Employer lied on OH referral!

[itseleven]

Hello,

I saw an OH doctor this week due to being off long term (3 months now) with work place stress. It was fine and he seemed nice and understanding. When I got home afterwards I asked my HR department for the referral documents. I received them today and I'm shocked at the background information they provided the doctor with.

They have split this out in to a time line and some of the points have errors and outright lies. I've been quoted a few times, not important things but 'itseleven said she was really enjoying her job' on xxx date. I don't know if I said that or where they got that from but the worst one is being quoted saying a really odd phrase. Its a saying that I hadn't even heard of and I had to Google it. It completely changes the feel of what I actually said.

In other places they have omitted information, one being my boyfriend called in on xxx date to say I was 'sick'. He called in and spoke to my manager and explained that he thought I was having a breakdown due to everything that was going on at work. His conversation wasn't even mentioned.

There are many more, it has been made to look like a trivial situation and I'm over reacting when in fact I made a serious complaint a few times about behaviour I had witnessed in the workplace. This has been changed to make it look like I couldn't cope where I was sitting because it was a lively atmosphere! WTF?!

I am so mad right now. I've spent the past 4 hours writing everything out in a word document. Its pretty long so it will have to be cut down and also probably looked at tomorrow when I am less angry.

As I didn't see this before the appointment I had no idea the doctor wasn't aware of the situation at work. He might think I'm stressed about a trivial situation when its been ongoing for months and could affect his report. For example I had 2 panic attacks in the office before I went off sick and neither of these incidents are in there!

What can I do? I plan to send a very strongly worded email to HR, I'm not even going to beat around the bush about it, I'm going to come out and asked why they lied.

I called ACAS and its company policy how they deal with OH referral's and if there are any mistakes I can contact the doctor. I don't believe these were 'mistakes' this was outright misinformation and lies.

Is there anything I can do about it or do I just have to send my email to HR and swallow it? My job could rest on the decision of this doctor's report.

This is the latest in a catalogue of crap they have put me through since I have been off.

I'm so mad!

Any advice would be helpful

Thank you

I think it would be wise to get someone else - a sympathetic but level headed person - to look at their version and yours. You might be interpreting things in light of your feelings.

Other than that I dont know what to suggest. Im sure someone else will be along shortly.

If you've been signed off for 3 month, it is understandable that they are looking at the situation closely, as part of their absence management process.

I'm not suggesting they were right to put inaccurate comments in their paperwork, nor that your stress/anxiety isn't impacting on your ability to return to work, but they are probably not particularly sympathetic to you, and this is coming out in terms of negativity in how they are reporting your absence.

If you've worked there under two years, the reality is that they could be building up what they see as a strong case to justify asking you to leave, to fulfill their process. If you've worked there more than 2 years, it is all the more important from their perspective to gather facts (as they see them) on your file.

What can I do? I plan to send a very strongly worded email to HR, I'm not even going to beat around the bush about it, I'm going to come out and asked why they lied.

Don't send an email like that if you want to retain any goodwill with your employer! Will you be ready to return after 3 months? Do you want to return? If so it would be best to give them some positive signs of that, and reassurance you're getting better and are motivated to return, even if it's a phased return. If you accuse them of lying, they will be more inclined to give you a really hard time, and sending that email is effectively burning your bridges.

Do not send the email yet. And do not use the word lie (yet). Good advice above to get someone else to review both documents. Do speak to ACAS. If they say to respond to the doctor send a bullet pointed letter. Make it factual, unemotional. Eg date 1/12/17. Absent from work. Boyfriend called in to report nervous breakdown symptoms. Doctor won’t read s rambling letter but a clear, bullet point letter is easy to review. Good luck!!!!

Employers are always going to play down stress at work, to limit their potential future claims.

Thank you for your replies. I've worked there over 8 years and since I have been off its been a nightmare. The reason I'm off is not actually due to the day to day job, I actually enjoy my work. I raised some issues about some of the directors and the treatment of some of the staff. I've seen some horrible treatment, been at the receiving end of it after months I couldn't take it anymore. None of my concerns were followed up with me and nothing changed. The worst thing about the situation is that its only been going on for over a year, before that the company was great. I can't understand the change, it may possibly be financial.

Do I want to go back? The way things stand (I've been told its got worse) absolutely not. If changes can be made to get everything back on track, 100% I would want to go back.

What has really made me so mad about this is that by withholding information how can this doctor do a valid report. I was hoping that he would suggest some reasonable adjustments be made and a get started on a back to work plan. I feel cheated.

My letter is so ranty and all over the place but I just feel like I needed to get it down. I'll get someone else to make it presentable tomorrow or after the weekend and probably cull about half of it.

I know they don't want me back, they already offered to pay me to go. I just feel like I'm fighting a losing battle, I haven't done anything wrong and I've actually felt worse since I've been off, I'm meant to be getting better.

Oh what a mess!

Have you got a grievance policy at your work? Have a look at this as it may be a better route to go down.

Don't make any decisions whilst upset. Look over your document with someone impartial tomorrow or when you are ready.

If you do raise a grievance try and include dates, times and specifics.

Be realistic about the outcome of this - it may be that your relationship with your employer will be ruined if you risk raising your concerns so make sure they are worth raising before doing so.

Op, would it be useful to see doctor again? To help explain some of what’s been said?

Agree do not contact HR and avoid challenging lies, have you Union support/ solicitor etc?

What is the outcome u want?

OP, to spend four hours on a long, ranty document does sound a bit over-the-top. The company seems to have changed and you are not going to be able to change it back to the way it was.

You could send a - short - email to HR saying you dispute the timeline they provided, but I suspect that the OH doctor that you saw would have asked you any pertinent questions that they wanted to after reading it. Is there something that you feel the doctor didn't cover in your appointment?

I was struck by the fact that you say you feel worse since being off which does not point to it being work-based stress.

After eight years, you have the right to go to an employment tribunal if they sack you. However they can sack you if there is no reasonable chance of you returning to work. They would only have to give notice, eight weeks', I think.

Do you think there is any chance that the problems can be sorted, or is the culture of the workplace broken?

Could the bad treatment you have suffered be discrimination on sex or other grounds? You might have an employment tribunal claim, but the time limit for that is three months from the date of the last incident.

Don't accuse them of lying, yet. Do make sure you make a record of all objectionable incidents.

It seems early to me to use an OH doctor. Don't assume anything based on his manner, that it is pleasant does not mean that the report will be to your liking.

At an OH appointment the OH doctor should have asked you about your health and any contributing factors. Even if he didn't ask, it's your responsibility to tell him everything relevant to your case.

Did this not happen? Do you feel that you didn't tell him everything he needed to know?

Based on your latest update, especially

I know they don't want me back, they already offered to pay me to go

I would say you are amenable to a 'protected conversation' and find out what they have in mind as regards a pay- off. If they are prepared to do as an ex gratia payment it will be tax-free up to £30K. As part of the agreement, get them to give you a bland work reference.

Once a working relationship has soured to the extent you describe, it cannot be retrieved. Better to have a reasonable lump sum of money and be able to move forward in your life, especially if they are amendable to helping you out the door. The agreeement would have a confidentiality clause so they wouldn't divulge anything to a future employer including your sick leave.

Putting in a grievance at this stage unfortunately prolongs the agony and won't give you as good an outcome ime.

Sorry what I meant to say was " I would say to your employers you are amenable ...." etc

I've just seen your update OP- take the settlement.

If you don't they will just try to find a reason to get rid of you which it sounds like they already are.

Imagine yourself in 6 months time. What do you want to be doing? Where do you want to be? I am sorry your place of work
is toxic but think about yourself. Do you really want to fight, or go with a good settlement, agreed references etc.Tribunals are horrid and stressful. Good luck what ever you decide.

Agree that it might be best to take the settlement and an agreed reference and find another job in a nice environment.

Working in a horrible environment, raising grievances and making ET claims is very stressful and you'll just be miserable and from your OP it doesn't look like it will be easy to resolve matters and get the outcome you want.

Thank you for all of your lovely replies. The reason why I feel worse after being off is because I’ve been hounded by them. When the money was offered they kept calling leaving voicemails and I felt so pressured I said no. I suppose that it’s made me sad that I worked somewhere for years and have always been praised for my good work and the first thing they want to do is make me leave but that’s what you get for rocking the boat, even if it is for the right reasons. I have spoken to my husband and it’s making me feel ill. I wouldn’t take them to a tribunal because it would would be way to stressful. I need to get over the fact that it’s not the lovely place I started working at all those years ago. I need to put my health first.

Writing an email for 3 hours and then thinking about it alllll night is crazy. I need to get back to normality. It’s nice to see everyone’s input and different points of views which I haven’t had because I haven’t really discussed it with anyone besides my immediate family. It’s really made me stop and think about what I’m doing and st this end of th day it’s just a job!

Thank you