Civil Service: Phased Return - how can I make it work?

[Usernamechanged24]

I have been a civil servant for over 20 years. Am returning to work after my first ever absence (unfortunately a very long one) . OH have advised, by way of a reasonable adjustment for my disability, that i should have a phased return over 6-8 weeks. They have suggested that i build my hours up over this period until i am full time.

HR initially welcomed this and said that as it was a reasonable adjustment they would pay my full wage (for 6-8 weeks). Today I have been told they have changed their minds and I will only be paid for the hours I work.

I understand that this probably seems reasonable : you should be paid for what you work. But I just don’t know how I am going to make it work/ survive. The amount I will earn will be very low , even if I am allowed to top it up with a reduced benefit rate , and won’t be sufficient for me to pay travel costs to and from work plus housing and food: let alone other bills.

I asked if I could return on full time hours but they said no because OH have advised I won’t be able/ I need to phase back in. What am I going to do?

I have been on nil pay for a year. I have used up all my savings and have borrowed to the max. I currently live from benefit payment to benefit payment , have maxed out credit cards and overdraft. I feel so fed up : just like giving up.

WWYD? Has anyone been in a similar position? If so how did you make it work. Thank you.

Hello

I am sorry to bother you all again but really desperately need some advice. I am now in week 8 of my phased return.

I wrote to my LM after Easter as pp suggested. I was told (in a one to one) that HR have said that during my phased return I should not be given work equivalent to my grade. I expressed concern about this but was told that was what to be done. I didn’t want to be difficult so accepted this. I have emailed /called my Trade Union rep several times for advice but no response (will keep trying).

Today I had a one to one with my manager. He asked how I thought it was going : I said okay and asked for his views. He said that he was pleased I have done everything he asked of me (lots of emails from him saying fantastic etc) and that my attitude was good. However this is when his tone changed . He said of course I wasn’t doing work equivalent to my grade. That the grade I am is a highly pressured one and , given the time I have had off, I wouldn’t be able to do it. I expressed surprise : reminded him that I have been at this grade for ten years and my last box marking was exceptional. He said that was before I was ill. I was shocked. He said he will refer me to the career transition service (isn’t that for redundancy?).

I don’t understand why this has happened. I am working full time hours. Everything they have asked me to do I have done. Since I arrived it has been clear that there isn’t actually a post here: so why did HR and the LM arrange for me to return here? . When I was being posted he said there was lots I could do but that hasn’t materialised. Are they trying to make me redundant? If so what do I do?

The LM has said he will set up a meeting next week with HR to discuss next steps. I am really worried and upset (keep going into the toilets crying) . Have never been in this position before. I have done everything they said. Got positive feedback and now this. Can anyone advise or help me? I know I am not thinking straight and need help. I don’t know what to do next- feel like crawling under a stone and never coming out. Do I just keep on turning up to work in the office pretending everything is fine? I suppose so? Can anyone advise please?

Thank you for your time.

@Usernamechanged24 They are behaving awfully.

Keep on going to work and keep asking for work of your grade.

WRT the two meetings send an email to your manager and cc to HR.

State further to my email of x, on x date I again asked you for work appropriate to my grade and you advised me that HR had advised you not to provide me with suitable work. I expressed concern as I felt ready to undertake the work but you reiterated you were following HR advice.

We met today (date) when you advised me that I would not be able to do work appropriate to my grade. I have no idea how you reached this conclusion when I have not been tested due to your refusal to assign me work commensurate with my grade. Your assessment is therefore not evidence based and is potentially discriminatory because you are making unfounded assumptions on my abilities due to my disability.

I am now working full time hours and I am still without a substantive role at my grade. Despite repeated requests management have refused to assign me work appropriate to my grade.

I would appreciate you arranging a meeting with HR this week to discuss why I have not been allocated a role and work at my grade.
HTH

@Usernamechanged24 The next step is to lodge a grievance.

I suspect they thought you would fail to complete the phased return and now they haven’t got a back up plan as they were banking on ill health retirement or a managed exit.

The fact you have done so well is a shock and they don’t have a plan B.

What you could do is look for current vacancies at your grade and if they are a good match to your old role suggest to HR that they withdraw the advert and redeploy you into the role. Only do this if a role is right for you.

I agree you’re a whisker away from a grievance.

how much have you got in writing?

I was in a similar position in HMRC after a stroke and was paid full time hours , I would contact Occ Health and union

Sorry just read your update , agree with others I would consider raising a grievance

In my situation I was pretty much ignored after I returned so when an opportunity came up to move to another gov department I jumped at it and have been fine since

@Usernamechanged24

I'm so sorry for what you have been and still are going through.

I've only read your responses and could not see if you've been in contact with ACAS at all? If not you may wish to call them and then email them the timeline of what's been happening to you and your bosses' responses plus any associated paperwork you've got. Also any discussion or calculations you have regarding accrued but untaken holiday days.

Also, although it may not apply, you may be able to get a council tax reduction or exemption. Take a look at your council's website and search for your eligibility or call them to check. You might not be eligible but it's worth a try.

I hope you are able to get this resolved to your satisfaction as soon as possible. 🌹

Thank you all so very much for your replies. I am so grateful.

I will do what pp suggested and keep going in, will continue to be uber positive and professional (although to be honest I feel really upset). Will write to him as suggested. I need something in writing as he doesn’t put anything down : only get positive support in emails : everything else is in one to ones. I suppose I have held back a bit : so as not to be difficult , thinking the more compliant I am (willing to do anything / not complaining) the better the outcome but clearly not.

I have been looking for posts but within my department there are none (a recruitment freeze). I have seen a couple in OGDs: not a huge amount at my grade but will have to start applying. This isn’t doing a lot for my confidence and feels like it will only get worse.

i think as pp said they didn’t expect me to comeback or be capable of anything. There isn’t a role for me in the team: or at least they haven’t identified one. As pp says no plan b: they kept asking whether i wanted medical retirement (i dont i want to work). Even today he said the same : what do i want. I said to get back to work. He kept saying that the grade comes with a lot of pressure and questioned whether I would cope. I kept saying I have done for ten years (was even on tp to the higher grade for part of that) and would like the opportunity to try. But he kept saying that was before you were ill. OH and my doctors have written reports saying with reasonable adjustments they don’t see why I can’t get back to doing what I did but they just won’t accept it.

It’s so upsetting . I feel crushed. I don’t know why. Suppose I thought if I worked really hard it would be okay but it doesn’t seem to matter.

Anyway enough of the emotion : need to get practical. Thank you all so much. You have been amazing.

@Usernamechanged24 you can do this.

The minute you start putting it in writing I expect HR will go oh shit and start finding you a role.

I'm really sorry, OP, I absolutely understand why this has left you feeling awful but none of this is any reflection on you - they never gave you any chance to prove yourself. This is both discrimination and constructive dismissal. Sadly, I agree with a PP that they just assumed you wouldn't be up to it, and don't have a plan now you are, but that is absolutely their problem, not yours. I agree that getting this in writing should prompt some actions - hopefully transfer to another team because I wouldn't want to continue working in this one.

OP I'm sorry they are being so shit. I agree with pps you need to start putting things in writing. I would really recommend giving ACAS a ring, I've spoken to them a few times over the past year, they pick up the phone really quickly and you don't have to give your name. They give really good advice ime.

I am really sorry you are being treated like this OP. It sounds very much like this could lead to a claim for constructive dismissal. If your TU is not being supportive can you afford to consult a good employment lawyer? Another thing I would suggest is to get a confidential note taker to come to the meetings and take a full note of discussions. I have done this in the past in a very complicated case where the person’s continued employment was at serious risk. Do you have any allies in the Department who would accompany you in a meeting?

Are you now back to full time work? Do you have any equipment and reasonable adjustments you need?

Thank you for your replies I will call ACAS in the morning. I was on nil pay prior to returning to work so unfortunately can’t afford a lawyer. I am keen to try and resolve matters informally first but appreciate that may not be where they are at.

I don’t really know anyone in work I could ask to be a note taker. I haven’t told anyone : don’t want to be seen as difficult or causing any trouble and don’t think anyone will want to get involved in case the same thing happens to them? A TU rep would have been great but they aren’t getting back to me keep passing me from pillar to post : but I know they are busy and will keep trying Thank you.

Sorry I meant to add that I am back full time now (albeit with no post). I had sent my line manager a reasonable adjustments passport to agree, for implementation after the 8 weeks phased return. It only includes what OH said in the report. He hasn’t responded, I don’t know if this has caused any problems but he hasn’t mentioned it to me.

A workplace passport is a well recognised and supported process to help both employee and manager.

Your manager is either a poor manager or has been dropped in it by HR.

Thank you. I did wonder if it’s the reasonable adjustments that have made them think I can’t work at my substantive grade.i don’t think there’s anything controversial : but perhaps occupational health saying , if necessary, I should be allowed to work from home 60.per cent? However I have actually been in the office much more than that.

Are you SCS? We have a big drive for SCS to be in a minimum of 60%

Thank you. In our department everyone I’ll have to be at 60 per cent unless you have a reasonable adjustment from May.

I wrote to my employer last week as suggested by pp. They have replied but not responded to any of the points I made. Won’t even confirm if there is a post available. Instead they have invited me to what they describe as a FARM meeting. I had no idea what this is but having looked it up am now worried that they may be trying to dismiss me on attendance grounds (for my absence prior to returning? ). I have no idea if they can do this. Have been emailing and calling the trade union for advice but no response.

I feel really broken. Don’t know what to do? Keep going in with a smile on my face? It’s so awful and so humiliating.

Gosh OP, I don't know what to say. This sounds incredibly stressful for you. Can you ring anyone/teams call your union rep who works at your workplace?

You really need to get onto the Union as they have to find you a role at your grade. I’ve never heard of someone not working at their grade on a phased return and I’ve done 23yrs in the civil service. Sounds to me like they are making this up as they go along. Ring the Union HQ if the person you’re messaging hasn’t replied, perhaps they’ve moved on. We are in a recruitment freeze too but you’re an existing team member so they should want to keep hold of you, especially as you’re a top performer. No reason to think you can’t do that again. I’ve had a promotion since I became unwell and had a major surgery, they seem to be making a pigs ear of this. We also pay a full phased return and have done for a good 5yrs plus now in my dept (home office). I’d be surprised if you’re not getting full pay on a phased return, again Union can check all of this for you, it’s why you pay your membership. Google their number and call the HQ today

they can’t do the sickness meeting when you’re on a phased return, hence it’s been delayed until now. Sounds like they could be planning on going for a dismissal and this is why they’ve not given you a full post. You need to get Union help now, don’t delay. Good luck

@Usernamechanged24
If you’re being told things verbally with no documentation, and you aren’t keen on someone as a note taker, send follow up emails with your own notes to ‘confirm as discussed’

Regarding 60% in office, (note that ‘in office’ isn’t necessarily your office - you can be on an site visit, at a government hub etc), everyone should be doing that, and the Senior Civil Service are to do more. Circumstances are to apply - such as the departments that get shouted about politically but have had many of their sites closed for hybrid working and savings in estate costs

But that is totally separate from reasonable adjustments or home worker status - there is no set time for reasonable adjustment - the clue is in the name

If its appropriate for your work then you can be

@Usernamechanged24 what does FARM stand for?

I know it’s hard but keep it up because it weakens their case. Not responding to your questions is awful and reflects badly on them.

If I remember correctly you have had one long absence but other than that your absence record was fine. They can’t dismiss you on attendance grounds if you are back up to full time and have no further absences. They have to give you chance to prove you are able to sustain your attendance.

Check the policy and if you can, take a TU rep or a colleague to note take.

Thanks. I am in the office tomorrow so will try to track someone from the union down. I have left answerphone messages but no reply so far. I know they are busy with all the headcount freeze etc.

I didn’t realise that they couldn’t do the sickness meeting with you when you were on a phased return. I had a RTW meeting when I started the phased return but it felt very informal. Maybe that’s the reason why?

We have been through so many hoops to get this far : OH and my specialist had to write reports etc I thought the phased return was to get me back into work. If they just wanted to dismiss me I am not sure why we have gone through all of this?

It’s noticeable that they just won’t put in writing that there is no post : keep leaving my questions unanswered and say we’ll speak about it later… So scary

Apparently FARM means a formal absence review meeting. I had never heard of it before.

I will have to look up the attendance management policy as I don’t know whether they can dismiss without giving any warnings etc.