Employment help

[bobthebuilder69]

where is the best place to ask a question regarding employee rights and employment law??? many thanks and hello...

[bobthebuilder69]

Right let me explain then ask the questions:

 

I worked for a well known supermarket where id worked for over a year, Ihad an accident on their premises due to their negligence in february 2008, I've to date had 2 operations to repair the damage and am awaiting a 3rd, cant work as i am currently, During this time ive met with the company occupational health nurse who requested i return to work 4 hrs a night stacking shelfs (manual work) as my injury is to my ankle i cant stand for 20mins let alone 4 hrs so i declined stating i couldnt do this (this was around (april 08) to which i was told if i didnt return my contract would be terminated?

 

So question 1, is this acceptable and if not what part of employment law is breeched??

 

Also whilst on the sick which i have been since the accident the store personell manager has asked other then staff members (who have since left) to keep an eye on what i do and get upto and report back?

 

So Question 2, is this acceptable and if not which laws / regulations does that breech, privacy? human rights? etc etc.

 

Any help greatly appreciated as im trying to build a case against them

[maroondevo52]

Hello and Welcome, Bob.

 

See you found the correct Forum

 

Regards.

 

Scott.

[Capricorn1601]

Hi Bob

 

Not sure I can help as I dont know much employment law. Hopefully someone will be along soon.

 

Have you tried asking your question on i-resign.com. They have some very good employment advisers who have helped me out in the past.

[bobthebuilder69]

ok thanks i will

[farmlama]

can they not offer you an alternative position such as till work where you could sit down, are you claiming damages? if it was a work accident you could well be entitled to compensation for loss of earning and such. my mum works for a well known supermarket (in the warehouse not shop) and had a work accident causing a back injury which she has had i procedure on and awaiting a 2nd so similar story to yours except her bosses have been quite good and shes been on light duties for the past 2 and a half years since the incident meaning shes still able to work but rather than physical work shes been able to do office work and other bits that wont effect her health

[bobthebuilder69]

unfortunatly i have to keep my ankle elevated as much as possible and non weight bearing even like this its painfull, weight bearing is impossible, they did mention tills but my specialist surgeon said this wouldnt help at all as i have to keep it elevated and motivated. And yes im claiming against them

[MARTIN3030]

2 threads merged.

[Uncertain]

Strange as it may seem, your claim against them and their right (or otherwise) to dismiss you on the gounds of capability are not really linked!

 

If you have been employed for over a year you have certain rights. However, if you are medically not able to do your job, subject to following the correct procedures they can dismiss you on the gounds of capability. Obviously if they do not follow the correct steps you may have a claim. For this purpose the fact that they may have caused your injury is neither here nor there.

 

If you win a claim against them for your injury, your loss of earnings will be taken into account in setting the amount of damages. Obviously, if they sack you in the meantime and you can't find another job this will increase the amount you may be awarded!