Occ Health Report

[EnglandKeepMyBones]

My husbands job is on the line.

A few weeks ago he was pulled into a meeting with HR to say that his line manager wasn't happy with his work. Upon reading the statement he has admitted that some of it is most likely true (distractible, unable to concentrate, not doing his best work) other things are false (and provably so). But he has been there less than 2 years so pretty much irrelevant.

However, he does have both dyspraxia and dyslexia. He mentioned this again during this meeting (disclosed at employment start but they had 'forgotten', luckily he saved the email) and they decided to refer to occupational health to have a report done.

The report has come back stating that the issues they have raised are more than likely caused by depression and severe anxiety which has reduced his coping mechanisms for dealing with his LDs on a day to day basis, and that the equality act most likely applies to the situation given the information.

He is depressed and anxious, has been for well over a year due to a series of shit in our personal lives, including our youngest being in and out of hospital and extremely ill. Since the occ health report came through he finally decided to deal with it and has been to the GP, will be starting councilling, has blood tests booked in etc.

The HR woman dealing with it has now gone on holiday so it won't be dealt with for another week (he has already been off work - suspended with full pay - for 3 weeks and each week makes him more anxious). What is likely to happen now? Are they likely to keep him and implement the reasonable adjustments suggested? Or are we completely fucked?

What is their rationale for suspending him on full pay? That's normally an action taken when there is a serious disciplinary issue or breach which is under investigation. It seems incompatible with his Occ Health department recognising that the Equality Act is applicable.

I don't think he's doomed, but I believe he does need to get a position from his management and HR where he stands and whether they will put the reasonable adjustments in place. If anything he can take comfort if they are talking in terms of RAs because it shows they are abiding by Equality laws and giving him support.

Sorry about your DC, hope all is okay.

This happened to dh who also suffers from depression and is dyslexic. The oh made recommendations to reduce anxiety and a time management course.
The problem actually was a new manager who was trying to make his mark, very long journey to work and a mid life crisis.
They made dh redundant in the end , legitamate need to reduce staff, but it worked out for the best as dh found a job locally which has been a stepping stone to a job he now loves.

Daisychain - They don't have their own occupational health department, it's outsourced. He was suspended with full pay while they waited for the appointment, which was over a week ago. He received a copy of the report last week which is why we know what it says (the GP that conducted it also told him during the appointment). HR only received a copy yesterday but the person dealing with it is on holiday, so won't have seen it.

bruffin- I'm sorry you went through similar. It's rubbish isn't it? The RAs include things like getting the company to actually write documentation for projects (which they should do but nobody bothers, which means things do take him longer to finish), she also said because of his anxiety he won't be fit for work for 4-6 weeks and needs a staggered return. Not much is helping with his anxiety when this is still unresolved though.

Well it sounds like they can't just get rid of him, they will need to work with him to make adjustments and monitor his progress.

The fact that he's considered to fall under the remit of the Equalities Act is a good thing. It basically means that if he's dismissed without Ra's being implemented he can claim disability discrimination at a tribunal. His length of service doesn't affect this.

I'd be surprised if they don't implement some ra's tbh.

Forgot to say in that employment, the registered dh as disabled.

HE here. I suspect things are a little worse at work than he has disclosed if he is suspended on full pay. There is possibly a fine line here between negligence and capability.

The EA covers therefore they are legally obliged to make adjustments to ensure any potential dismissal is safe.

He needs to be straightforward and honest with all concerned. Have a straightforward talk about support and/or redeployment. If neither possible negotiate a settlement agreement four months pay plus notice sounds about right. This is potentially painful for all concerned not least him.

If they want him out, with the diagnosed disability it will take them 4-6 months in any event unless there's a serious disciplinary you don't know about. He needs to cut his losses. They need someone who can do the job.

Thanks all.

Ohtheroses - I do appreciate what you're saying, but I've seen the statement that his line manager gave and there was nothing disclosed that makes it worse than it appears. He also had an annual review two months before this (which I have also seen) and it was glowing. Nothing at all about being incapable of doing the job which is why this isn't something that we get prepared for.

If you don't mind me asking England why is he suspended. What exactly does the suspension letter say?

The statement from the line manager said that he needed to be moved from the current team or removed from the company. A basic outline of the issues were lack of urgency, no ownership of work, substandard work and only working his 40 hours a week (they like people to work overtime, which he does but at home - which was previously agreed with the manager, in writing, due to DDs ill health). There were a couple of specific project issues which revolved around deadlines being missed which is a whole team responsibility but which he admits he did have a hand in - there is a problem which he has raised with this manager previously of documentation not being completed within the company. Due to his LDs he does have memory and processing problems, he's never had issues in previous jobs as they've always maintained the industry standard documentation which allows him to deal with it appropriately. This company don't. He had previously explained that without he documentation he is working slower and finding it more difficult.

DH isn't blameless in this. He has been suffering from anxiety and depression for a while and not done anything about it. He's a shit for burying his head in the sand. And the Occ Health pretty much hit it on the nose when she said that the mental health issues have removed his ability to cope with his LDs, when he is okay emotionally you wouldn't be able to tell he has any learning difficulties as his coping mechanisms are so good. I also have some sympathy for the line manager, he needs someone who is working well, relying on someone who isn't working at their best is awful.

Okay, I'm not dressing this up. It's negligence and possibly will be treated as a disciplinary issue. They've paused because of the EA. They will consider a move, if it is available as a reasonable adjustment, all they have to do is evidence a hard look for one. If he resigns now there could be a case for constructive dismissal.

They won't want this dragging on any more than you do and they'll need to replace him.

He needs to write a conciliatory letter to who ever is in charge and ask to settle as collaboratively as possible with an agreed reference. Go for three months salary bearing in mind the declared disability plus notice plus accrued annual leave.

Sorry if that's brutal but it should give him time to sort out his depression and get something mindless while he does.

Thank you roses, it's helpful to hear it like that, I don't particularly do well with frills.

It's a long shot but you wouldn't happen to know of anywhere online that has a template for such a letter do you? I do think leaving is for the best.

OP; you need to speak to @flowery, she is the Mumsnet HR guru and gives excellent, accurate advice. Hopefully the @ thingy will work and she will see your post.

Justmum thanks! Any and all advice is welcome. We're waiting to hear back from the legal helpline from his professional body too, so I promise not all of my advice is coming off the Internet!

She really knows her stuff so I would reccomend getting her advice

England the fact his Line Manager has said "he needs to be moved from the current team or removed from the company" does not bode well. They may well be building up towards making him a Settlement Agreement, but because of his LD they have to go through the process. At the end of the day, it sounds like the LM has disengaged.

If I were your DH, I'd take every bit of support they give and buy some time to think about his future. He cannot afford to bury his head in the sand, he does need to make some decisions, but use the time he's signed off to do some web searches to see what other opportunities there are out there.

He shouldn't resign, play a waiting game in case a Settlement offer is made for an amicable parting of the ways At least he will be clued up on his next career move. It could be the clean start he needs which will help his anxiety if he starts afresh in a new company.

Yes flowery is the best . Hope she sees this thread!

Thanks daisy. We spoke again about it last night and he doesn't want to go back, he isn't going to hand his notice in yet though. He's been told from Occ Health that he should get a sick note from the GP so when things start moving again he will probably do that as a temporary measure while we figure out what to do next.