Occupational Health..

[mrsjw17]

Hello

I suffer from POTS & Fibromyalgia.

I have recently been signed off work for 5 weeks now after catching a chest infection from someone at work which has knocked me for six & due to this my medical conditions have worsened.

I made my employers know about my medical conditions when I started working for them as I needed to ask about disabled bays.

I had a call from my manager yesterday stating they will get into contact with occupational health as apparently I never made them aware of my medical conditions (even though I have emails also as proof).
They're going to look into how my medical conditions will effect my job roll, if I need anything that will make working easier or if I'm liking to always have bouts of absence like this, if that's the case they will speak with HR & then the legal team to terminate my contract as they want someone who will be an asset to the company. Even though they've stated that my performance at work is outstanding.

Is this discrimination?

Do I need to get some legal advice?

Are they allowed to do this?
I understand absence isn't a good thing but with something that I have no control over it seems slightly unfair.

Worse this is I work for a pharmaceutical company!!!

I have also offered to work from home during these times & they haven't followed up with that?

If anyone could shed some light I'd be really grateful!

Ok seeing occupational health is a good thing.
But yes. Lawyer. Now. Save down those emails.
Is your manger speaking to you or HR?

Sorry and yes. Disability is a protected characteristic. They seem to be coming at it from a disclosure POV though?
What do you have in writing from this chat?

I’m very surprised they are talking about terminating your contract at this stage and in these circumstances. At my work we arrange for staff to see occupational health professionals if they’ve been off work for several weeks or have developed a potentially long term health condition so we can see if they are able to return to their usual role or if we need to make adjustments or gradually support their return. As there is no way of managers assessing that the OH expert gives us an independent report. If they said that the person couldn’t return to the role, even with adjustments then it’s possible they might not be able to be kept on, but not after 5 weeks! The ‘asset to the company’ comment sounds potentially discriminatory, I suggest you call ACAS for advice and your union, if you are a member of one.

Wow! Shocking

How long have you been working there?

@PrincessForADay

Wow! Shocking

How long have you been working there?

I know, I'm shocked about it. Considering I'm off anyway due to a flare up of my medical condition & not feeling great she then puts that on me.. I don't think she likes me in all honesty I don't know why? I've been there 18 months..

I have my call tomorrow with OH..
Slightly nervous as I don't know what to expect.

Have also found out by an email from HR that they're changing the contracts & have finished the one to one meetings at work but due to me being off sick they have completely excluded me out of this? Surely they could have done it over the phone.

I don't want to email or call cause they are being really cagey with me since the whole OH situation?
Doesn't make me feel very secure about my job..?

No advice except be honest with OH & see what they say. You should be sent a copy of their report and recommendations

Good luck

I would ask your manager to outline what you discussed in writing. Even better you outline it in writing and ask her to confirm that meets with her understanding of what you discussed.

They are on shaky ground there. Make sure you start using the word disability in all your communications.

If they try to terminate your contact because of your disability without following proper process and exploring reasonable adjustments then you have a right to take them to a tribunal even though you've been there less than 2 years.

If your performance or attendance is poor they can still dismiss you on capability grounds though. Disability or no disability. They just need to follow the correct process and be seen to try to offer reasonable adjustments to see if they can keep you in work.

Yes good luck. Hopefully OH will have some good suggestions for reasonable adjustments.

Have you had an Access to Work assessment as well? Might be things they can offer to support you.

Also is this the first time you've had off? Bit weird to jump to the dismissal conversation after one absence in 18 months.

It's almost like there back tracking cause they should have done it sooner than they have.
I just feel like they're being really snakey with me, disloyal & dishonest.

This is the first time I have been off, other than having to isolate as daughter had COVID symptoms (which they've also put against me even though I was following government guidelines).

I was off work through three first peak of COVID due to furlough then when I come back to work they'd started my probation period again which didn't seem to be fair but I can't make out from HR whether it was their discussion on my managers. No one will be honest with me.

To say I'm shocked at the way they are with their staff considering they're a well know pharmaceutical company.

I haven't had anything, never heard of an access to work assessment.

I haven't had anything in writing, luckily the phone that she called me from to discuss this the calls are recorded.
She has made me feel like I can't contact her now.
It's almost like I've got to fight for my job when I don't think I have done anything wrong.

I have asked work if I can work from home where I applicable but they have denied me of it but have let others in the same department as me.

It almost makes me feel like they want me out?

I hope your call with OH went well as PP said it's a good thing. I'm amazed they are talking about dismissal at all given this is your only absence for sickness.
Is it a standard letter they've sent stating that continued absence may result in dismissal?
They need to consider reasonable adjustments for you and if others are working from home doing the same job then they would need to justify why it is not reasonable for you to so.

Hello..

Just wanted to jump back on here & say how my occupational health phone call & outcome yet.

The lady I spoke with over the phone (a doctor I assume) was lovely, completely understood my medical conditions, was disgusted how my work have approached me regarding this especially as I would for a healthcare company.

She has apposed a number of things my employers have to do to help me as I come under the "equality act 2010".

I have a phone call tomorrow with my shift leader to discuss the outcome of what OH have said - fingers crossed she's okay... Wish me luck!

She always makes me feel anxious as she always talks down to me, almost like there's a massive power trip.

By the sounds of what OH have stated they can't terminate my contract due to this as it is medical grounds & it's 2 lifelong conditions I have.

I shall keep posted on my outcome.

Honestly all your words of advice have been amazing, you really helped out my mind at rest when it was constantly doing backflips! 🙂

Great news!

I thought I would put a little update on here..

So on January 5th, I lost my job.

Because of my medical conditions I am classed as being unreliable.

I have submitted a case with the employment tribunal due to unfair dismissal & discrimination.

They have held money against me.
They've not paid me what they said they were going in (& even have that in writing).

Have since been admitted into hospital due to the stress causing a huge relapse in my health.

Thank you again for all your support when I asked for help!

It is not true that you cannot be terminated for medical reasons, if medical reasons lead to repeated absences for example it is legal to terminate in capability grounds, so long as a fair process is followed.

But as you have disability the employer is expected to make reasonable adjustments. What consideration was given to adjustments? Did you suggest any or have any conversations about options?

What does “they have held money against me” mean?

I'm sorry OP that you have been dismissed and that this has escalated your health problems. Do you have a solicitor specialising in employment law acting on your behalf? If not I'd highly recommend engaging one ASAP.

@Aprilx
There was adjustments mentioned by Occupational health but my employed said they couldn't do them..
• Phased return to work over a month - they wanted to do it over a week
• Combination of working from home & office - at home during the colder months due to low immunity with fighting colds etc - they stated it wasn't something the offer then my colleague told me a week after she was given equipment to work from home
• Flexibility with medical appointments - I was told if I had to I'd make up the time at work
• Regular reviews with manager - which they didn't understand why it would be needed
• Place me on disability related sickness absence compared to unaffected peer group - wasn't even spoke about / wasn't an option.

I was told when the contract was terminated that I would be paid a week in lieu & any outstanding holiday which was 132 hours.
I received nothing from them.

@slidingdrawers
I don't currently no but I am looking into it.

To the suggestions:

A phased return to work normally follows a long absence, you were off for five weeks, I think a month long phased return is over the top and a week doesn’t seem in reasonable.

Partial working from home is potentially a reasonable adjustment, but there is not enough information about why they said no to you to comment. Can you elaborate?

It is reasonable for them to provide flexibility for medical appointments and also reasonable that you would be expected to make the time up.

I am not sure what you mean regarding the disability related sickness, unless you mean how they classify your absences? That might be something they ought to do, but it is not a “reasonable adjustment”. A reasonable adjustment is an adjustment that enables you to do your work / contracted hours.

You should follow up on your unpaid wages.

@Aprilx

I think it's hard for you to really comment on what's over the top or not unacceptable as you don't know the full extent of my medical conditions & as to the reasons why them come up with this.

Can I ask why you are asking in depth regarding the things that have been suggested?

I understand your commenting to help but it just seems a little intense.

[quote mrsjw17]@Aprilx

I think it's hard for you to really comment on what's over the top or not unacceptable as you don't know the full extent of my medical conditions & as to the reasons why them come up with this.

Can I ask why you are asking in depth regarding the things that have been suggested?

I understand your commenting to help but it just seems a little intense.[/quote]
Well I only asked one question but why do you think I am asking questions? 🙄 Because I am trying to establish facts in order to use my CIPD L7 / Masters degree in employment law to try and help you.

But thanks for the heads up, I won’t bother.

As far as I understand it, employers are not bound to agree to any OH 'recommendations', they are merely that. The critical issue is whether they have discriminated against you for a disability which was disclosed during the recruitment process. If this was the case reasonable adjustments should have been in place from the outset, for example time off to attend medical appointments associated with your condition/s (time which can be asked to be made up) If you have the relevant evidence to suggest this was the case, a solicitor specialising in employment law is your next step or via a Union.

The pp was ideally placed to help you.