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Work/volunteering

Light duties note

(10 Posts)
Katyj Thu 02-Jan-20 18:31:21

Hi, I am early 60s and work in a factory, my job has recently been changed to much heavier work, and I'm really struggling.I had a word with my line manager last week, hoping that he may have been supportive and given me some lighter work to do for a while, but no chance I was told in no uncertain terms, I must carry on for the rest of the day and then go see my gp and ask them to issue a light duties note, which may then be ignored by them, if there are no light duties, there are lighter jobs, but I can't see them helping me.Anyone have any experience ?

DoraMarr Thu 02-Jan-20 19:12:57

Are you in a union? Contact your union rep for advice. If not, contact the Health and Safety executive. If your job has been changed from the one you are contracted to do, you are not obliged to do it unless certain measures are put in place by the management to make it possible for you to do it. Ask to see your contact if you do not have a copy of it. If you are sacked for refusing to carry out the heavier duties you have a good case to take them to a tribunal for constructive dismissal.
But I hope you are in a union, because this would be your first port of call.

M0nica Thu 02-Jan-20 19:28:38

If you are not in a union join one. Help is available from Day 1.

Visit the CAB, there will be one locally, they can help you. Their website address is : www.citizensadvice.org.uk. You can find the contact details of your local on eon the site.

Katyj Thu 02-Jan-20 20:03:52

Thank you ladies.I do need to join a union, I have been putting it off for a while now.My contract states I must work wherever I'm needed, to include all factories, there are ten all in close proximity. Thanks for the replies.

DoraMarr Thu 02-Jan-20 21:21:35

Join the union as soon as possible: you cannot have union help if you are already in a dispute.(At least, that was the rule in my union.)

FlexibleFriend Fri 03-Jan-20 09:56:14

Ten factories so surely they have an occupational health officer, contact them.

Grandad1943 Sun 05-Jan-20 12:34:01

Katy, I have only just come across this thread so I hope I am not too late with advice as I work in the field of industrial safety.

You do not state in your opening post whether it is the actual working practices (example'- new equipment or procedures being introduced) that has changed or whether it is your role that has changed within established procedures and practices. The foregoing is very important in how best to proceed with your problem.

If new equipment or working procedures have been introduced then under legislation sufficient risk assessments should have been carried out and hazard reduction measures introduced if those risk assessments did not come within laid down perimeters.

Your first step, should the above be the case, would be to ask to see those risk assessments in the company of someone who understands how they are compiled and what the parameter results should be. There are strict regulations in regard to manual handling in a workplace environment and that is what I feel needs to be looked at in your case.

If the management refuses to allow you to see the risk assessments then you need to apply for a grievance hearing as allowed for under current legislation. Should you be required to undertake such action then having someone from a trade union to accompany you to such a hearing will be imperative. Those persons are known as Formal Companions and have to be allowed on a workplace site whether a trade union is recognised by an employer or not.

Should it be that your role has changed within current established working practices and equipment used, then your problem is far less straight forward. There should still be risk assessments for the various tasks in place, and those assessments should be reviewed each year. However, your employer may well argue at any grievance hearing that the working tasks have not changed, but that you are no longer fit enough to carry out those tasks.

In the above, an " occupational compatibility interview" should be carried out by your employer to assess your fitness for the tasks you are employed to carry out. Should that interview conclude that you are not any longer compatible with that work then it becomes very complicated. How long you have been employed by the company in that work will become very prevalent, and in that, whether your employer has to seek alternative work for you within the company.

In the above, you would most definitely need professional assistance by way of a trade union full-time organiser or employment solicitor as such circumstances then enters the realms of the Equalities Act etc.

Hope this helps Katy and please post as to how the matter progresses.

annsixty Sun 05-Jan-20 12:48:14

What a very helpful and informative post Grandad1943
It is so kind of you to pass on your expert knowledge.
Katy must be very pleased.
Once again GN at it’s best.

Katyj Sun 05-Jan-20 17:08:17

Thank you grandad for your reply, you certainly are not too late.I have an appointment with the Dr next week re light duties note.I do not want to go into too many details here, for obvious reasons, but my role has changed regarding the heaviness of the things I need to pick, the orders are huge and it's taking me forever ! I just don't seem to have the stamina for it, i'm exhausted, and now in so much pain I've had to leave work early on several occasions. Thank you again, I'll be back to let you know how my note is recieved .

ExD1938 Sat 11-Jan-20 21:40:39

I didn't realise that my original contract which I had signed 20 years ago contained a sentence saying ' and any other duties your manager may deem to fall into your role' - or words to that effect.
I was a seamstress in a hotel and was asked to start washing and ironing sheets.
I had a spinal problem and even a doctor's note wouldn't make him back down so I resigned. No union.
I never worked again, I was 67.
The hotel has since closed.
(No help to you sorry - just my sympathy)