Occupational health ...

[mrsjw17]

Hello

I suffer from POTS & Fibromyalgia.

I have recently been signed off work for 5 weeks now after catching a chest infection from someone at work which has knocked me for six & due to this my medical conditions have worsened.

I made my employers know about my medical conditions when I started working for them as I needed to ask about disabled bays.

I had a call from my manager yesterday stating they will get into contact with occupational health as apparently I never made them aware of my medical conditions (even though I have emails also as proof).
They're going to look into how my medical conditions will effect my job roll, if I need anything that will make working easier or if I'm liking to always have bouts of absence like this, if that's the case they will speak with HR & then the legal team to terminate my contract as they want someone who will be an asset to the company. Even though they've stated that my performance at work is outstanding.

Is this discrimination?

Do I need to get some legal advice?

Are they allowed to do this?
I understand absence isn't a good thing but with something that I have no control over it seems slightly unfair.

Worse this is I work for a pharmaceutical company!!!

I have also offered to work from home during these times & they haven't followed up with that?

If anyone could shed some light I'd be really grateful!

[spacefrog35]

Hi
It sounds like their communication with you hasn't been very good and I'm sorry this is causing you so much stress.

They could, in an absolute worst case scenario, decide that they were unable to continue your employment because of your health conditions BUT they would have to go through a process of demonstrating they'd worked with you to accommodate your issues. So this really is a worst-case scenario.

My advice would be to engage fully with their occupation health providers, be upfront and honest about how you work best and what you believe you need to be able to fully deliver the role. The fact that they're referring you to occ. health I would see as a positive as it shows they are prepared to take advice and try to do the right thing. They're paying professionals to try and help so they're invested in and understand the process.

If you feel that you're not being listened to then see if you can find a union rep or similar to support you. Good luck, I hope this turns out to be the positive experience for you that occupational health referrals can and should be.

[mrsjw17]

@spacefrog35

Hi
It sounds like their communication with you hasn't been very good and I'm sorry this is causing you so much stress.

They could, in an absolute worst case scenario, decide that they were unable to continue your employment because of your health conditions BUT they would have to go through a process of demonstrating they'd worked with you to accommodate your issues. So this really is a worst-case scenario.

My advice would be to engage fully with their occupation health providers, be upfront and honest about how you work best and what you believe you need to be able to fully deliver the role. The fact that they're referring you to occ. health I would see as a positive as it shows they are prepared to take advice and try to do the right thing. They're paying professionals to try and help so they're invested in and understand the process.

If you feel that you're not being listened to then see if you can find a union rep or similar to support you. Good luck, I hope this turns out to be the positive experience for you that occupational health referrals can and should be.

There has been no communication with my employer at all.
They don't show a lot of care to the employee's they just want the job done.
The turn over of staff is high because of this reason.

So would they have to prove that they've tried things before terminating my contract?

I've been told by family to see it as a positive but I think cause she mentioned about my contract being terminated I can't help but see it as a negative...

Thank you so much for your advice - means a lot!

[ICouldHaveCheckedFirst]

I've been a manager, and have referred several staff to OH, plus I worked closely with HR.

I agree that it's in your interests to cooperate with the referral. Phone /Zoom should be offered (due to current circumstances and your own current health).

Many people find it easier to talk to OH than to their manager or HR, and OH can be a huge support, eg arranging a phased return to work when the time comes, if that would be beneficial. If you want to work from home, make sure you raise that and discuss it with OH. Finally, OH should report back to your manager (and HR) and you will get a copy (ask for it, if you don't get it automatically).

One final tip - if you are asked to take action such as contacting your manager weekly, please do so.

[mrsjw17]

@ICouldHaveCheckedFirst

I've been a manager, and have referred several staff to OH, plus I worked closely with HR.

I agree that it's in your interests to cooperate with the referral. Phone /Zoom should be offered (due to current circumstances and your own current health).

Many people find it easier to talk to OH than to their manager or HR, and OH can be a huge support, eg arranging a phased return to work when the time comes, if that would be beneficial. If you want to work from home, make sure you raise that and discuss it with OH. Finally, OH should report back to your manager (and HR) and you will get a copy (ask for it, if you don't get it automatically).

One final tip - if you are asked to take action such as contacting your manager weekly, please do so.

Thank you so much for your message.

It was really helpful, so is it right in my manager saying that if OH can't help they will terminate my contract? Surely they'll try different avenues before going straight for that?

My medical conditions have never effected my job role it's just this bad chest infection which I'm struggling to get over. The doctor that I was seen by at hospital has questioned if I had a false negative on my COVID test - who knows is the answer to that one.

Just job is office based so it's not physically challenging for me so I think that will go in my favour. (Well I hope!)

I'm willing to cooperate with OH as I don't want to lose my job as I'm passionate about it & I really don't want to let my medical condition to get in the way of that as like I said it's never been an issue before.

I will make sure I get a copy of it all.

Thank you for the final tip!

[ICouldHaveCheckedFirst]

I can't answer your question - I don't have the specialist legal knowledge, sorry.

But if you were working in my organisation, all options (and there were many) would be explored in order to keep you at work.

Hope you get the support you deserve.

[ICouldHaveCheckedFirst]

If you repost your question in Employment Issues you may get a response from someone with actual legal knowledge.

[mrsjw17]

@ICouldHaveCheckedFirst

I can't answer your question - I don't have the specialist legal knowledge, sorry.

But if you were working in my organisation, all options (and there were many) would be explored in order to keep you at work.

Hope you get the support you deserve.

I'm hoping they'll go down every avenue before it come to terminating my contract.
Time will tell I guess!
Thank you - I'll post on there I didn't even see that option!

[mrsjw17]

Hello..

Just wanted to jump back on here & say how my occupational health phone call & outcome yet.

The lady I spoke with over the phone (a doctor I assume) was lovely, completely understood my medical conditions, was disgusted how my work have approached me regarding this especially as I would for a healthcare company.

She has apposed a number of things my employers have to do to help me as I come under the "equality act 2010".

I have a phone call tomorrow with my shift leader to discuss the outcome of what OH have said - fingers crossed she's okay... Wish me luck!

She always makes me feel anxious as she always talks down to me, almost like there's a massive power trip.

By the sounds of what OH have stated they can't terminate my contract due to this as it is medical grounds & it's 2 lifelong conditions I have.

I shall keep posted on my outcome.

Honestly all your words of advice have been amazing, you really helped out my mind at rest when it was constantly doing backflips! 🙂