To think that you must be able to cite capability after 5 years

[Edenspirits]

Someone in my work has a long term health condition which I have huge sympathy for (it’s bipolar plus other mental health issues) but it means that over the last 5 years, they are off work for approx 6 months of the year.

They don’t want to go part time but it seems fairly clear that they can’t sustain the role but work have said that there is nothing they can do. It’s putting an enormous strain on the health and well-being of everyone else as we have to fill in that work & pick up the gaps.

I have huge sympathy but aibu to think after 5 years, there must be some kind of capability issue here?

I would add that it’s full pay for those 6 months so there isn’t a budget to get anyone else in to plug the gaps

Does the company have an Occupational Health Unit? I would have thought that if they are taking 6 months off sick each year and this is seen to be a recurring illness that is clearly affecting their ability to carry out their role, that there would be capability issues here.

No disrespect to people with serious illnesses but your workplace is wrong.

A business does not have to accommodate unreasonable levels of absence, 50% attendance is obviously unsustainable. The usual route to take would be a non fault severence on medical grounds.

Of course, if their policies are badly written then they could still come a cropper at tribunal.

If this issue is directly affecting you at work, I'd first ensure you read up all relevant policy documents before approaching the management. It sounds like you have a legitimate grievance if you are struggling to absorb the extra work.

Yes there is occy health but they are pretty ineffectual to be honest. I feel like everyone is so worried about litigation that they won’t do anything. I just feel tired of it as it’s affecting my health as I am so stressed with the extra work and I am not the only one. It’s like ‘the thing we can’t talk about’

I was let go after 18 months which was absolutely fine by me, I couldn't do my job and there were no adjustments that could be made to accommodate me, and they weren't even paying me, I was on SSP.
I'm surprised your company have let this go on for so long, its madness.

@IHaveBrilloHair there have been adjustments put in each time- phased return, staggered starts etc etc but the cycle still continues. One of the arguments was that work from home would help but even during lockdown it hasn’t. I just feel like we are not allowed to talk about it but it’s really affecting everyone else

Is this public sector by any chance? This happens a lot. You should not be expected to take on the work load of the person who is off sick and this is what needs to be addressed here also.
I agree with the previous poster to read through work policies and then approach management - if there’s a few of you who feel the same, do it collectively. HR can do something about the frequent long term absence and the impact it is having on that role and others.

@NinDS how did you guess the sector.....

I had this in an old job, HR didn't want to face any legal issues for letting someone go on mental health grounds so the team had to deal with it. It was awful. I solved the problem by leaving the company after a year! If they haven't done anything about it in 5 years they aren't going to. I would try and move teams/companies if you can.

@user1471434829 I know- I enjoy my work & have great colleagues etc tho. I don’t want to leave but feel in an impossible situation

I’ve just read your last post. It seems like they are trying all avenues to help the person back to full time work with little or no absence and from my experience of working with HR (not in HR) this is the route they always go down before looking at any capability/dismissal procedures. They have to be seen to have done all they can. It is very frustrating for those picking up the work load like yourself, which is why your health and additional work load needs addressing regardless of what is going on with the other person.

If it’s local council I would have thought they would have had a budget set aside for absence cover, if it’s education they most likely will have staff absence insurance which would pay for any additional supply to cover the person who is off absent.

Public sector or not this screams of poor management. OH can only advise a manager. Hard to believe this person is on full pay for all sick days

@pinkpantherpink Public sector sick pay is 6 months full pay, sick months half pay, once you have been there over 5 years. But if said person comes back to work for 6 months after 6 months full paid sick leave, the cycle starts again.

Your workplace are being spineless. Their offer of part time work would be considered a reasonable adjustment, so they have tried. Having a member of staff on sick leave for six months per year is not a reasonable adjustment any organisation would be expected to make. I would be just about certain that they can fairly dismiss on capability grounds.

@Edenspirits Just to clarify, is this person taking 6 months (or there about) off in one go or is this made up of several absences that add up to approx 6 months in total?

I have a friend who really suffers with bipolar in a similar way and is off sick for a few months nearly every year. I often think it must be hard for her colleagues and the trainees she has (in the NHS), but ultimately, her work is one of her few reasons for keeping going. Plus, the NHS is one of the few employers that will keep her on and give her sick pay when she needs it.

Can I just say I appreciate that you have helped this woman stay employed for five years by taking on some of her work? That's all. No advice, but I can see how frustrating and tiring it must be for the rest of your team.

@NinDS it’s a mix- some years it’s a 6 month block, other times it’s 3 months in, 2 months out, another 3 months off. I know it’s an unpredictable condition and I get that but it’s also hard to plan, to sustain projects etc. The impact is huge

I would argue it is a medical reason, and from what little I know about the condition, probably not treatable.

The person who mentioned fear of litigation probably is correct.

I'm a public sector manager (police) and this would be allowed to go on for about a year, maybe 2 before action plans should kick in and if it carried on for 12 months the after that they would most definitely be redeployed to a different role or potentially face disciplinary/unsatisfactory performance and being sacked.

Sounds more like soft, ineffectual management to me, rather than a policy issue.

@NinDS

Is this public sector by any chance? This happens a lot. You should not be expected to take on the work load of the person who is off sick and this is what needs to be addressed here also. I agree with the previous poster to read through work policies and then approach management - if there’s a few of you who feel the same, do it collectively. HR can do something about the frequent long term absence and the impact it is having on that role and others.

I get so tired of this whole "it's easier in the public sector" thing. Yes, some public sector employers might not do anything. Some private sector employers wouldn't either. I work for the public sector and I can guarantee you that if someone was having six months off every year with the same condition, we would have dismissed by the second instance.

The way to approach this is collectively (through the union if you are in it). It is not about whether she is off sick or how frequently, so avoid making it about that. Make it about the work, what the barriers to the work are, and how the workload is impacting on your health and wellbeing. What the employer does about her isn't really your business, but what they do about you is!

This happened in my workplace too. The effect on the team was awful, unmanageable work loads and low moral with a feeling of hopelessness.

Can I just say I appreciate that you have helped this woman stay employed for five years by taking on some of her work?

I understand what you are saying but when a team has picked up 50% of someone's work for 5 years what about their mental health? In my job we are flat out all the time and we would not be able to absorb this without getting seriously stressed out ourselves

[quote NinDS]@pinkpantherpink Public sector sick pay is 6 months full pay, sick months half pay, once you have been there over 5 years. But if said person comes back to work for 6 months after 6 months full paid sick leave, the cycle starts again.[/quote]
Which sounds a bit too convenient that their illness seems to be problematic for 6 months and fine for the other 6 months

I second that. Flag the issue with management anf unions. Make it solely about your workload. They need to plan how they are going to cover her absence properly.