PND and Occupational Health

[tiredandweepy]

So, I have PND and been on antidepressents for 18 months. My boss sent me to Occupational Health. They were very nice and suggested that stress levels in my role should be reduced. They recommended a slight alteration to my duties and suggested a reduction in my hours to aid a successful recovery. (I usually have to lots of unpaid overtime)

This advice has been disregarded. I am functioning and doing a good job but really I am only just coping and constantly feel on the verge of a breakdown.

To make matters worse, several people have left and I also have some of their duties to cover.

Sometimes it is a struggle to get into work as I am so tired due to my workload.

Is there anything I can do or should I just leave????

Yes there is something you can do. Depending on your organisation you could try the following:

a) Speak to the person responsible for health and safety. If you have an occupational health department there'll be someone for Health and Safety. By disregarding the medical advice there could be in breach of their duty of care and to provide a safe working environment.

b) Raise a grievance outlining the changes suggested by occupational health are not being followed through and that your current workload is unreasonable and making you ill.

What I would do, is probably b) and cc in Health and Safety and HR.

I'd also go and see my GP.

I never thought about H&S, i'll try them and raise the grievance.

I am reviewed at my Gp's quite often. They have just altered my medication again and I see the counsellor at the surgery.

I went to occupational health more than once and they wrote to my boss each time, outlining the concerns for my health.

Do you think I could get signed off until they do something? I thought it better to go into work in case my depression became worse sat at home. It is getting worse anyway though and I feel terrible.

You can sign yourself off for a week and then your GP may well sign you off for longer. I think you'll also start to feel a bit better when you're doing something.

GP did offer to sign me off but was worried they would try and sack me through the capability process, people come and go all the time.

It takes months to dismiss someone through the capability process (believe me, I know!) and if you have suffered with depression for over a year or you are expected to suffer for more than a year and your condition has an adverse affect on day to day activities you will be given a degree of protection by disability discrimination legislation.

How long have you been diagnosed with depression?

18 months

You may well be covered by the Act then. Have a look here: www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

If you meet the criteria then the adjustments recommended by occupational health should be treated as a "reasonable adjustment" in which case you are in a stronger position because all of the above still applies but you also have protection because of your disability.

Boss said they have to read the reports but are under no obligation to implement them. My GP said they are stupid for ignoring the recommendations and thought they would agree to a reduction in hours. (I was off for a few weeks before the initial OH appointment as could not function at all).

GP has offered a fit note stating I am only capable of reduced hours - usual practice is whenever anybody is part time they still get a full quota of work and end up working full time hours anyway, so this would not help!

So I could go off until I feel better and until they get some staff and they would have difficulty in trying to take me through the capability process... think I will. Cheers!

So they sent you occ health but aren't going to listen to the recommendations . Has your boss said why not? Is it because it said a reduction in hours and he feels the business can't cope with that? Is it because he can't see where the dries could be reallocated?

He is silly really because he is daily to make any adjustments and this will only make it more likely that you will have time off work.

It's sounds to me like they might try to take it down that road, then the DDA would form part of your 'defence'. Out of interest what did your occ health report say re the DDA? There is normally a bit where it says if the illness is likely to be covered by the DDA.

• daily should read failing, bloody iphone

Basically I was told I do the job or get redeployed. Going to OH is just procedure. Staff start and leave all the time due to the poor management and excessive workload. So they want me full time so I can keep doing my own work and covering other peoples who have left. There is actually no valid business reason why I could not reduce my hours.

The reports do not mention the DDA. It states clearly the adjustments that could be made, at no cost to the employer and outlines a different working pattern where I would only need to reduce my hours by a few each week.

It says that I should constantly be reviewed by managers to check i am coping etc. This has not happened either. In fact, I have emailed them to say how much I am struggling. They have increased my workload since I went to OH and we have moved locations which has added additional travelling time onto my day which does not help when one of my main symptoms is constant tiredness.

Out if interest is it a large company?

There will be peopke with better advice but mine is to raise a grievance, they are adding to rather than reducing your stress and doing nothing to support you inspite having been told to do so by your gp and oc health.

I still think you should make a grievance. It can't make things any worse can it?

The reports won't mention the DDA if they've been written post October 2010 as it's been superseded by the Equality Act 2010.

I think you should mention that they have a duty to make reasonable adjustments under the provision of the Equality Act 2010 and that by failing to implement Occupational Health's recommendations they are failing in their duty of care to ensure your health and welfare at work.

It is a large company. The OH report did not mention the Equality Act either but that is useful information. My grievance is in now so fingers crossed! I have copied HR in and once I find out who the H&S person is I will forward it to them too.

The reports won't mention the DDA if they've been written post October 2010 as it's been superseded by the Equality Act 2010.

You can tell when I stopped HR work can't you

Op - try looking on the h&s posters at work quite often they'll be a reference point on there.

If it's a large company I would expect that to get things moving purely because it's out of his hands and if getting oc involved is procedure I doubt the company will see it as procedure to ignore it.