Work not allowing me back after accident

[midge61]

This is a request for a friend.

 

My friend had an accident in April while travelling home from work on the bus.

The accident left her with broken finger. The finger was strapped up and she returned back work without any time off.

 

Then in June she developed a nerve complaint linked to the broken finger which as lead to her being off work ever since.

 

Last Monday the GP said she could go back to work. The only problem my friend has is the movement in 3 fingers which mean there are 2 duties she cannot do . One is tucking in the bottom sheet on the bed and the other carrying luggage downstairs.

 

Her employer says they cannot alter her duties and has refused to allow her back to work. The GP has reluctantly signed her off for another week but after that there is no reason in the GP's mind for her to continuing to sign her off.

 

She is now feeling that she should just resign and give up. Can her employer insist on not allowing her back?

[Jimbo44]

Hi midge61

 

In essence if your friend's GP says she is fit to work and signs her "well note" then she has a right under common law to be paid her wage by her employer.

 

A person willing to work has a common law right to be paid.

 

If she is a member of a trade union I suggest she speaks to her shop steward/representative who will be able to guide her in making sure the employer complies with the law.

 

As an aside, you say your friend was injured on a bus. If the accident was in any way "caused" by the bus company I hope she is pursuing a claim?

[midge61]

hi jimbo

 

My friend as a solicitor dealing with the injury claim.

 

Her boss sent her a letter on Tues saying that they could not alter her work duties and therefore could not allow her back. Her problem is that she is on ssp not work paying her so she is frightened that if doc doesn't give her any more sick notes then she will ave no money coming in.

 

She is not a member of a union. This is a charity that is employing her.

 

Thanks for your help

[midge61]

Hi

 

Has anyone else got any advice please.

 

Thanks