Voluntary Redundancy Offered - Now It is an Exit Package?! Advise Please

[mummytippy]

In short I have been off work since September suffering from anxiety and panic attacks. I opened communication with my employer regarding occupational health provision and they told me they did not have any, but would welcome my GPs recommendation. My Dr is recommending that I work from home. My employer has been telling me this isn't possible. I do accounts admin and have been told by the company's IT consultants it is possible via remote working on a laptop. I submitted a reasonable adjustment request and been turned down. The reason - logistics of transporting paperwork by other staff members- too costly, too time consuming but it can be scanned and emailed... or posted. Most of the company's suppliers and customers email their documents. Also, contamination? I will contaminate paperwork in my home? I've not heard of Covid 19 being transferable on paper?

Just before Christmas I was asked if I wanted to consider voluntary redundancy (also told strictly confidential) and was made a financial offer. I made it clear I didn't want to take such a redundancy. I want to work, but wfh. I was then told I would be informed of any decisions made. I heard nothing and after Christmas I contacted my employer to ask the latest on the redundancies, which process are they following and who does it affect. They replied they were exploring whether I would be interested in an 'exit package' in case I might not be going back to work. I feel completely mislead and spent the entire Christmas period (while they were closed) worrying about their decision and this certainly hasn't help with my panic attacks and anxiety. Any advise on this matter would be greatly appreciated. TIA.

OP you've had lots of great advice here. You need to accept the position. Legally the company has acted within the law. You now have a choice between:

• accept a severance package
• return to work in the office
• cling on for dear life on sick leave and get sacked.

If you cannot return to the office accept the exit package, and make sure it includes an agreed reference.

@mummytippy

What are people's thoughts on the contamination of paperwork between my home and the office please?

Agree, irrelevant.

They have told you that they are not prepared to go through the faff and expense of sending paper home from the office.

You need to change your mindset on this. YOU WILL NOT BE WORKING FROM HOME.

@mummytippy

What are people's thoughts on the contamination of paperwork between my home and the office please?

Ridiculous. It looks like you’re just making excuses not to work. Your job is redundant. Take the exit package.

Your employer may be right, they may be wrong, but at the moment, the cold harsh reality is that having a job is valuable.

Even if you qualified under the Equality Act, the fact of the matter is that no one has the right to work from home as many other have pointed out.

Before you give up this job, please please at least have a look at what else is on offer, either at the job centre or online. Even if you are tempted by a package, think about how long this would last, and what taxes/benefits would be deducted.

@daisypond

When was the last time you were at work? You were furloughed- from when and to when? When did you go on sick leave? Who is doing your job at the moment?

To be honest, I think the company has been generous offering you voluntary redundancy/exit package. They don’t have to. I think you either need to get back to work in the office on Monday - or thereabouts - or accept the exit package- if it’s still available. Otherwise you are likely to be made compulsory redundant on statutory terms, or dismissed under capability.

I was furloughed March and had my first panic attack in May. As I was on furlough and no contact from work I didn't tell them about the attacks.

My Dad became ill and sadly passed away. I was due to take annual leave in September and at this point my employer contacted me to ask me to return to work. I then had some very severe panic attacks so my GP signed me off.

When I asked about OH provision and my options in November as I wanted to open comms with work, I was told there wasn't any and no options given. Employer said they would welcome my Drs recommendation. The fitnote issued in November recommended I work from home and my employer then offered phased return. They stated I'd been away from the office too long, but I can do my job standing on my head. I couldn't understand why they hadn't offered phased return as an option. When I said I need to put my health first and listen to GP they then said security was the reason I couldn't work from home. Then I asked them to speak to IT to get reassurance and they are talking about paperwork being contaminated. IT said in clear earshot of management back in March wfh was viable for our company at that was in relation to Covid 19 /government guidance not my subsequent health issue.

@ilovemydogandmrobama2

Your employer may be right, they may be wrong, but at the moment, the cold harsh reality is that having a job is valuable.

Even if you qualified under the Equality Act, the fact of the matter is that no one has the right to work from home as many other have pointed out.

Before you give up this job, please please at least have a look at what else is on offer, either at the job centre or online. Even if you are tempted by a package, think about how long this would last, and what taxes/benefits would be deducted.

I completely agree and hear what you are saying.

@daisypond

What are people's thoughts on the contamination of paperwork between my home and the office please?

It's my employer who is claiming this as a reason not to allow me to work from home not me!!!

Then you have to go back to work in the office if you want a chance to keep your job.

[quote mummytippy]@daisypond

What are people's thoughts on the contamination of paperwork between my home and the office please?

It's my employer who is claiming this as a reason not to allow me to work from home not me!!![/quote]
Ffs Op - it doesn't matter what people's thoughts are on contamination. It's irrelevant. Seriously stop this. Accept the situation. Make a decision. Office or exit package.

[quote mummytippy]@daisypond

What are people's thoughts on the contamination of paperwork between my home and the office please?

It's my employer who is claiming this as a reason not to allow me to work from home not me!!![/quote]
That is irrelevant. They've said no, it doesn't matter their reasoning , it won't work for them. Last you spoke to someone, they weren't allowed to WFH either. You aren't going to get what you want here, it's either office or redundancy. You don't get to decide that your job can be done from home and dictate that to your employer

@titchy

Is there any need to be rude? I'm asking for advice and if I wasn't so worried I wouldn't bother coming on here to ask.

This has been given as a main reason by employer - I mean it's laughable right?!

Oh, I misunderstood about the contaminating paperwork.
But as pp have said, it’s irrelevant. They don’t want you to work from home. Full stop.

Some good advice here OP. Are you going to accept it as it's pretty consistent what you are being told?

Look, I tried to get my employer to let me work from home for several years. I had good arguments - which would save them money etc - and some other staff were allowed to work from home, and I qualified under the Equality Act, and I was a valued employee. I was turned down every single time. I had to suck it up.

[quote mummytippy]@daisypond

What are people's thoughts on the contamination of paperwork between my home and the office please?

It's my employer who is claiming this as a reason not to allow me to work from home not me!!![/quote]
I don't know what the latest science is, but I do know that when DD3 did some tests last term, they were told that they wouldn't get the results until new year, because the tests had to be quarantined for 3 days, then marked, then quarantined for another 3 days before being returned to the students. I also know that an infant school near me quarantined all the lovely little Christmas crafts for 3 days before they sent them home. So there must be a reason.

I think you have to understand that a GP recommendation on a fit note doesn't bind your employer to that recommendation. If they can't accommodate it, they don't have to. So they could say "recommend only working 4 hours with 3 days between shifts for recovery." The employer can say "Sorry, but I need Mon-Weds covered, and have no need for Thurs-Sat hours."

It doesn't matter which reason they stick with - they are all reasonable. It's not reasonable to expect to work from home if they have said no.

You need to decide if your panic attacks are under control enough to work, and to be fair, how can you say they won't be if you haven't tried it?

As so many others have said you need to let go of the wfh because it isn't going to happen.

What are you doing to address your panic attacks and anxiety, because those are the real problems. I say this as someone who had considerable time off work suffering from both but spent a huge amount of time and effort working on how to manage them so I could return to work, dealing with triggers, practicing small steps of getting out of the house, on public transport, walking past work etc and then working with my employer to say, this is what will help me get back, ie if I take a panic attack I might need to leave the office in a hurry and go for a short walk. Is there somewhere I can go if I have an attack etc.

Maybe I'm wrong but it seems as though you are focusing on the wfh issue as a means of avoiding addressing the issue of how to get back to work.

@daisypond

Look, I tried to get my employer to let me work from home for several years. I had good arguments - which would save them money etc - and some other staff were allowed to work from home, and I qualified under the Equality Act, and I was a valued employee. I was turned down every single time. I had to suck it up.

I'm sorry to hear that.

If you qualified under the EA what happened in the end?

Op, I think the stress you've been under might be clouding your judgement a bit. Which is understandable but runs the risk of you getting a poorer outcome than might otherwise be the case.

It's been a crappy situation, you've been through the wringer personally, they haven't always communicated in the best way but that may be because as a smaller employer they've never experienced a situation like this with an ill employee. You haven't always communicated in the best way yourself but that may be because of how stressed you've been.

Of course all that affects how you feel, but it doesn't change what is going to happen next or oblige your employer to keep you on it make adjustments they can't justify as a business. You sound caught up in your frustration at the unfairness of what's happened.

The Equality Act only offers notional protection - ultimately "business needs" can and do usurp obligations to make adjustments.

There is an example in some EA guidance from the EHRC (I think) that gives an example of an employee with cancer whose duties are redistributed amongst other staff while he is off sick having chemo. When he is ready to return to work he is made redundant because the employer has seen it does not need his role anymore and has managed fine without him.

It screams unfairness and would be awful to experience after going through cancer, but it would be entirely legal and he would have no grounds to challenge it. Unfair does not equal unlawful.

Is there anything that would mean you could return to the office to work?

There’s not such thing as qualifying under the EA2010.

If you have a disability as categorised by the Act, you have the right to ask for adjustments. It is up to your employer to determine what is reasonable. They don’t have to do anything or everything you ask for.

And the only test if you disagree is court.

@Lougle

So how does post, newspapers and magazines fair in this I wonder.

OP, this is an awful situation.

However, your employer has clearly made their decision and you are being pretty unreasonable with this particular quote; "logistics of transporting paperwork by other staff members". - Why should other members of staff transport paperwork for you? That's insane.

If I were you, I'd cut my losses, accept the reality of the situation and look elsewhere. Now is not the time to leave a company on a bad note with people losing jobs every day and 100+ applications for even the most boring/mundane jobs.

Op you sound very entitled, I'm glad I don't work with you

Yes. Other staff members should definitely drive 45m each way to deliver you paperwork at home.

Your stress and acidity is clouding your judgement and making you ruminate on points that are, quite frankly, out of your control or not relevant. You need to stop this.

Either go back to work in the office, or take the package. They are your two options. Nothing else. Decide which is the better for you and do it. End of story.

Anxiety, not acidity!