OH Assessments by employer

Hi Everyone, I’m new to the forum but I am really concerned my manager and hr are making my work-life difficult and feel I am being managed out! Last year I asked if I could work from home permanently not just two days a week due to bladder and bowel issues. I had OH assessment and was told i needed to work less hours, so I started working 4 days a week instead 5, but as money is tight in worked one extra hour each day so I only lost 3.5 hours of salary each week. I have made a few e-mail errors which are logged on my monthly 1-2-1 and told in a meeting on Monday that this is not acceptable. I have put this down to the long hours and asked to reduced my working day by the extra hour I had added on. Today they have said I will have another OH assessment saying “your current health condition we would like to seek confirmation from a medical practitioner again that this is the best way forward. and may have to look at other adjustments” They almost mentions "A Capability " meeting, I hit my cash % debt targets and feel I am being managed out. What can I do?

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First of all, welcome to the forum. I’ve got a few questions for you: do you have a diagnosis? Are you in a union where someone could help and advise with adjustments. Firms are legally required to make reasonable adjustments and it sounds as if you have been able to do that. Keep working on it, but get someone to help and support. Best of luck.

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Hi @MazB36 … this is a really interesting post. If it were not for your bowel bladder issues would you have managed your work load? Capability should only kick in if you can no longer do the job that you were employed to do. Under the disability act, you are entitled to reasonable adjustments perhaps as a business you working from home was one step too far.

I understand the pressure that occupational health apply, I have also experienced it, they couldn’t at the time understand the financial implications of reducing hours. Mine asked me to apply for PIP to make up the difference.

Have you got a union at work that you can chat to. Maybe you need to ring Citizens Advice Bureau and discuss your circumstances I think you need expert advice. Keep us posted as to how you get on.

Hi Maz
You’re in a delicate position and from personal experience, I’d say attack is the best form of defence.

I was in a temporary role for 3 months Jan-Mar which wasn’t extended. I realise that’s not the same as you but the “wish I’d done that” list will be similar. The truth is, I was struggling with the rigours of a full time job and sinking slowly and it sounds like you may be experiencing the same.

Write to HR, copied to your manager:

  1. Be honest: can you manage a full time job? If not, say so. For me, the problem wasn’t 5 days a week but the 8 hours a day. I needed a nap at some point to maintain concentration. Tell them you need to do less before they tell you.

  2. Don’t flatly refuse to attend the office. This is a real political hot potato presently, as there are possibly millions of office workers effectively refusing to return to their offices after lockdown - you don’t want to be lumped in with the refuseniks! State that you’re prepared to come in when necessary, such as team meetings & training, but the OH report will be supportive of you from a medical point of view. In practice, for the most part I’m sure they’ll accommodate you.

  3. All the points made need to be tied back to your MS diagnosis. Others will need reminding that it’s a degenerative condition for which there is no cure and meds can only slow its progress, with varying degrees of success. Your OH report needs to reflect this. Large companies in particular like to wave their “disability friendly” tags when in practice, individual managers can be frustrated by the inconvenience of having a disabled person in their midst.

  4. Remind them that you are still performing to target.

  5. @Rogue is right about PIP. If you haven’t already applied, then do so. Perhaps the OH could help you or at very least, write a report in support of your application. PIP is in part designed to replace income that you become incapable of earning.

At my previous employer, they had a disability passport, though sadly my tenure was over too quickly to make a difference. In conjunction with the appraisal system, and also if there were any internal transfers, the passport would go with you, documenting your capabilities and disabilities and documenting the progression from one review to the next. The emphasis was on employee retention and accommodating changing abilities, not to be used as a device to push you out of the door.

Good luck taking it to HR as a grievance.

Graeme

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Hi
Regarding your income, you may be able to claim the disabled component of working tax credits. That’s what I did when I reduced my hours, and it pretty much cancelled out the reduced income.

Also, get in touch with Access to Work. It’s a DWP thing to help people with disabilities to stay in work. They should be able to give advice, and maybe even fund things

Dan

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