Does anyone work in HR? What happens if Occ Health say you're not fit for work?

[Greedybilly]

Just that really. Occ health at work have said im not fit and recommend reducing hours.( long covid ongoing nightmare)
Manager ( who has been great) saying this isn't possible or practical.

Do I hand my notice in or let them ' let me go' re benefit purposes? I've only been there 5 months and still in my 6 month probation period.
Any help welcome.thank-you

Doesn’t sound as though your manager will pass you on your probation anyway

Is it true the role cannot be managed part-time? Have they tried to fill the role on a job share basis? If they are not trying to make reasonable adjustments for you and you're disabled, you could have a discrimination claim.

Did OH say whether you would be covered by the equality act?

The role is already part time

Doesn't say re equality act.
Probation /work side going well but definitely making my health/condition worse so sad but need to leave and focus on health I think.

@Gymthenbrekdo you work in HR?

I think the best you can hope for is to negotiate a payment equal to any sick pay the company would pay you until the end of your probation, in lieu of notice. If you are a union member, involve your local rep.
You should allow the company to formally dismiss you, with the paperwork to prove it so that you have evidence to show DWP, when applying for long term benefits.

No

but I have been the decision maker on multiple probationers

It's likely that your long covid will count as a disability so they will have to ensure they've put in all reasonable adjustments to allow you to work. They shouldn't be able to dismiss you due to disability (even within probation period). But they also shouldn't expect you to work full hours where their occ health has said you are not able to do so. I think you should continue engaging with Manager and HR and being proactive with how you may be able to work that would balance what you need for health and what they need to fill the gap. They can dismiss you but will need to follow process.

@Schoolchoicesucks- thanks yes I hear what you're saying. I feel I'm resigned to stopping work for a bit to try and get my health back though tbh.

@Pearlstillsinging- this is what I am thinking is the best outcome. Thanks

@Schoolchoicesucks- the role is already part time.

Can you provide more context? How long /how many times have you been off sick since you started working there?
were they aware of your condition from
the start, so had the opportunity to provide reasonable adjustments?
is it a small business? By you not being able to work, how disruptive has this been to your employer?
it’s great that your manager has been supportive but if this has been really disruptive, despite adjustments and accommodation made, I would resign and concentrate on your health, so that the organisation can employ someone more reliable.

@BrackenandbraveDo you work in HR?

Why didn’t you ask @Schoolchoicesucks or @Pearlstillsinging out of interest?

Hi OP, I work in HR and even though you're still in your probation period they would be on shaky ground if they dismissed you because of your health because long covid could be classed as a disability. It doesn't mean they couldn't do it but I would take a dim view of any of my managers saying they couldn't at least trial the reasonable adjustments suggested by Occupational Health.

That said, it sounds like you don't really feel like you are well enough to be working anyway so if the best thing for you is to try to focus on your health and step away from work for a while then you should consider it. It may be worth you giving ACAS a call first to chat it all through.... they have always been excellent when I've dealt with them and they're free for you to speak with.

Given you already work part time… can you reduce your hours any further?

@GameOfJones- I really don't think they csn practically reduce my hours tbh. Happy to focus on my health right now.
Phoned Acas - long wait and then got an adviser with such a thick accent that I struggled to understand her. You can only ask for something to be repeated so many times.
Not helpful sadly.

Hi I don’t work in hr am a line manager though. Totally hear what you are saying, my advice would be let them work through their process & let you go, don’t resign as it will impact how quickly you can get benefits.

take care, long covid is awful x

@Homewithdd- yes! There's no big drama/dispute.
I'm 18 hrs currently but about 16 hours too much

@Flowersshinelikestarsthanku for just being kind.xx

HR here.
The kicker here is whether the long Covid is classed as a disability and if it is, whether your employer has made reasonable adjustments.
The word REASONABLE is important here. If you are only part time and you can only work a few hours per week it’s likely not feasible under business need.

this is all such a shame - they can’t dismiss due to you having a disability but they can lawfully dismiss due to genuine capability (if a process is followed) - which means that they feel they can do no more to accommodate your specific needs and recognise that it is just not possible for you to perform your role on a consistent basis. That’s what it sounds like here. Nobody needs to be at fault.

Without knowing more, it’s difficult to understand whether a job share might be an option but from what you’re saying, it’s all substantially too much right now.

It doesn’t sound like you feel unsupported- it’s just not practical for you to do this role given your current health.

I’d negotiate an exit on good terms. Consider if you might be capable of any other kind of work or if you need to seek disability benefits while you recover. Citizens advice might be helpful here.

wishing you all the best. If you can leave on great terms, it might even one day mean you can return there if you feel well enough.

@Homewithddmaybe read the thread? Jeez