working when injured - police officer

[phaitun]

Hi caggers, been here a while got a few threads running and now trying to help/advise a friend with her work related problem/s

 

She is a Police officer, has had injuries on duty x 2 resulting from a work based activity - the first one was an accident during compulsory training wher her back went during Physical Training

 

The second injury a year later occurred when ordered to conduct the same physical activity despite telling supervisor she wanted confirmation or all clear from Dr prior to undertaking the activity

She undertook the activity (as she felt compelled to do it) and her back went again.

 

She has been diagnosed with disc prolapse with a tear; after the initial HR feeling was that she was swinging the lead,

It was only after HR paid for an MRI scan that they changed tack and actually belived the injury was genuine. (my friends perception)

 

HR are aware of the full condition and she is now in reciept if IIDB.

 

My friend is overweight (although very very good at her job) and during the subsequent HR/Medical and management meetings regarding her condition her weight has been focussed on as opposed to the activity that caused the injury.

 

My friend has had very limited sick leave as she is conscientious and hard working, she has suffered and is suffering with pain every day as it is her sense of duty to keep going.

 

My friend is a 'specialist' and works mainly in office based and specialist investigations

 

My friend loves her job, doesnt want to sue the force for causing the injury (second time) and after a lengthy period of supported and temporary restricted status returned to full duties after a modified fitness test and self defence

 

The problem is that the injury is still very very troublesome and she is getting worse by the week however in a male dominated enviroment where it is macho to 'soldier on' she feels that if she was to go on the sick it may lead to her being pensioned off as she cannot fulfil the full duties of a Police officer.

 

She is hiding the true extent of her injury from her colleagues and bosses as she does not want to be dispensed with or moved from her role. She is braving it up to keep going, but also deep down realises that if the wheel came off in a confrontation she may get more seriosuly injured and actually become more of a liability than an assett to her colleagues.

 

If she is found out to actually be more seriously injured after telling them she is fine would this be classed as gross misconduct?

 

She is very worried as the austerity measures are bringing a whole new way of dealing with injured officers, she has said they can make her retire under regualtions but wants to keep going, anybody know if this is preventable?

 

Also she is worried that by hiding the injury and then becoming involved in confrontation or similar situation where she may get injured again, or cause an adverse effect on her colleagues dealing with that situation because of her inability to deal with it - would she be liable under health and safety legislation for injuries to her colleagues?

 

My friend does not want to speak with anyone internal including her federation (union rep type) reps as there is a belief that the force will find out as there are different employment laws concerning police.

 

Her immediate supervisors went through the motions as being supportive however she feels this is management action to 'tick the boxes' and they would rather her move to different department. As her condition is still their she has until June 2013 to undertake the physical training again or face disciplinary action.

 

She was advised by supervisor and union rep to maybe take painkillers and 'do the test and physical activity' just to pass, she feels this is again more risky and damaging to her back.

 

any suggestions for her to proceed as her doctor, physio can see no solution to her back problem at the moment

[Emmzzi]

She essentially has to decide whether to risk bad things by lying or bad things by telling the truth.

 

You've covered most of the possibilities that could happen here.

 

What is your specific question?

 

I cannot help thinking your friend would be better posting here herself, as this could get messy going back and forth through a 3rd party.

[phaitun]

Hi emzzi, thanks for the reply

 

i think the question she wants answering is if the hiding the true extent of her condition would be classed as gross misconduct?

 

And also if she fronted it up could they get rid of her or would they have to find her a role which she can perform?

 

The issue is that the role she does currently is not really affected by her condition other than the pain issues but there is an element of risk

 

We have discussed Disability Discrimantion Act etc but she thinks it does not fully apply to Police Officers

 

I will speak with my friend and try to get her to join CAG.

 

I have told her about this forum and the wonderful people who help others, something that has restored my faith in humanity on more than one occasion

 

kind regards

 

phaitun

[Emmzzi]

Failing to declare something which may endanger others would certainly be GM

 

Personally I could not sleep knowing I may be doing that every day

 

If there are other jobs available they would need to look at those for her; they do not need to invent a job for her. the equality act applies here, BUT no special perks - same for everyone, only reasonable adjustments need be made, not bending over backards.

 

is it the police federation they have instead of a union? she really does need to talk to them.

[Emmzzi]

ps she doesnt want to be moved from her role

 

but her role leaves her in great pain

 

you aren't going to be able to do anything for her until she has come to the only obvious conclusion about those 2 statements.

[phaitun]

Emmzzi, i think my advice will be for her to discuss it with the police federation, they are like a union, however she tells me that police officers are not 'employees', rather they are 'crown servants' with limited industrial rights.

 

I will see her tomorrow, i did also previously inform her that the risk to her colleagues is real and she should really address it as a priority, you have confimed my suspicions that hiding a medical pronlem that could be a risk to others may be classed as GM and i will pass this on to my friend.

 

As always, great advice/opinions from the knowledgeable Caggers

[Emmzzi]

good luck!

[phaitun]

tbh i think that she is in great pain and would be in any role - her current role, which is mostly office duties and driving, nothing too physical other than a bit of walking and using some handheld equipment is not really that physically demanding.

 

It is the love of her job she does not want to lose, she has recieved commendations and praise for her work on numerous occasions, she has been involved in numerous high profile cases and is highly thought of by her colleagues and seniors.

 

I think she is hanging on for as long as she can for fear of losing what she has loved, when she talks about her job and the satisfaction it has given her for the last 16 years her eyes sparkle and she seems to glow with excitement.

 

I will speak to her tommorrow, we will have a glass and discuss her options.