to not want to go back to work after being off sick?

[PoesyCherish]

I've been off work sick for almost two weeks due to unbearable pain and work not paying any attention and refusing to make reasonable adjustments decide ridiculous numbers of face to face conversations as well as lots of emails involve my manager, HR and occupational health.

AIBU to not want to go back? I know the second I go back they'll be expecting me to jump right back in and will be piling on the deadlines as well as expecting me to catch up on the last two weeks work they've already been haranguing me via email to do things over the last week! but I know they won't actually change anything about the working environment so it'll take me a couple of days to a week (at most) before I'm back to unbearable pain.

WWYD? Sorry, I know this is a combination of AIBU and WWYD.

Oops. Sorry, lots of SPAG errors there.

Gosh this sounds horrible. Can you be off long term and use the time to look for something else?

What are occy health saying? Surely they need to agree a gradual return and reasonable adjustments before you're back properly? Can you get a fit note and specify what circumstances under which you can go back?

@Di11y occu health are saying they need to put in the adjustments and have been saying that for months, but ultimately they don't get involved too much. I've got a fit note for this week and I said to the GP I didn't feel able to go back this week and thankfully he could see how much pain I was in and agreed with me.

If I got a fit note which specified what I need to return, could I stay off until those things have been put in place? I know they'd need to buy things which obviously takes time.

@Immigrantsong in theory yes but I feel bad as then we'd be almost 100% relying on DP's wage. Realistically we can afford to live on one wage but we were hoping to spend the next year saving really hard before TTC. Mind you there's no chance of us actually TTC when I'm in this much pain so...

I'm the same. Signed off with specific issues, work is a major player in my health decline due to unmanageable workload, along with conflict at work. The condition itself also plays a part. Advice from OH has gone unheeded and I'm pushing my manager for a pre return meeting to tackle it. No-one should have to do that, it should be done proactively by the employer and the employee can then engage.

It's put me off going back but I have to financially.... 🙁

YANBU. Here's some and I hope if possible you can push them to do the right thing. If you want to stay of course!! Good luck, OP.

I suggest you check with acas or similar advice if provided through your company but I do believe your gp can do a fit note specifying not fit to return unless occy health recommendations are in place.

The problem with such issues is that no matter what OH says, the employer has to deem it as reasonable and that means that they can avoid a lot of what they should be doing. In my opinion when things are like this try to get out. I am on a similar path too.

@MissusGeneHunt sorry to hear you're in a similar situation to you too. That's a good idea about a pre-return meeting. Are they going for it?

Honestly, I hate the job but it's a job vaguely using my degree which pays well whereas a lot of the jobs I was applying for before I got this one were not related even remotely and paid a lot less. Although I suppose even the low paying ones were a lot more than SSP.

@Di11y I'm just having a quick read on the ACAS website now to see if they can suggest anything. Otherwise yes that's a good point about ringing them

Be very careful with the GP listing you cannot do the job without x, y and z because if they can't reasonably implement those, then you will be out of work by default. I would ask them to provide in writing why they cannot provide the reasonable adjustments and go from there. When companies have to put things in writing, they can suddenly be a bit more accomodating.

Hmm this is interesting on ACAS regarding long term sickness which they define as more than a week:

*You should:
think whether you need to ask the employee for permission to contact their GP, or whether they would see the company doctor, to assess:

whether the employee is disabled - if so, reasonable adjustments must be made so they can return to work*

Which sounds to me like they would have to make the reasonable adjustments before I return. Would you interpret it that way too?

@TrippingTheVelvet I totally get what you're saying but ultimately if they can't put things in place, I'm going to end up repeatedly being off work to the point where they're just going to get rid of me anyway :(

Yes but you will not be able to return at all if the GP writes that, leaving you with no options. Can you be any more specific about the adjustments or disability and I may be able to advise further.

@TrippingTheVelvet - sure I have a joint condition which causes me a great deal of pain when operating at a workstation that hasn't been setup ergonomically (which is the case in my current role). Adjustments would be things like ergonomic keyboard and mouse, more supportive chair etc. They won't even just buy the keyboard and mouse as a starter.

Basically access to work have been involved, they recommended things be put in place and in their eyes deemed them as reasonable adjustments. Occupational health said they agree with access to work and I need these things to enable me to carry out my job properly. But unfortunately work and HR are refusing to buy them and have been for months goodness knows why

You need to get yor GP to give yo a fit note saying that you are fit but with restricted duties. The more information you can get the GP to write on there the better. Good luck x

Ask them to put in writing why they are not providing them. Also contact the Equality Commission on their advice line. They will be better placed than the union and ACAS on disability rights. www.equalityhumanrights.com/en
Mention in the email to them you are seeking advice from EC and would like a written response as to how they are meeting their obligation under the Equality Act. Also state on it you have requested these accomodations on numerous occasions and so expect a prompt response.

Have you contacted ACAS? What is the legal position in you needing the items &!your employer refusing to fund them?

You've been in "unbearable pain" and are going back?
I understand that life is complicated, but if you're effectively swapping money for pain then it's time for a rethink.
Maybe it's time to consult m'learned friends.

OP there's a huge amount of good advice here, re the Eq Commission and ACAS too. My manager is calling tomorrow, and I would imagine it's about the pre return meeting date... I hope.

Keep us all posted, I hope it turns out OK for you.

m'learned friends @Disquieted1?

Thanks @TrippingTheVelvet I'll check out that webpage.

@RainbowsArePretty I haven't contacted them but it looks like according to their website they really should be putting things in place.

@MissusGeneHunt good luck with your manager

Okay so WIBU to email manager, tell him I'm worried about returning with no adjustments put into place and how I feel I'll just end up back in unbearable pain again in a short space of time. Are they able to put adjustments in place to match their obligations under the Equality Act as I have asked on a number of occasions?

The problem with such issues is that no matter what OH says, the employer has to deem it as reasonable and that means that they can avoid a lot of what they should be doing. In my opinion when things are like this try to get out. I am on a similar path too.

Me, too. My last OH referral request from HR was so far from the truth about my condition it may as well have been written by J K Rowling.

I suppose that's the thing isn't it @iklboo They obviously don't deem it reasonable otherwise they would have done it by now. Sorry to hear your last referral request wasn't very true to your situation.

I can’t belive they wont get you a suitable mouse & keyboard! I think ACAS is one way forward, and most likely the correct route, I know you really shouldn’t have to but if they got more difficult would you consider buying your own and taking into work?

I would send a version of the following. (Although in a hurry so SPAG is probably woeful).

Hi X

As I'm sure you understand, I am keen to return to work as soon as possible. As we are both aware occupational health and Access to Work made a number of suggestions for reasonable adjustments to allow me to return as safely and productively. I emailed/we discussed the issue on x, x and x dates.

I am concerned that these have not been implemented. Under equality legislation reasonable adjustments need to be implemented where possible. As a reminder the suggested adjustments were the following:

Mouse
Keyboard
Chair
Extra breaks
Reduced workload etc etc

Following advice from the EC/ACAS I would like to request a formal response as to whether the above recommendations will be implemented and if not, a justification in regards to each as to why it has been deemed unreasonable.

I look forward to a prompt response

Regards

Posey