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Original poster

Should DM Retire?

35 replies

Merrifields · 19/07/2022 17:07

My DM is early 60's. She has severe Arthritis in both knees. She has a hospital ward reception job, 1 half day a week. Her manager told her not to come into work anymore last Autumn and has demanded she supply sick notes, so that she can get paid! DM has been passed fit for work by her GP and hospital Trust doc. Manager is refusing to allow her back to work because of the risk of her falling. Her manager is refusing help with equipment that would make her job easier and is no longer paying her. DM's manager wants her to retire due to ill health. She has 4 years to go til she can claim her pension. The money she earns is enough to buy food every month. I would appreciate any advice. Tia

OP posts:
Original poster
Merrifields · 19/07/2022 17:09

DM's mobility is very poor. She walks with a 3 wheeled walker and is awaiting knee replacement surgery

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CoolAir · 19/07/2022 17:11

Does she need to be able to walk around the ward as part of her job or is it a seated job?

MajorCarolDanvers · 19/07/2022 17:11

She needs to speak to ACAS, a solicitor or a union and get proper advice about her rights in this circumstance.

ACAS is free

MrsMoastyToasty · 19/07/2022 17:13

Have they made reasonable adjustments?

hoorayandupsherises · 19/07/2022 17:14

Yes, what @MajorCarolDanvers. From what you've said, you DM's manager would have had to take very specific actions to comply with the law, so they can advise if it looks like the manager has been proceeding legally.

She should not retire/resign until she has had that advice.

EvenMoreFuriousVexation · 19/07/2022 17:15

Has she got all this in writing? She needs proper legal advice ASAP. If her GP is saying she's fit for work then her manager has absolutely no authority to say she isn't, this sounds like an unfair dismissal tribunal waiting to happen.

Original poster
Merrifields · 19/07/2022 17:17

Part of the job is passing on information to other staff and patients which involves some walking. No reason why she can't save up the messages and pass them on through other staff though

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Original poster
Merrifields · 19/07/2022 17:20

MrsMoastyToasty · Today 17:13

Have they made reasonable adjustments?

No nothing. They have told her not to enter the building

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Original poster
Merrifields · 19/07/2022 17:21

Sorry, I'm new and am not sure how to tag and reply to individual msgs

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DPotter · 19/07/2022 17:23

If she wants to retire on the grounds of ill health she will need to be referred to Occupational health who will ask for medical reports and will possibly interview her and need to see her job description. But and it's a big but, i she's been passed a fit by the Trust doctor (who is probably the Occ Health doc) they will probably not agree to ill-health retirement.

I hope she's in a union as they can be very helpful in sign posting and pushing this process along. If she's not I suggest she approaches HR and explains the situation and asks for re-deployment to a seated job.

She's probably not being paid because she has run out of occupational sick pay.

MarieG10 · 19/07/2022 17:25

What involvement have HR got in this? If she is not fit for work and assessed as such then she would be retired early and her pension comes into payment. However clearly not the case so her manager is acting way outside of their remit.

I suggest she submit a grievance to HR outline what has happened and that she has reasonable adjustments made if required to enable her to work and be paid

CheeseandBeetrootSandwiches · 19/07/2022 17:27

If she's employed by the hospital trust is she not a member of a union?
Will the operation improve her mobility?
If no reasonable adjustments have been made then that would not be looked upon kindly by an industrial tribunal.
Ring ACAS, like others have said, for advice. It sounds to me she could be classed as long-term disabled, and the law takes a dim view on discrimination and constructive dismissal.

Original poster
Merrifields · 19/07/2022 17:30

She gets state pension at 67. She cashed in her NHS pension when she gave up work years ago to have me. She opted out of the NHS pension when she returned to work part time years ago now

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Original poster
Merrifields · 19/07/2022 17:32

HR keep referring DM back to her Manager who in turn passes her back to Trust employed doc who has passed Mum fit twice already

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Original poster
Merrifields · 19/07/2022 17:33

Thank you all for the advice

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LiveintheNow · 19/07/2022 17:36

Could she claim pip for her disability?

CoolAir · 19/07/2022 17:38

She needs to join a union, probably Unison in her position. It will cost her a few £s a month and they will take her case on and represent her.

If the Trust's own Occ Health have declared her fit for work then she can return with reasonable adjustments. She can state s date she is returning. If it is not possible to make reasonable adjustments in her current role her manager will need to demonstrate why they cannot make reasonable adjustments. Then HR should put her on list for redeployment.

MajorCarolDanvers · 19/07/2022 17:43

She needs to join a union, probably Unison in her position. It will cost her a few £s a month and they will take her case on and represent her

Except that they wont. Unions wont take on current cases for new members. Including Unison.

Octomore · 19/07/2022 17:43

Merrifields · 19/07/2022 17:17

Part of the job is passing on information to other staff and patients which involves some walking. No reason why she can't save up the messages and pass them on through other staff though

In a hospital ward setting, this is not a reasonable adjustment to expect the trust to make. She is effectively requesting that other staff do additional work (which they won't have time for), or that important (clinical?) messages get delayed to cater for her disability. Adjustments have to be reasonable, or the employer can refuse.

Has she asked them about redeployment opportunities? Are there fully seated clerical roles she could do?

Ilikewinter · 19/07/2022 17:43

Merrifields · 19/07/2022 17:17

Part of the job is passing on information to other staff and patients which involves some walking. No reason why she can't save up the messages and pass them on through other staff though

I agree your DM needs professional advice, however saving up messages and asking other staff to pass them on isnt a solution and wouldnt that indicate that she isnt fit for work?

Octomore · 19/07/2022 17:47

It sounds like she is fit for work, but she isnt fit for this role. And it also sounds as though reasonable adjustments cannot be made to the role (as the role fundamentally requires her to be able to physically move about the ward).

So redeployment would be the normal first step, and needs exploring.

Original poster
Merrifields · 19/07/2022 21:25

My Mum isn't in a clinical role. She doesn't make any decisions about patient care. Some people really go off the deep end on MN and are suggesting patients could be suffering. It's not unreasonable to ask a health care assistant to ask the staff nurse she is working with to ring pharmacy surely? Or for example a relative might phone and say send my love to my Dad- tell him I'll be in later. It's hardly urgent. My DM has been working in the NHS for years she knows what is urgent and what can wait 30 mins.

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Original poster
Merrifields · 19/07/2022 21:30

My Manager wants my DM to resign and go on the bank for a desk duties only role. I don't see this as fair- especially as the manager is refusing to give my Mum any equipment that might help her ie an office chair that isn't broken or a trolley to carry patient notes

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Original poster
Merrifields · 19/07/2022 21:30

Sorry The Manager not my

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Ilikewinter · 19/07/2022 21:36

Merrifields · 19/07/2022 21:25

My Mum isn't in a clinical role. She doesn't make any decisions about patient care. Some people really go off the deep end on MN and are suggesting patients could be suffering. It's not unreasonable to ask a health care assistant to ask the staff nurse she is working with to ring pharmacy surely? Or for example a relative might phone and say send my love to my Dad- tell him I'll be in later. It's hardly urgent. My DM has been working in the NHS for years she knows what is urgent and what can wait 30 mins.

I think its clear she needs to seek some professional advice about her manager and what reasonable adjustments could be made for her, however no its not reasonable to expect a staff nurse to phone pharmacy, or not to pass on patients messages to relatives if they are considered part of your DM role. Essentially suggesting that is showing that she isnt capable of doing her job.