Occupational Health

[Preparedforjobnottolast]

Hi,

I'm in a situation of being off by fitnote post surgery, I have Occupational Health telephone call booked by my employer for next week. My understanding is this will produce a report.

My Employer's ideal is that I return in person to the building at the earliest, despite not being able to drive yet and not knowing if I now ever want to take the risk of driving. (something I personally have to get over, I know) sadly I don't live in the same town as the Employer and they are not served at all by public transport. (whilst I'm fully aware none of this is their problem)

Reading the particular Occupational Health company reviews are filling me with dread, all are bad; saying if selected by your employer then you are screwed, liking it to be worse then dwp assessments etc. I'm also more unconfident as well there doesn't seem to be that much known about this condition and it took two physio's saying nothing wrong before I found myself rushed to hospital as an emergency case, I'm not even sure if what I have amounts to a disability, the support group for the condition I've joined are lovely but there seems to be a lot of people who don't work and I can't be sure if there are other things wrong with them, apart from their advise do not rush recovery, to do so is where you can cause long-term injury.

Anyway given my short service at work and never being in this type of situation before, I really suppose it won't take much to let me go, I'm just wondering how this happens, it is a mutual conversation? do they invite you to resign?

I have tried to have an early informal brief chat with my Employer about working part time but this has been answered as no. It does seem hard that the person covering is thoroughly 100% home based but they won't extend this to me.

I would resign (as the environment wasn't exactly the best to begin with and it is just my bad luck that I don't live nearer) but looking at the job market today, it is not looking the best, I only came across a few remote jobs - one paying minimum wage and having to supply your own laptop, and a remote sales job I've tried before and know isn't me.

Anyone been through Occupational therapy where their job is lost?

Usually occupational health is independent of the business. The company will have a contract with an OH organisation, more than likely. Within the OH company they'll have Drs and nurses. They have a duty of care to the patient. Their role is to really ease the transition of someone back to work successfully. If the person is pushed back too early, they might well go off sick again, so that isn't their objective. It's really just to see how you are and try and work out when you're likely to return to work and whether they can recommend any adjustments to the role that might help. Your employer doesn't have to implement them, it's just advice. They write a report to your employer but you can ask for aspects to be kept confidential from your employer. So it will be fine. If it does eventually end up that you can't do the job, it will need to go through the process of several warnings first. I personally would take the sick pay and focus on getting well. Maybe have a few notes about what you can and can't do, any medication you're on, what might help you return eventually eg home working. Explain you can't drive yet and it's unreachable by public transport. They will more than likely be kind and helpful. Good luck tomorrow.

Agree with all advice from PP.
DO NOT RESIGN.

Stay signed off sick and concentrate on your recovery and then you can consider work when you're fit enough. If they choose to let you go in the meantime then THEY will terminate your contract on the grounds of Ill-health and then you'll have to look for something else.
Be aware that OH are looking at your medical condition, your current state of health and whether you are recovered enough to do your job now or in the foreseeable future. Driving to work doesn't really come into it as it's not part of your job role unless you have to drive as part of your job.

Is this something that's considered a long term condition OP or something you expect to fully recover from now you've had surgery? What has your surgeon told you about your particular situation? ( as opposed to people online who may be medically quite different to you)

Make notes of everything you want to say in the phone call and make sure you say everything you need to. Eg all the symptoms you have that prevent you from working, the speed/slowness of your recovery post surgery and the implications for when you might be fit to return to work, any medication you are taking and how it affects your ability to work (eg codeine based painkillers may impact your cognitive ability). Emphasise everything that is preventing you from working at present, eg how tiring you are finding simple basic tasks. Remember that Doctors and Nurses are duty bound to act in the patient's best interests, so they should be helping you to consider how and when you may be able to return to work, and what adjustments might be useful eg a phased return.
You can ask to see the OH report before it is sent to the employer. You may also be asked for consent to contact your GP, you do not have to agree to this. I hpe this help and that you make a good recovery.

Whilst there's some very good advice here, I have to take issue with "Their role is to really ease the transition of someone back to work successfully." It is not. Their role is to advise the employer. They have no power to direct the employer to take their advice, and the employer doesn't have to. If a condition may amount to a disability in law (and in the final analysis only an employment tribunal would determine that) they can advise the employer of this, and can make recommendations that may support an employee back to work - but they could very easily recommend that somebody is no longer fit for the role they have as well, if that is the case. You are not their patient - the employer is their client. In my experience, OH are often very good and very fair (which is not the same thing as being on your side), and they will advise the employer on a neutral basis, but they do not owe you a duty of care - that is for your own medical practitioners. You are not the a patient to them. Their "duty" is to advise the employer to the best of their ability.

Just echoing a previous poster as there seems to be some misunderstanding about the role of occupational health.

OH should act objectively, with no bias towards employee or employer. They don't really have the 'best interests' of employer or employee in mind, they are there to assess the employee based on evidence and to advise the employer based on that assessment.

I have asked for occupational health reports for employees before (for the record, they're still employed with the company and it's very much business as usual now that they've recovered) and the reports are factual and objective. The company that we use ask for a job description and a summary of day to day expectations. We ask for an assessment to consider whether the employee is fit for work, fit for work with adjustments/phased return, or unfit for work (and the relevant estimated timelines). We've only ever received an objective opinion and advice that seems balanced and fair.

Ensure that you're completely honest about your limitations and make sure you include facts. E.g. instead of 'I'm worried about the risks of driving to work' say 'I find driving difficult due to pain/medication/tiredness' and state what you think would work (e.g. WFH, driving once or twice a week, etc.).
Remember that they don't have a crystal ball, so if you don't say something, they won't be able to take it into account.

100% agree with the others, don't resign if you don't have a job to go to. You're better off employed and on sick pay than with no employment due to resigning. Best case, you can return to work with accommodation and worst case, if they decide to terminate your contract, you have the option of starting a grievance if you feel they've been unfair by not accommodating you.

Have you asked for the reason why you can't work from home? And what are the reasons you want to work from home?
I will say that this is a bit of a tricky area when it comes to staff who want to work from home for health reasons. Since the pandemic we've supported staff in deciding to work from home with cold symptoms etc, however I often tell staff I'd rather they took the day off sick properly if they're struggling, rather than WFH because as a business, we expect full productivity if they say they're working (although in practice I'd turn a blind eye for a day or two, but long term, I wouldn't want someone struggling though and relying on the team to 'carry' them); this might be a reason that working from home has been declined in your case.

Having worked in OH and been seen by them multiple times, my view is that health professionals do mostly care about the people they see. Yes they are contracted by the employer to give advice on fitness to work. But the aim is to get someone back working if it is possible. Sometimes it isn't possible that is true. I think some here see it from an HR or legal perspective only. Which might not be terribly reassuring to the op. It shouldn't be something to fear and any health professional should have regard for your welfare. That doesn't create a bias.

Thank you for all the advice, it really helped, haven't done anything rash and I've now had occupational health appointment, who were nowhere near as bad as some of the reviews I'd seen.

Sorry it is strange, I had spine surgery I understand to stop a condition from progressing and ultimately becoming paralysed, I've been left with a numb stomach and 3 toes on the right foot like my fingers were before the surgery but it is better then all fingers effected with numbness. I've got hospital outpatients on 27th March so not to long to go where I hope to ask the consultant then if I have to live with the numbness. I made it clear when the employer last called that I had not driven since January and I'm finding it hard to want to drive.

Occupational health suggested a phased return to work - does anyone know how this works when my role involves weekend working?

I remember when I was in hospital the manager made out I'd get a formal meeting (not calling it a back to work interview) once back regarding attendance which seemed strange; did they mean - disciplinary? I'm aware my company uses the bradford scoring system.

Massive thanks

Hi again,

Sorry to drag this thread back up, I’m getting increasingly concerned at no contact from Employer and wonder how late they can leave getting in touch following the report. It turned I had to chase the occupational health company to release the report and then sent an email to my Manager a week ago asking what happens to leave which has not been answered. No recorded letter nothing.

I know I was debating whether I should hand in my notice previously but there is one thing me and my employer have never spoke about - and this is the holiday accrued which has to used end of this month.

Could they contact me at the 11th hour of the last date the fit note runs out trying to put occupational health recommendations in place. (Or reject these) they do know I’m due to be a hospital on last day of fit note.

Ideally I want to refuse any more fit notes coming my way but say I have my leave instead. I’m unable to book this myself as passwords would have expired by now on company equipment.

I know they’ve been busy hiring and having other resignations but I’m just growing concerned at the radio silence.

I appreciate it’s often other way when people feel harassed by the employer contact but I’m other way in just feel so much has to be discussed.