticked not fit for work
Customer: replied 11 months ago.
thing is its not as if it was an operation on my arm or leg its my spine

I understand. Are there light or office duties you could do instead?

Customer: replied 11 months ago.
no its all manual labour
Customer: replied 11 months ago.
with the paperwork from hospital says to lift nothing heavier than a kettle
Customer: replied 11 months ago.
im a caretaker which involves building repairs things like that

Thank you. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. 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.”

This would include making sure that any medical advice is followed, unless there is clear evidence that it is not relevant and not to expose the employee to unnecessary risks, such as by forcing them to carry out work which is a risk to their health.

If you are being pressured to return, you should not buckle under such demands and maintain your position The ball is in the employer’s court – they will have to consider what to do next and if that means disciplining you or even dismissing you – you will have rights to challenge them as such decisions are unlikely to be unfair in the circumstances.

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
ok thank you for that as i had a meeting yesterday at work and im already getting messages about returning to work so i feel that im being bullied and putting financial pressure on me

You cannot be forced to return and must remind the employer of their health and safety duties under law

Customer: replied 11 months ago.
ok thank you for that

All the best