Can anyone think of a good reason

(11 Posts)
NaToth Wed 03-Jul-19 13:17:52

Why the person from HR who is handling my grievance, should come with me to my occupational health re-assessment?

Long backstory and several posts, but I can't find them. I raised the grievance on the advice of ACAS and my union because the original OH report was incorrect and, as a result, my employer does not recognise my disability.

I've now been offered re-assessment and the HR lady is telling me when she is available to come with me. Is this usual?

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daisychain01 Wed 03-Jul-19 15:27:50

The easiest way of clarifying the situation is to ask the HR person if her accompanying you is company policy and on what basis she needs to attend that meeting.

It sounds intrusive to me. You need to have a private consultation with OH and then if you feel comfortable doing so, review the report produced by OH and agree to HR seeing the result. You do have a right to privacy, but it will be in your best interests to be reasonably transparent about the result of the assessment, because it means they are more able to support any RAs

I would be very surprised if HR insist on being present at the meeting, but it could be something in the HR policy on Disability.

flowery Wed 03-Jul-19 16:11:31

Never heard of that before. I wouldn’t be happy- it’s a medical appointment and you need to be able to speak freely to the doctor.

NoBaggyPants Wed 03-Jul-19 16:25:02

If I recall correctly, OH do not believe that you are covered by the EqAct, and you have issued a grievance because you believe that you are. Is that along the right lines?

Whilst it's not usual for HR to accompany you to OH appts, I expect she is offering so that you can all have a chat as to your/ their understanding of the EqAct definition and whether you meet it.

In normal circumstances I wouldn't agree to it, but in the given situation it seems sensible.

NaToth Wed 03-Jul-19 16:25:28

Hmm, we don;t appear to have a disability policy as such...

She's not coming with me anyway. I'm not having that.

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NoBaggyPants Wed 03-Jul-19 16:29:12

Also keep in mind that OH can only offer an informed opinion on whether your condition amounts to a disability. With a few exceptions, only a court can decide if an individual's condition amounts to a disability.

What are you looking for from the grievance? Do you feel reasonable adjustments could be made, and they're not currently permitting them?

maxelly Wed 03-Jul-19 16:39:25

HR person here. I have on a very few occasions organised a 4 way conversation between the employee, their manager, me and OH (and sometime the employee's rep as well). This has been either where there's a significant discrepancy between what the employee is saying about their condition, manager is witnesses/experiencing from them at work and/or what OH have put in their report, OR where someone (either the manager or the employee) don't fully understand or agree with the report and recommendations. Sometimes it is just easier to have a conversation all together than go back and forward with emails and referrals etc. But obviously the OH person would only share details with us that the person is happy with on the basis on their previous (private) referral appointment. I wouldn't ever expect as an HR person to sit in on the actual appointment and witness the examination etc. But if this has already happened and the re-referral is because you disagree with it, I wonder if your HR person is thinking more of my first example than the latter?

Malvinaa81 Wed 03-Jul-19 18:01:50

I would never trust HR- they don't act in the employee's interest and that's that.

They do not need to attend OH with you.

NaToth Wed 03-Jul-19 22:06:43

@NoBaggyPants , yes, it's me again. That's correct. OH said I did not have a disability because I had not been diagnosed long enough, which doesn't apply when a condition is lifelong. My condition has deteriorated markedly since my original assessment last October and ACAS advised me to issue a grievance before we hit a disability discrimination situation. Finally, now, it is possible for me to be re-assessed, but I wouldn't want to have Mrs HR sitting there while I am trying to explain how much more ill I am now because of their intransigence.

The case law says they cannot rely on the original OH report. They have to look at it in the round, but they just won't do it. I have asked for a couple of reasonable adjustments, but they have not been forthcoming. It's a complete nightmare.

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NaToth Wed 10-Jul-19 13:36:55

Just to round this off, I have now been re-assesses, OH have apologised to me for getting it wrong first time out and have given my original assessor additional training (apparently her DM was very ill in her home country to which she cannot return). A further report is going to HR, with the right conclusion, and a list of reasonable adjustments I will need.

I will deal with that in due course, but I will be complaining about HR's handling of this matter. OH could not understand how it had taken eight months to get back to them.

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NaToth Fri 02-Aug-19 10:09:33

The second report was spot on, so I've authorised HR to send it to my line manager and have asked my line manager for a meeting to discuss the reasonable adjustments that OH say I need. Silence. I fear this thing is not over yet.

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