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.

It’s a bit late for a Formal Absence Review now that you are back at work, the purpose of a FARM is to review recurring sickness absences, refer to Occupational Health or initiate warning processes when there is no justification for absences etc

@Usernamechanged24 you are Civil Service so they shouldn’t be trying to dismiss at the first meeting. They will probably position as helping you to return to work.

A couple of things you might want to have in your pocket

They have potentially been disablist by making assumptions and deciding what you are capable of doing rather than talking to you. See HSE tool below.

The second is that their approach has created unnecessary stress. The return to work checklist below is useful tool as it asks questions about control which clearly you haven’t been given.

HSE tools
https://www.hse.gov.uk/disability/best-practice/overview.htm
https://www.hse.gov.uk/stress/assets/docs/returntowork.pdf

A FARM can be to review reasonable measures and your progress

From what you have described you have fulfilled the phased return to work and completed all tasks given to you

If they are not providing you with valid work for your grade because you ‘aren’t up to it’ then that needs to be justified and a pathway established.
If the work does not exist because your job no longer exists then a review and surplus process should take place - which can vary depending on department and grade - eg you could be ‘at risk of redundancy’ but with the relevant support and surplus priority to apply for other roles.

You can be unfit to work and therefore medically retired etc - but OH had identified a phased return which you have fulfilled. There needs to be strong documentation to justify why you cannot be provided with the suitable work.

Have you already had written improvement warnings about your attendance? I’m not sure of the process now, but in the past the formal process (after informal measures) was 1. First written improvement warning 2. Final written implement warning 3. Dismissal decision.

As part of the process, managers were expected to provide all reasonable help, support and encouragement. Review periods were agreed. People had a statutory right to be accompanied. They could also appeal decisions. If a person sustained improved attendance to the level expected, the process stopped. I hope things go well for you.

Improvement not implement!

Thank you for your replies. I haven’t had any warnings about my attendance previously : but this was one long absence so arguably I suppose they may say it hasn’t been possible to issue a warning until my return? I haven’t been off before and don’t know about the latest absence management procedures.i am hoping I can get to speak to the TUS today and clarify.

I didn’t sleep a wink. So worried.

Contact us | Acas just putting this number here, they would be able to talk through what your workplace should be doing and options to handle it. It's free.

@Usernamechanged24 this can therefore only be stage 1, please do not make yourself ill by worrying.

Hi thank you all so much. I spoke to ACAS yesterday : they were very nice but advised that it’s probably too soon to go to them. Have to give my Department time to come to a final position and correct anything that may get wrong etc..

I finally tracked down a union rep : they should be able to speak on Friday.

Just finished a teams meeting with my line manager. He confirmed that there isn’t a post available for me at my substantive or any other grade. I will need to apply for posts. He didn’t go beyond that or say what I am to do in the meantime. I suppose just come in and apply for jobs?

He did say they intend to have the FARM meeting in a fortnight and I can bring a rep. I am worried that because it is a FARM rather than an informal (HR and note taker from outside the business area also present) that it will be something disciplinary. The guidance isn’t very clear on whether they can go straight to a final written warning (or worse) or if a FARM can be held for a first warning. Hopefully the TUS can advise.

I had hoped to stay quiet and be in listening mode but in practice found that hard. I asked why I hadn’t been told prior to the phased return that there was no post for me to go to. I could have started applying for other roles then? He also got lots of details about me wrong : trebled the amount of time I had been off etc : I should have let it go but corrected him. He also said that they had a duty of care to me which is why he had queried whether since I had been unwell I would be capable of working at my substantive grade. I said that I would like to be given the opportunity to try and the OH and Drs reports had said that with reasonable adjustments I should be okay. I probably shouldn’t have said so much but I did so can’t take it back : something else I need to work on.Saying less: definitely need more sleep!

Thank you again for all your advice and support. I am very grateful.

At last they have been honest. Start applying for jobs asap and yes use work time if you can. If you can secure a new job they will be delighted as you have solved their problem.

Absence meetings may follow a similar process to disciplinary but they should be the opposite in terms identifying ways to help you. The reason the two processes are very similar is because the end result can be dismissal and employers need to be able to demonstrate to a ET they have followed a fair process.

Please do not let this worry you, being Civil Service there is no way they will dismiss you at the first meeting following a successful return to work when you have no prior history.

Make sure you take your TU rep or a note taker.

If the FARM meeting is focussed on attendance and you have had good attendance during you phased return, I imagine they will just agree a review period to ensure you can maintain a good level of attendance in the future.

Can you join some professional networks or perhaps look at something like Crossing Thresholds - it runs courses for people up to G6 and you could get a mentor through the programme.

Unless they have evidence you were not performing at your substantive grade before you were absent or there is something in the medical reports or OT assessment that suggests the level of pressure at your substantive grade may be a risk to your health or contributory factor in your absence then I’m not sure where they are going on the grade issue given your experience and high performance. It’s not as if you would say this to someone returning from mat leave or a career break. I do know someone who requested to be downgraded to reduce stress but that was over thirty years ago and there was not the help and support available for people that there is now.

I do hope you have a good sleep tonight. I think the key thing is to get lots of support. The additional stress of these formal processes is not helpful when you are trying your best to get back and feel you properly belong again.

Thank you again for all your advice and support. Had the FARM this week. I was useless and despite trying my hardest got upset. I was pathetic! Not an excuse but I’ve not been able to sleep and am so anxious about all of this.

They said the meeting was called to consider my absence before my phased return to work . They did acknowledge that I had no absences during the phased return and am now doing my contracted hours. However they are considering sanctioning me for my absence. They said they may give me a first written warning : I should find out next week.

The union guy attended with me : he was very nice (especially given my tears: so annoyed with myself : I just look pathetic and know it will have prevented my points from getting through) . Oh well can’t change it now : need to get some techniques for next time so it doesn’t happen again. Anyway worryingly he (the tu rep) said I wouldn't be allowed to apply for jobs if I have a written warning. I tried to find guidance on this (eg how long does it last for etc) but couldn’t find anything.

i am a bit freaked because they have already said there is no role for me so if I can’t apply for jobs I have no clue what happens. The Union Rep said he didn’t know/hasn’t come across this situation before. I just don’t know what I can do/ what will happen….Very worried.

The also said they want to get another OH report and get reports from my Drs. These were only done a couple of months ago so not sure why they are being done again. I wanted to be helpful and could see no reason not to agree. Hope I’ve done the right thing…

At the moment I am just going in and pretending like nothing is happening but I can’t do that forever!! If anyone has any advice I would be ever so grateful. Thank you.

@Usernamechanged24 Please don’t worry about getting upset, it happens far more often than most people realise. It’s why HR often have boxes of tissues.

You were right to agree to further OH and Drs reports. When you go to the OH don’t worry about getting upset, but be very clear how they have treated you I.e. not giving you the right level work, leaving you with no role, the FARM etc. has been very stressful. Make it clear you are back full time and are capable of the work and what you need is a proper job at the right level.

I know it’s really hard but keep going to work and start applying for jobs at your level, don’t worry about the possible warning at this stage.

Once they get the OH and Drs reports hopefully they both say you are capable of doing your old job. At this point write once again to your manager and HR and ask for a job at your grade. Make it clear that the OH advice confirms this.

Come back here at that stage.

Stay strong and don’t let them get to you.

Thank you so much for your advice. I will do everything that you suggest: seems very sensible.

I don’t know if I can apply for jobs if I get a first written warning but will try not to worry or think about that until it happens. Thank you. I am very grateful.

The last time I applied for promotion, there was definitely a screening question about written warnings, so I think that aspect is correct. However, you may not receive a warning and you haven’t got one yet, so you can tick no at the moment.

Sorry this is probably a stupid question (ie the answer is no?) but am I allowed to apply for other civil service posts during work time?

Only reason I ask is there is a job with a deadline this week that I might be suitable for but it might be a squeeze to completely it after work.

You've no other work, right? So perfectly fine to occupy yourself with job applications.

Go for it. Getting another job makes your manager and HRs life easy.

Hi

So I have now received a letter saying they are not intending to take any further action over my attendance ie no disciplinary sanction. They are making another referral to OH and my DRs. I’m not really sure why : we have only just agreed reasonable adjustments and I haven’t been off but want to be helpful so have agreed.

In the meantime I have just found out that they have called a meeting with my TUS rep (who I hardly know) to discuss future roles and what actions are being taken to find a role. I am not invited. I am really unhappy with this but don’t know if it standard practice? Does anyone know? Thank you.

@Usernamechanged24 It is good news that they are not taking any further action about your absence. You have also done the right thing to agree to the further OH and DRs referrals. It’s also positive they have agreed your reasonable adjustments.

I find it very unusual they are only meeting with your TU rep about future roles for you. It isn’t standard practice but a lot of what they have done isn’t standard practice.

I may have said this before, but I think your manager and HR made some assumptions about you based on their experience of other employees who have been off sick long term and as a result have made a huge mess of everything. I really think they thought you would very quickly go off sick again or take ill health retirement. You have shocked them by not only returning to full time work but be asking for work appropriate to your grade.

I maybe wrong, and this may upset you, it is feasible your manager and HR have gone OMG we have a capable employee with no job and we have no other options. They know they have behaved badly and are now trying to put it right by talking to the TU before talking to you. You need to be prepared that redundancy may be one option they consider.

It isn’t right they are meeting without you but I also think a softly softly approach maybe the right one. Send a polite email to your manager, HR and TU rep politely asking why you are not invited to a meeting to discuss you and your future.

In the meantime keep applying for jobs.

Hang in there.

Thank you so much. I will do as you suggest.

I was really shocked and have tried not to overreact: so haven’t done anything as I actually feel quite emotional and panicked by it. Apparently the meeting has already been held. I have asked the TUS rep for a readout: I’ve only met him once when he attended the FARM with me: he doesn’t really know anything about me or my situation. I am really worried about what is happening.

I initially thought it might be a general meeting about HR issues more widely but no it’s just about me. I haven’t given permission for anyone to represent me in discussions (but presumably that doesn’t matter): all very scary. It was a long meeting a couple of days after the FARM called by HR. I just don’t understand why I wouldn’t be invited or even told it was happening. Very scary!

@Usernamechanged24 that is really unusual. All I can say is just let it play out and know you can come back here for support.

OP, I’ve just read through your entire thread and am shocked by the way you’ve been treated. It’s outrageous. I’d say if your local rep doesn’t understand this situation he needs to be escalating to HQ for advice as the behaviour you’ve been subjected to is discrimination. You would also be entitled to free legal advice through your union, and even representation if it came to that (hopefully it won’t). I think your union rep is seriously letting you down. He should not have agreed to the meeting about you without your permission, and ideally would have insisted you be present regardless.

Does your department not have a redeployment pool they can add you too? That should be their first thought. Even the departments with recruitment freezes have them - they are more important now because people have no other ways of filling roles that fall vacant.

I would be outraged if a TU representative attended a meeting with HR about a member of staff unless explicitly requested by the staff member, I.e. you. What union was it? Sounds like some kind of collusion to me. I would be calling ACAS if the union does not give you a plausible explanation.

Thank you all so much for your help and support. I have emailed HR and my Trade Union rep as was suggested by pp but haven’t received a response other than them saying there was no minute.

I am still waiting for written confirmation of my position. I assume I have been put in the redeployment pool but thought I would formally be told that and what it means practically?

In the meantime six posts have been advertised at my Grade in my business area, mostly under EOI. I am really confused as I thought people in my position would be considered for them before they were advertised? I’ve never been in this position before so am unsure about how it works. Does anyone know? There also used to be managed moves. Do they no longer exist or perhaps they don’t apply in my circumstances? I am sorry for asking so many questions. I looked online but couldn’t find much guidance and am reluctant to ask my trade union rep now. If anyone has any advice or has been through anything similar I would be very grateful to receive it. Thank you.