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Posted By energy saver
Good Morning
I have had a long meeting with an employee who has a bad back so we changed his job to more office based activities, he wants to go back 'on the tools' so to speak and has said he would wear a back support and sign a disclaimer about his back. I do not want to allow him to go back to his old job as it was that which caused his bad back in the first place. He said he cannot live on the wage he is getting from office activities. I have been through the health v wealth but he is not budging, any ideas?
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Posted By Terry Dodds
I wouldn't be happy allowing him back on his old job even with a back support.Do you have a company doctor you could send him to and get his opinion
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Posted By Squirrel
I agree with Terry.
You might want to think about arranging for the employee to see an Occupational Health Nurse/Practitioner. They should be able to provide you with all the information and advice you need.
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Posted By Jim Walker
Disclaimers (of any sort) are not worth the paper they are written on.
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Posted By maria featherstone
A disclaimer holds no weight if this turns nasty and enters a legal row.
Consider making him a generous golden hand shake and find someone else.
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Posted By Lee Mac
I have HEARD the same about Disclaimers holding no weight, but can anyone actually give legal proof of this?
It makes me wonder why bother with them at all if there is no legal weight to them.
Lee
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Posted By anon1234
Why have you reduced his salary?
If the back complaint is as a result of the work then he will clearly have a case for loss of earnings etc
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Posted By Chris121
Also, the manual handling Regs ACOP states that there is no conclusive evidence which supports the claim that abdominal and back support belts help reduce the physical demands of the task and risk of injury.And some evidence suggestes that wearing a belt may make particular individuals more suscepitable to injury. The effectivness of back belts to reduce risk, therefore remains controversial.
I would not be happy with a discliamer to fall back on either. Could it not be possible to get some information from the chaps doctor to ascertain the extent of the problem and assess which activities within the workshop may be suitable?
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Posted By holmezy
I agree with Chris,
back supports can do more harm than good. I've known people happily lift items whilst wearing back supports, only to find that when they take the support off, the injuries sustained are realsied due to the lack of support. Back supprts tend to give people false confidence, in my opinion.
Bit muddled, but Im sure you get my drift.
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Posted By cara
Yes why has his salary decreased? Did he agree to this at the time?
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Posted By energy saver
Hi all
Thanks for comments. Again very helpful.
Yes he did agree to new salary/post.
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