Work Problems

[Downward]

Hi

 

I had a fall at work 2 1/2 years ago off a faulty chair which damaged by back.

 

At the time I was doing a Manual job but was off work.

I went back 20 months ago on the same Wage and was given a desk based job to do as my back is permanently damaged so any heavy lifting is a no go.

 

Work sent me to Occy health twice and I saw the nurse and the doctor who said I was unable to carry out my manual job.

 

Work called me in and wrote down the minutes of the meeting and there was a couple of points they wrote which i was unhappy with;

Mainly

 

"There is no Band 6 job available in the department" which is the job I have been doing for 20 months although it's not an official job,

 

I said I wasn't happy signing and wanted assurances I would be allowed to carry on my "band 6" desk job (above) but they got a bit Arsy and said that as i didn't sign they took it as I wasn't interested and now have threatened me by saying they will downgrade me to a band 5.

 

I have spoke to a Solicitor and am claiming for the Injury. The actual work dispute though I am unsure. A solicitor wants £90 just to talk to me about it and work have said they have had advice from their Solicitors and can do what there are doing under the Incapability Law.

 

Any advice would be much appreciated.

 

I am happy doing my "new 20 months now" job but can't afford to be downgraded as money is hard with a big mortgage.

 

Thanks

[Sidewinder]

Sorry to hear about your problems. Something here sounds a bit iffy. You have been injured in an accident at work through faulty equipment. You have been assessed as having been left permanently incapable of doing your 'normal' job. Potentially they have already failed to protect you under the Health & Safety at Work Act, and are now also looking to fall foul of the Disability Discrimination Act.

 

It is worth giving ACAS a call on 08457 474747 - they will give you some free impartial advice before it is neccessary to involve a solicitor. They will not neccesarily tell you what to do, but will be able to confirm whether your employer's actions are lawful. Personally I don't think they are, or at least they are sailing very close to the wind.

[poppynurse]

Are you in a union?