RTO - occ health assessment not being addressed at all

[VincentLegrand]

I've nothing whatsoever in writing about the RTO and an occ health report with a number of recommendations.

Team leader a complacent Veruca Salt type who's long lost interest in their job but gets very MINE about having folk to order about.

I'm concerned that a RTO without anything written in place would be regarded as me accepting the lack of reasonable adjustments.

Tempted to refuse until I have written confirmation of what they are prepared to do and why disregarding recommendations of occ health is acceptable?

Any advice would be much appreciated, thankyou

Are these actually disability related recommendations for reasonable adjustments? Or just OH recommendations? There's a difference.

Recommendations are exactly that. Recommendations. The employer does not have to implement them. They don't even have to consider them.

Disability related recommendations are still recommendations, but the employer should give due consideration to whether or not they are "reasonable" and might have to justify their decisions in an employment tribunal.

There isn't much to go on here to provide decent advice. My question to you would be how you could return to work at all if you actually require these recommendations? Because you seem to be implying that you have a choice and can refuse to return. Obviously if your doctor continues to provide a sick note you don't have to return whatever happens. But not returning can result in your termination at some point. So it's a moot victory if you are grandstanding... (and based on no information either way, not suggesting that you are - just pointing out that it could be cutting off your nose to spite your face, and backfire)

But in all honesty, on so little information it's really impossible to comment usefully.

Thankyou for your insight. To clarify, I'm not signed off currently, I've been WFH for almost a year. I perhaps am grandstanding a tad so thankyou (genuinely)

I have 3 health issues that are sufficiently long term to be classed as disabilities.

My concern is that returning full time to the office without anything written in place to address the recommendations means I've accepted the lack of them.

(For context, 1 of my issues is Crohn's - only a sink should the worst of it happen. Several previous experiences of this were the catalyst for WFH in the first place)

I would like to challenge the lack of adjustments but I suspect it'd be futile sadly.

Do you have a copy of the OH report?
If so then I'd ask for a meeting with your line manager to discuss the report and it's recommendations for reasonable adjustments. If you're in a union then ask the rep to accompany you to the meeting.
Make sure the meeting is minuted.

If you are covered by the discrimination act then there needs to be good business reasons why these reasonable adjustments can't be made which would stand up at a tribunal.

Sorry if I've misread but you're saying there's only a sink at the office, no toilet? Surely that's unmanageable anyway at an office, even without chronic conditions let alone with. (I know there's other jobs where you'd be away from toilet facilities but in a static office I can't see how that's acceptable)

As mentioned above, can you please clarify that there are no toilet facilities in your workplace, as on the face of it that would seem to be unlawful.

But your response still doesn't answer the question. Having a long term health condition is not the same thing as having a disability - disability is defined largely by impact rather than simply length of time, so, for example, Crohns may not qualify.

Can you please clarify - you say that your health conditions were the reason you started working from home - how was this agreed? Obviously something has changed - what? I assume that you are being recalled back into work? Why do you think challenging this will be futile? What have OH recommended and why? Have you actually asked about all this, and what was the response?

As a bottom line, returning to the office doesn't mean you have accepted the lack of adjustments if you say you haven't, but I am still unclear as to the basis for the issue - you don't seem to be saying that you are unable to work without them, but equally I am not clear what you ARE saying!

Just to clarify, there is a toilet and sink "The worst of it " was my trying not to get TMI about an occasional consequence of the condition. Cleaning myself up with baby wipes and changing is doable, but much less comfortable and more time consuming than should an accident happen at home.

The help I've had here is brilliant, thankyou.

It's absolutely not that I can't work; just that I cannot comfortably full time in the office.

I've been riddled with panic about the worst case scenario and my Team Leader's inflexibility and disinterest in my concerns.

The insights here have given me a clear path to follow.

Thankyou