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Posted By rks
I wonder if anybody has any advice on the following question?
A freind of mine has recently had an operation on her knee and has gone back into work as a assisstant manager at a large shop and has been told by the doctor that she is ok to return to work as long as she uses a walking stick and sits down regularly to rest her leg. The health and safety manager were she works has told her that she cannot use the stick or the chair as this causes a trip hazard to the visitors of the shop.
Now I would of thought the employers have a duty of care to the employee to ensure that no other damage is caused to her leg or they should find an alternative type of work that she will have not to stand for long periods.
Any help would be much appreciated
RKS
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Posted By gham
Rubbish what if she where permanently disable, would they sack her? do they refrain from letting Disabled persons into the shop for the same reason.
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Posted By Darren J Fraser
What a load of rubbish.
A chair could quite easily placed behind the till, out of the way of customers and other members of staff. Alternatively the person in question could be given alternative duties that did not require lots of movement e.g. paperwork in the office etc. These are 2 examples and if the H&S manager thought about it they could find an agreeable solution. If the GP has stated thated the IP is fit to work, then the company should look at adapting the workplace in the short term to accomadate.
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Posted By Tabs
If the shop is big enough to have a H&S manager, it should be big enough for customers to walk past a chair or stick!
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Posted By Ron Hunter
I eould expect more enlightened larger shops to be providing seats for elderly or infirm customers - this enlightened approach should surely extend to staff with temporary impaitment. The response you have been given seems discriminatory.
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Posted By peter gotch 1
Hi rks
There is a specific requirement in the Workplace (Health, Safety and Welfare) Regs for employers to provide seating where this can reasonably be use for part or all of someone's work.
As regards what is suitable, the Disability Advisors in Govt Dept whose name doesn't come to mind [I'm in Scotland where we have parallel rules!] someone else on the forum will probably hep.
Your pal's boss' reaction out of order!
Regards, Peter
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Posted By Tony Brunskill
I think this needs a little deeper thought. We are not fully aware of all of the circumstances for the shop. Nor are we aware of the duties that the assistant might be required to undertake in failure conditions i.e lead a fire evacuation or bomb evacuation.
The doctor has not said she is fit to undertake her duties. He has said that she is fit to undertake modified duties. I am unaware of any requirement on the employer in law to modify the workplace for an employee that is not fully fit, regardless of whether it is "good practice" or not. Exceptions would be if she was disabled. Her contract of employment may address other circumstances but again we are not privi to this information. Beware of firing from the hip on this one you could be on dodgy ground.
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