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.

If you are at risk then you will get preference for shortlisting etc but won't be automatically considered for position necessarily. So do respond to the EOIs

I can't believe your union is so rubbish. Very disappointing

Apply for the EOI asap. Forget about the what they should do etc. thoughts accept you need to take charge and get a permanent role.

Apply for the EOIs.

Different departments do redeployment differently but you need official notification you're in redeployment and it doesn't sound like they have done that.

Check your dept's redeployment policy on the intranet. I was looking at ours the other day to compare with another dept's and they are quite different so don't make any assumptions.

Managed moves etc do exist but tbh they're not trying to help you are they so I wouldn't hold your breath.

Have just read through your thread and as an existing CS I am so sorry to hear the lack of support you have received.
I have recently managed someone through a redeployment situation and many of the problem you have faced sound very familiar. I found the HR caseworker (external to the CS HR dept) to be the most helpful but they deal with managers directly. Has your ‘manager’ said what the caseworker has advised for you?
A couple of things took ages to establish. How to get priority consideration for available posts. We found that the recruitment dept did not routinely keep a list of ‘at risk’ staff and offer to them before publicising the post. Instead you and your manager should identify posts and indicate on your application you are at risk.
Our HRBP just kept repeating that we MUST be able to find the person a post but with little practical advice on how to achieve this.
The question of CTS referral came up. CTS sent a list of criteria which included the requirement that someone in PB1 needs to make a declaration that there is no post for you in the whole directorate before you can be put on the list.
In the end my team member was given a newly created post identified by our PB1 (Director) when they received that request for a declaration.
Apologies if none of this is useful but the summary is that we only found a solution when it got escalated appropriately.
It was a horrible time for my team member so you have my sympathy. It is so disheartening to think nobody wants you and all your hard work over your career has been ignored and overtaken by the sense you’ve become a problem nobody wants.
It took a year for us to find a suitable post for my team member but they are happy and settled now.

(((From what I recall of your posts the following shouldn’t apply, because your situation isn’t part of departmental change)))

Things will vary between department, and I’m out of date on policy’s ……

But any that I’ve been aware of and for the MoD when I was in management for a few restructure change situations the at risk/surplus/redeployment was as follows:

Comparing existing to future job descriptions & number of available roles:

In the lead up communications should declare the change and that roles were in or out of scope - in scope role had an ‘at risk’ letter

1. each existing job description was compared to the future structure.
   If the job remained, was similar enough, the grade didn’t change, any location change was within distance policies, did not end up with less roles then the number of existing staff - then the individual mapped over and given a letter that they had matched and what choices they had to decline

2. they would match, but there were too many current staff for the future structure - they matched in a ‘limited competition’
   Only those limited individuals were considered for interview. Successful candidates got the job, failed or declined indivuduals became surplus.
   Should there be any subsequent gaps (which should be due to people declining as the existing staff who mapped shouldn’t be unsuitable) then the gaps would be advertised

3. the circumstances in 2 differed, roles/similar roles no longer existed, grades changed etc then existing staff became surplus
   Surplus status would count only in the existing grade

The policy was that surplus staff had priority on job applications - but were not automatically put in for jobs.

A surplus status needed to be flagged on the HR system (which if I recall correctly was the individuals responsibility to enter and the surplus letter gave the details)
The central HR team would allocate a point of contact, managers should encourage job hunting and also we provided direction, retraining etc

I believe that there is no specific priority in the job application process now (eg for an advertised job the system would only show me surplus applicants and no ‘standard’ applicants until the process had been completed against all surplus applicants)
Jobs would also be advertised in stages, eg
internal, promotion, external.
Policies have changed throughout bringing stages together etc. Any job advert should list eligibility

(((From what I interpret your circumstances to be …..)))

You have had a health absence and occupational health believe you are capable of doing your job, with the phased return designed to ease you back in

Any other change should be formally provided in writing

I interpret that your manager doesn’t believe in you but has not given you reasons for you being ‘incapable’

If you’re medically incapable of your role, but still capable of working then that could feed into a surplus status, or if you needed a change in hours/working pattern which cannot (reasonably) be accounted for then you could become surplus

If you’re supposedly incapable of your job then that’s a matter to go back to occupational health

The fact that you have not been provided with suitable work and that you have repeatedly asked for that work means that you have been mismanaged (and continue to be mismanaged)

You poor thing. All this sounds incredibly stressful and totally unreasonable. Thinking of you.

Thank you for all your replies and support. It has been very stressful
but I am just trying to get on with it.

I think a pp hit the nail on the head when they said they thought perhaps HR/my line manager thought I wouldn’t be able to completed a phased return. I have and now they have no post for me as they don’t have a plan for that scenario? They haven’t given me any work at my substantive grade , even though I have asked for it so don’t think they can say it’s a performance issue? They keep asking if I think I am capable of working at my grade : I say yes that I would like to try but then don’t hear anything from them. OH have said there are no reasons medically why I can’t continue in my role . I am disabled but that doesn’t mean I’m not capable? If they had given me work to do and I hadn’t been able to do it I might understand raising capability but not sure it’s really relevant if I haven’t ? I think they might be making assumptions about what I can do based on their own views of my being disabled? Can’t think what else it can be?

My line manager wants to do another OH referral which I am fine with. Nothing has really changed since the last one. I’m not really sure what they are hoping for?

They have previously asked if I want ill health retirement. I don’t (am only in my 40s) and OH didn’t recommend it so I’m not sure why it keeps being raised. As a way to get rid of me?

I have found the past few weeks hard, especially that they have told me that there isn’t a post available for me in my directorate and yet 5/6 posts at my grade have been advertised under EOI. I am nervous about applying as I can only assume from what they have said that they don’t want me. Applying for a post and being rejected /it being given to people on promotion would be humiliating and I am not sure I could go through it. I don’t understand what I have done wrong and how to change it but maybe I just can’t and I don’t fit? Will have to apply for jobs in another govt department but it’s exhausting and I feel broken. I know I need to pull myself together just feels like running through treacle at the moment!

Thank you for your support and advice. I really appreciate it.

If they are offering roles at your grade under EOI and don’t have a role in their area at your substantive grade HR need to intervene.

I am sorry but you do need to apply for the EOI’s as it’s your best chance of getting a role. I understand why you don’t want the rejection but unless you apply your situation is not going to improve.

You need to ask your TU rep to talk to HR for you. Ask them to point out don’t have a role for you but there are EOIs for jobs at your grade. Why are they not slotting you into one of these roles? Ask your TU rep to point out you could lodge a grievance for disability discrimination given their continued failure to give you work appropriate to your grade or to find you a permanent role. The fact they keep trying to push you to take ill health retirement when you have successfully returned to work is evidence of their discriminatory mindset.

I am nervous about applying as I can only assume from what they have said that they don’t want me.

I appreciate why you'd feel that way, but you won't be helping yourself if you refuse to even apply. This is something positive within your power to do - and would also demonstrate your sincerity and commitment to resuming work at your grade. It would be foolish and self-sabotage to refuse to apply unless you actually want to leave.

You have to take ownership of doing the things you can to help yourself - applying for these posts is a perfect example of that. If you don't apply it makes it look like you don't really want to be there.

Don't make assumptions about what people think or feel about you and definitely don't sabotage yourself based on what you imagine others feel.

Hi

Thank you for your replies. I have started looking for and applying for posts. Fingers crossed.

I have also queried with HR why posts were being advertised under EOI at my Grade when I am being told there are no posts available. I haven't had a response yet but no more posts have been advertised at my Grade recently (possibly because of the new Government).

In the meantime I have been invited to attend a meeting with HR and my managers later this week. They haven't told me what it is about but am sure it will be about my future. I am finding it all very stressful.

I think at the meeting I probably need to make notes, be in listening mode and not make any decisions/ respond on the day. Is there anything else?

I think you should consider taking someone else with you who can also be in listening/note taking mode - having a corroboration will be helpful.

I agree take a note taker with you. You are also correct not to make any decisions on the day.

I would also take a list of reasonable questions like the EOI and why they are not being offered to you.

Thank you.

So unfortunately they have confirmed that there is no role available for me and that I have four months to find a new post or I may be dismissed. They claim they are taking this action under workplace reasonable adjustments guidance - that the reasonable adjustments that OH asked for cannot be accommodated. Unfortunately I don't think they are being truthful - the reasonable adjustments proposed by OH aren't massive (the biggest being that I should work from home three days a week and be allowed to attend medical appointments if they arise). I think they just want me to go away.

I think as a pp said they never thought I would complete a successful phased return (I did, am working my contractual full time hours, had positive feedback on what I have been asked to do and no sick absences). It's clear on a day to day basis that there is no work at my grade or role for me. OH have said that ill health retirement isn't suitable. I don't know why redundancy isn't an option - perhaps because no one else is being made redundant?

I am very worried as four months , over the summer and with a new government, isn't a lot of time to find a new role- there's not been a lot circulating at my grade recently. It all feels very pressured and, unfortunately, my confidence is at rock bottom. To be honest I am struggling to maintain my mental health.

I wondered if anyone else had been through anything similar and if so what you did? Thank you again for all your help and support- it has meant such a lot.

Are there any roles at a lower grade if the adjustments you would need cannot be accommodated at your current grade?

Thank you for your reply. I will have a look at all available jobs. OH and my Drs have said there is no reason that I can't work at my substantive Grade. I was actually on TRA to the Grade above previously so it already feels like a bit of a demotion and I will struggle financially if I have to take a further pay cut but obviously would be better than having no job.

I don't understand why they are saying they couldn't accommodate the reasonable adjustments (they are the same ones as were in place when they agreed my phased return and really wouldn't be difficult for them to support - being allowed to attend medical appointments should be fine , I would of course make the hours up and since my return there has only been one, and working from home three days was the norm until May and there are many at my Grade who are at home much more). The reasonable adjustments also aren't permanent - with support I am sure I would be back in the office full time soon.

After my experiences over the past few months I feel they just don't want it work and don't want me there. It is really upsetting - I have tried to be positive, professional and done everything they asked. With each day I feel my confidence is slipping further. I know I need to get a grip and try to control the emotion. Just isn't always hard. It feels like they are consistently negative towards me and as I haven't told anyone I have no support (other than you!). It's very lonely and occupies all my thinking.

I suppose next steps should be to keep looking for jobs- I am just finding that there aren't many (summer and new government?) and that I am almost paralysed with fear when it comes to actually applying. I know I just have to crack on. One good thing is I might finally qualify for help from the career transition service (they wouldn't help me previously as they said my line managers wouldn't clarify which process I fell under and therefore I wasn't eligible for their support). It's all been a bit of a mess and so very stressful.

What’s your union saying? I can’t over how poor your rep has been.

I know it’s difficult but keep applying. You said there were EOIs so go for those. If you don’t apply you give HR and your manager an excuse to say you are not co-operating with the process.

The 4 months is a red herring as they need a fair reason to dismiss you. You have a strong case for disability discrimination.

I am out of touch with the latest policies but do managed moves still exist? These can be within or between departments. Have a look at your depts policies.

Ask your TU rep to escalate to the Regional Rep as they should be supporting you.

Seriously I have managed a lot of people in the civil service and taking people who genuinely needed performance managing for very poor performance has had union involvement throughout. There are stages that you absolutely have to go through properly and those reps should be holding heels to the fire to make sure that happens. I’ve also BEEN a rep and I know how much support they have available from regional reps. There is no excuse for how you’ve been left on this.

I agree, I would really insist that your case is escalated. I also wonder if given your union has been so rubbish, if you can join a different one. I think that you might be able to join if you are in the middle of a dispute, would be worth checking.

I really would also give ACAS a ring and ask for their advice. I can't believe that this would not constitute disability discrimination.

I’m no expert but this does sound like constructive dismissal and/or some sort of fail under the Disability Discrimination Act?

Thank you so much for your replies. It really does mean a lot. I feel so alone with this and very scared.

I have sent the trade union rep all the information and am hoping to meet with him next week. Fingers crossed he steps up as I am struggling at the moment to sleep/think straight/feel very low/can't stop crying.

My understanding (from reading the policy) is that they can dismiss me on the grounds that they cannot accommodate the reasonable adjustments that OH have recommended. As mentioned previously, and as set out in the workplace reasonable adjustments passport, I don't think the adjustments recommended are excessive and they are temporary (the hope is that they would not be needed should my health continue to improve). The reasonable adjustments are:

• working from home three days per week;
• when necessary to allow medical appointments to take place in working hours (although every effort will be made to arrange these outside work time);
• being allowed to take annual leave as per departmental policies;
• being allowed to take regular breaks during the working day; and
• avoiding being placed under excessive stress (such as not working excessively long hours).

I am assuming that it is one of these adjustments that is causing all the bother? If so should I ask to be referred back to OH and ask for them to consider amending them or providing a timeframe for when they might no longer be required? I have only actually had one medical appointment in working hours during this time (at the hospital- I made up the time) and I don't take regular breaks so I can't see it being these. Perhaps working from home for three days? - the new policy, of working from home for two days only came into place in May, and there are many more in the team still working from home for longer than this. That said I could, of course, work towards coming into the office more (the business area isn't customer facing, all meetings are on Teams and I have always come in if there is anything requiring me to be in the office) so it hasn't been a problem practically but if its this that may lead to my dismissal I would be happy to ask OH to change it?

Or perhaps they just want me gone?

I asked about managed moves but they have responded 'there is no managed move policy'.

I will apply for any posts that come up - I check daily, just unfortunately since June/July there haven't been a lot.

I have called ACAS but they have said it's too early for them to get involved- that my employer hast have a chance to put things right first.

I didn't know any of this could happen. I knew you could be dismissed for poor performance or attendance but not for needing adjustments. It's so hard and scary.

They are on extremely dodgy ground. None of those adjustments are unreasonable (some are things all staff should be doing) and to deny reasonable adjustments in law they need to have cast iron reasons, usually operational and directly relevant to your individual role. Everything they have done so far is dubious and a decent employment lawyer would query them strongly in a tribunal. Your rep has let you down badly throughout too and you need to demand escalation to his regional rep if he does anything other than say something similar to you. You also have access to legal advice through your union.

Thank you.

I'm not really sure how the union is structured/ works. If someone is the branch chair can they access a regional rep?

If I am able to meet with the union rep next week and he isn't very helpful/ doesn't suggest any action should I just ask to speak to the regional rep? Will they be able to provide me with contact details etc? I looked at the union web page and it just says to contact your local rep- no details for regional reps are provided.

I am sorry for all the questions and apologise of they seem ridiculous/ I should know the answers.

With the possible exception of wfh three days a week, depending on your departmental policy, none of those are reasonable adjustments. They are things that every employee is entitled to.

You are being treated so badly. I don't work in HR, so I can only tell you what I would do. I would email your rep and say that you are being managed out, it looks like constructive dismissal/disability discrimination and can you now have legal advice. I would emphasise that it feels like time is running out.

Is there a CAB near you? They might be able to provide support or legal advice, I'd definitely explore that.