Call in sick?

[Jaybee in CF]

Hi all,

 

 

I am a driver with a major high St retailer, about a month into the job but have already thrown out my lower back, it is a job that requires frequent heavy crates . I also have some foot issues so can't stand for long periods. My Doctor has signed me fit for work providing I neither lift, nor stand much, which rules out doing my job, unless I act as a pure driver for one of the guys.

 

 

My ideal outcome here is that I'm sent home as sick, on full pay, until my back is diagnosed, treated and strengthened - however long that may take. My contract stipulates I work from my local store so I don't see any danger of them sending me to sit at a desk in Head Office in London, and they probably wouldn't want to retrain me as a Cashier (which I'd really not want to do). Nor could they could send me out on the shop floor, which obviously would involve a lot of standing.

 

 

Bear in mind I'm in my probationary period, I've just passed the 4 week mark where, if they want to terminate they'd have to pay another 4 weeks, so it would be a tad uneconomical for them to terminate.

 

 

I guess this comes down to two questions...

 

 

1) Do I call in sick, and state I can't do my job? I had a brief chat with a guy who knows an awful lot about it and his advice was get the Doctor's note, and call in sick.

 

 

2) Should I put my negotiating cap on and maybe strike a 'buyout' deal of some sort?

[BazzaS]

"Bear in mind I'm in my probationary period, I've just passed the 4 week mark where, if they want to terminate they'd have to pay another 4 weeks, so it would be a tad uneconomical for them to terminate" : are you sure they won't just dismiss you, rather than have to pay you sick pay, then discover that you may not be able to perform the role as it involves lifting heavy crates, which you may not be able to do even after a return to work : they must be considering your suitability on capacity grounds?.

 

By all means try and negotiate, but going off sick at 4 weeks in isn't the strongest negotiating position to start from.

Are there any other factors in your favour : such as are the crates so heavy that they should be providing manual handling aids?

[Jaybee in CF]

Am I sure? Not 100% of course, but I get the impression my department is pretty short-handed, my manageress is texting asking when I'll return, as well as having asked my availability for O/Time.

 

 

I also happen to have a cold/flu (didn't get the jab in time) so have been off sick a few days already. I really don't mind that much if they DO terminate, but obviously I'd rather look elsewhere for better/bigger things ON the job, not off.

 

They do provide those stand-up trolleys but the crates still have to be loaded from the van onto the trolley, then off the trolley, often carried right through the customer's kitchen (often the case with elderly, as well as wealthier housewives, who make up quite a lot of our clientele.

 

Quite a few of the drivers have periodic back issues, so I doubt I'll be the first to present with these issues.

[sangie5952]

 

My ideal outcome here is that I'm sent home as sick, on full pay, until my back is diagnosed, treated and strengthened - however long that may take.

 

What makes you think that is remotely likely to happen?

There are a lot of people with ten years service and occupational sick pay that don't get a deal like that; and you have a month's service.

 

 

What you are entitled to, if you go off sick, is SSP or any contractual sick pay that you qualify for

- but I can assure you that unlimited full pay is not going to be on the cards.

 

 

You have a fit note - if you cannot be accommodated as per the doctors advice, then you are off sick. It's that simple.

The chances of being able to "pin" some back injury on your employer after a few weeks is pretty low, I would say.

 

 

And if you had a pre-existing issue that prevented you from standing, I am failing to understand why you thought this might be a suitable job for you - surely, even with the driving, it must have been clear that there would also be a lot of standing if you have deliveries to make?

 

Regardless of your probationary period, the employer can dismiss for almost any reason in the first two years; and significant sick leave is one of the most common causes for dismissal.

 

 

If you are not capable, physically, of doing the job, and take sick leave, then they are not likely to wait long before looking to terminate your employment.

[Jaybee in CF]

Which is fine with me!! I just don't want them making me work the notice, which they may try.

[sangie5952]

If you are signed off sick then you cannot work - notice period or not. I cannot see, if you have a fit note, why you would think they would try to make you work a notice period which isn't even in place. You have not resigned. They have not dismissed. And that is a very different thing than your "ideal situation" which was that they pay you full pay for an unlimited period whilst somebody looks at your back and cures it.

[Jaybee in CF]

If you are signed off sick then you cannot work - notice period or not. I cannot see, if you have a fit note, why you would think they would try to make you work a notice period which isn't even in place. You have not resigned. They have not dismissed. And that is a very different thing than your "ideal situation" which was that they pay you full pay for an unlimited period whilst somebody looks at your back and cures it.

 

 

I've accepted the ideal isn't a likelihood; let's move on.

 

 

From what I gather on my return they'll see I've been signed as Fit with advice, ie no heavy liftin/long standing, there'll be some horsetrading to see what other work I can do, given that they're a major retailer keen to maintain the appearance of caring for employees. Not being able to lift or stand much rules out everything except cashiering, which I imagine they won't want me doing if there's no further loyalty to them.

 

 

So one of two things happens:

 

1) They terminate

 

 

2) I terminate.

 

 

Either way, once a notice period is in place, my NEXT favoured outcome is that I don't have to work it, but am on full pay. However that comes about.