Grievance - Sick leave and OH

[Arianasmummy]

Hi,
I'm currently on sick leave for work related stress. I raised a grievance against my employer under the equality act as i had not been consulted on major restructuring whilst i was on maternity leave. As a result i returned to a position of less stature and responsibility. In addition i was not formally notified of a team managers position for which i would have been the ideal candidate, their reason 'probably because i was on maternity leave'
I tried going to work whilst my grievance progressed but it became untenable. Working on a day to day basis with a manager you have raised a grievance against is not pleasant.
The stress is worsened as my employer is taking forever to complete stage 1 of the grievance. The ET judge has now set them a deadline of 6 weeks after which a court date will be set.

A new HR case manager contacted me yesterday, she was really nice, and on the phone i got a bit upset. I have since been contacted by my manager saying they want to bring in OH. Has anybody any advice and guidance on what OH can do to help, what can they offer etc.

Thanks in advance,
M

Hi M,

Sorry to hear what you are going through, it sounds a very trying situation, I hope you are as OK as you can be.

Do you have a Union Rep? A Solicitor?

Did the Doctor write "Work Related Stress" on your Fit Note?

My guess is that the HR person has advised your Manager to refer you to OH, mainly to cover themselves but this may also be helpful to you depending on what your OH Dept are like.

It is up to you whether you want to attend (but probably better for you if you do) and your manager should discuss what they will write in the referral with you first. The manager may formally ask for guidance from OH what they need to do to support you through this.

They will probably offer you Counselling for support, this is usually a six week course offered by OH. Waiting lists can vary. Although you can usually access this yourself without a management referral to OH.

Plus anything else that may be relevant to your medical history and or your case, obviously without knowing the details I can't really comment further, my guess is you will be offered counselling for support, as I mentioned above.

If they don't offer you could ask for counselling, if you go to the appointment, I would recommend you do this as you would then be seen to be proactive in helping yourself to recover from your illness, if you see what I mean?

Take Care x

Thanks for your reply coconut.

Yes i have Union support, they actually asked my manager to contact OH 5 weeks ago but he didn't.

Will OH tell my manager everything i say or is it confidential?

One of the things that was making me being in work difficult was where i sit. I have a foot rest as i have problems with my feet which are currently being investigated by the hospital Rheumatology dept. I cannot wear heels and even flat work shoes can make my feet hurt. A few weeks ago my manager insisted i move to a different desk (part of a carousel) where it is impossible to position the foot rest. His comment was 'you've been to the hospital now so theres no reason why you cant sit on the other desk'. It was the final straw for me.

Miraculously another job has just appeared in work, it could have been written for me, and i have been 'encouraged' by the Union to apply for it. Would going for counselling with OH prevent me from returning to work if i was to get this new position?

Thanks again,
Marie

Hi Marie, glad to hear you do have some union support.

It depends a lot on how your OH works, your manager will write a referral which they should discuss with you first, to check that you consent to a referral and the reasons why. The manager can ask for specific questions to be answered by OH, for example an estimated date of return to work.

You may see a Nurse or a Doctor, sometimes a Nurse may telephone you first to assess and make a convenient appointment time for you to go in and see someone of that is needed. Mention to them anyway what you have said about the foot rest, as that doesn't sound right to me based on what you have said, especially if it is upsetting you.

Your discussion with OH and any medical details including your diagnosis are strictly confidential, and you should be asked to fill in a form with different levels of consent first - you can ask to see the report before it is sent to your manager and then request any changes if you want to, although they will not change facts they may re-phrase stuff if you are not happy with it, before it is sent back to the manager.

The counselling is also confidential, and I very much doubt it would prevent you from getting another job, they are not allowed to ask about your health any more before offering you employment, and it sounds like you will get the job to resolve your current situation, so if it helps you, I would try not to worry too much. It is a positive move to seek help when you need it and you should have completed your six weeks by the time you started any new job, so they couldn't say you were not fit on that basis anyway as you could always put a positive spin on it if asked.

Good Luck with your application and I hope it all works out for you x