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.

Basically you need your rep to take action - which is clear representation on your behalf to HR about how this is being managed. As above, mention that you are seriously concerned, you don’t feel the law is being applied, and you feel this is heading to constructive dismissal. If he doesn’t for any reason act quickly, ask him to escalate this to regional office. He will know his regional lead - they meet the branch chair and secretary often and are there for advice. Also check the arrangements for accessing your legal advice directly. Which union are you in?

This from Prospect might help. Basically if your local rep is very experienced they might act for you by themselves at this stage because you’re at an early stage and an email to HR flagging up concerns about what you’ve been told may be all that’s appropriate or that you feel comfortable with. But they all have access to the regional rep who is probably also the caseworker. The caseworker will have relationships with key people in your department’s HR function, so won’t be a stranger to them, and they are full time experts. If your rep has not already even discussed you with one, that needs to happen.

prospect.org.uk/get-involved-in-the-union/different-types-of-rep/

Check your home insurance policy etc as you often have cover for legal advice etc which you could use to get advice from an employment solicitor, which would cost you nothing at all.

I also say to phone the union office and ask for your case to be escalated due to the poor performance of your local rep and the (very dodgy) meeting your union rep and HR had, which you were not invited to !

Tell union that you appear to be actively being 'managed out' solely due to your disability, and that you expect active union representation and not the 'passive' and half hearted representation you've received so far.

I know that you've been anxious to do things correctly and to not 'make waves', but this has only emboldened your employer to try to block your access to any actual 'work' and encouraged them to behave underhandedly. (managers only mentioning things in person and not putting anything in writing etc)

Politely refuse to have any further 'meetings' or 'discussions' with management without your union rep present. You have the right to be represented at all meetings/discussions about you/your future employment.

Keep a diary of ALL conversations e.g The repeated mentions/offers of 'medical retirement' and of there being 'no job suitable' for you etc Dates/times and content. Try to include what has happened in previous 'meetings' etc.

All and any 'conversations' need to be followed up with emails e.g As per our conversation earlier today, I just wanted to summarize the content.
Then put bullet points e.g

1. You explained that there were no 'managed move' policies, and that it is not something you'd be able to consider.
2. You said that there were no jobs suitable for me at my grade, and that the ones currently advertised were not suitable due to ......

etc etc

EVERY conversation/information given etc etc EVERY time.

This makes it 1000% harder for them to deny that conversations took place and that the content was 'incorrect' etc. It leaves them in NO doubt that you will follow up everything they've said in an email, thereby providing a tribunial full 'evidence' trails.

It also means that they HAVE to either 'double down' on illegal moves to remove you, or 'correct' your 'impressions' to give you the legal truth.

Excellent advice. And I had forgotten about your rep’s earlier dodgy meeting - sorry - so would agree with contacting your head office and asking to go straight to your caseworker/regional rep.

It's not constructive dismissal if they're saying they would move to dismiss you.

Only a tribunal can determine whether a requested adjustment would be a reasonable adjustment under the EA.

It's completely lawful to dismiss someone who can't do the role due to disability where there are no remaining adjustments (including redeployment) that would be reasonable.

avoiding being placed under excessive stress (such as not working excessively long hours).

I would imagine this is the one that is causing most concern - it's vague and undefined which means they can't implement it. Certainly not with any confidence that it won't turn into an ongoing dispute that leaves them walking on eggshells. This goes beyond simply complying with their duty of care, it's asking to ringfence you from the stresses inherent in the role.

For someone in a senior role - which by its nature comes with more pressure - this does just sound like OH saying you can't do this role and your needs are incompatible with the role requirements.

If it had been a specific, measurable proposal that was compatible with the requirements of your grade, they might have reacted differently. But I can see how they would have read this and had serious concerns.

I think you need to look at lower grades if this is the recommendation. Being practical, the only way to implement an adjustment like that is to move into a lower grade, lower stress role.

Thank you for your response - and for being so frank.

The recommendation around excessive stress was only made because, on a couple of exceptional occasions, I have previously been required to work throughout the night (over 20 plus hours solid) to meet urgent deadlines (when for example Ministers have decided they wanted to publish something urgently). I knew that during my phased return to work I wouldn't be able to do this and said as such, but the requirement to work such long hours was never in my job description so I may have just been over cautious/ anxious when referring to these occasions?

It's not a standard requirement of my grade and actually occurred when I was in more junior grades - definitely not something that other colleagues in my team have been asked to do recently. I just wanted assurance that it wouldn't happen on my immediate return to work. It may be possible that as my health continues to improve I could do this again, on an exceptional basis.

OH have said that I should be able to work at my grade. If you think the doubt about whether I can is because of this recommended adjustment should I ask to be referred back to OH for it to be re-considered? Perhaps it needs rewording/ a more specific, measurable proposal?

You have said that It's completely lawful to dismiss someone who can't do the role due to disability where there are no remaining adjustments (including redeployment) that would be reasonable. Other than the phased return and the adjustments proposed above (which they are not happy with) no other adjustments have been made.

The recommendation around excessive stress was only made because, on a couple of exceptional occasions, I have previously been required to work throughout the night (over 20 plus hours solid) to meet urgent deadlines

This scenario should not have been classed as "excessive stress".
I am involved in writing required adjustments and this would be phrased as you should not work beyond the core daytime hours of your working day and you should not do any overtime. That's a common reasonable adjustment many people have. This is manageable and measurable in many workplaces.

Excessive stress, as a PP has stated, is difficult to quantify, varies according to what an individual finds stressful and therefore very difficult to implement. This may be why they are saying there is no suitable role.

I think you will need to go back to OH for a review of your current health status and to see if this adjustment is still required or can be removed.

Good luck

Thank you. I didn't appreciate that there were common phrases/descriptions that were used when writing reasonable adjustments. I haven't been in a situation like this before.

I just described to OH the scenarios I was concerned about/that contributed to my ill health and they provided the wording. In their report they did provide examples eg avoid placing her under excessive stress including working excessive hours and/or being shouted and sworn at.

Is there written guidance anywhere? I hope you don't mind my asking - in what capacity are you involved in writing reasonable adjustments? Is this a service other people provide and, if so, how can it be accessed?

The OH report did say that the arrangements should be reviewed regularly so hopefully this may be something that they would allow? My employer hasn't previously explain that they had a problem accommodating the reasonable adjustments, which were proposed at the beginning of the year, and so when I last spoke to OH we didn't really discuss them in any detail. OH just said was I happy with them - I said yes (the discussion on this was literally for less than a minute).

It all feels such a mess.

@Usernamechanged24 I think some responses have been harsh. There is no specific wording to use on reasonable adjustments because they are unique to the person. The idea, like objectives, is to be as clear as possible.

At this stage I see no reason to go back to OH a 3rd time. The fact the OH stated you should not be shouted or sworn at is evidence that you were working in a place that did not treat you with dignity and respect.

I still believe your priority is to apply for jobs including EOIs. Securing a position at your current grade is your priority. If you don’t do this you are playing into HR’s hand as they can accuse you of not helping yourself. Yes this is me being harsh, but it is the one area you appear to be struggling with and you need to understand it is key to your long term future. Trust me fighting unfair dismissal will be far harder than applying for EOIs.

The second thing I suggest is writing out all the reasonable adjustments the OH has recommended, including the phased return etc. Put them in a table Head the second column Current Status - so against the phased return put closed on (date). Do the same for each reasonable adjustment using closed, in progress or open. Then head the 3rd column Update and go through the list and if closed provide a brief summary e.g. phased return commenced on X working y hours and increased to full time as per OH recommended schedule.

Against the “in progress” reasonable adjustments in the “Update” provide an update of how you have progressed. You can also suggest rewording to make clearer as per@Brenelope. Where you are still improving put that in, I.e. suggest a review in 3 months etc.

Do the same for the “open” ones, include “undertaking work appropriate to your grade” and put HR and Manager have not provided appropriate work which is hampering my recovery. Plus “To be given a role appropriate to my grade with a job description.”

WRT stress the HSE have a whole toolkit https://www.hse.gov.uk/stress/standards/downloads.htm

This questionnaire https://www.hse.gov.uk/stress/assets/docs/returntowork.pdf may help you phrase your reasonable adjustments.

Do you mind saying what grade you are? I ask because it helps put things into context - eg if you're a G7 vs a DD puts a different complexion on the "excessive stress" point. For instance, I think SCS contracts are worded more "work til the job is done" vs the delegated grades "work your contracted hours".

I'd focus your time on applying for roles in other departments, there is more coming up now. You're at risk of redundancy now so you'll qualify for the guaranteed interview thing that you'll see in the first part of applications on CS jobs.

Do your due diligence on jobs, call the vacancy holder and check it out. I saw one the other day where an essential critera was "ability to work to unreasonable timescales"! I dread to think what that means. But there will be plenty out there which are turn up, do tour 37 hours, go home.

I'd also contact the union head office and ask for proper representation. Your local rep is not doing their job. Do not leave and join another union, you will not get representation for an existing issues elsewhere.

@Usernamechanged24 I am an HCP who can be asked to write Fit notes, return to work plans and required Reasonable Adjustments for my patients.

There are no stock phrases as it's tailored to every person. In the scenario you gave I would be recommending you did not work beyond your standard working week or unsociable hours as this could exacerbate your condition. As I said previously this is a common adjustment. I usually detail any aspects of the job role which my patients may find difficult and would be better avoided. I wouldn't be vague, I would state X,Y and Z will cause stress/pain/dizziness etc and therefore may exacerbate symptoms.

I would NOT class not being shouted and sworn at as a reasonable adjustment on grounds of disability as this is something no-one should be subjected to in their workplace whether disabled or not! I would have directed you to the union and HR to address this way in advance of return to work.

I'm assuming you've had an HCP involved in your care, did they have any input into your return to work and guidance on whether your previous job role is still suitable for you?

I’m sorry I don’t have any helpful advice but just wanted to say how sorry I am that you’ve had to go through this and it makes me ashamed to be a civil servant. (And worry about how things would go if I ever found myself in a similar situation,)

Thank you once again for all your really helpful advice and support. I am ever so grateful. I will do as pp say.

I do have a Consultant and two other Drs involved in my care. The Consultant provided advice and a report prior to my return to work (it was in her report that included, amongst many other things, references to excessive stress , excessive hours, shouting and swearing - OH/my employer simply cut and pasted from her document) . My employers said they would consult with her again ( I had to sign more consent forms) but haven't done so.

I'm not at SCS. They aren't talking about redundancy - saying I would be dismissed!

Sorry I meant to add - I don't just want to do my 37 hours and run. I am happy to work above and beyond my contractual hours (as I have demonstrated since my return). It had just got crazy before I was sick - unnecessarily so I think. There has been a reorganisation since then so hopefully it wouldn't be the same now but I was unaware of this/ anxious when I was preparing to return.

Sorry I should have added that my Consultant , Drs and OH all advised that my previous job role was still suitable for me. They just recommended that reasonable adjustments were made to help me (as set out above) and that these should be reviewed every six months/ yearly.

You have said that It's completely lawful to dismiss someone who can't do the role due to disability where there are no remaining adjustments (including redeployment) that would be reasonable. Other than the phased return and the adjustments proposed above (which they are not happy with) no other adjustments have been made.

The EA only requires employers to make reasonable adjustments. If their position is that requested adjustments are not reasonable (as defined by EA), they don't have to make them. And if the person can't do the role as it is, then they can dismiss.

It's also lawful to restructure a department while a disabled person is on sick leave and then make them redundant if the result is that nobody is required in that role anymore. E.g. if someone was off sick for cancer treatment (and therefore disabled under EA) and their work was redistributed such that the employer realised they didn't need that person anymore, they could lawfully be made redundant.

Although your employer isn't talking to you about redundancy.

I'm not making these points to be "harsh", I'm just clarifying the limits of the "protection" you have under the EA, because you have had a few cheerleading posters giving you false hope about what the law provides in these circumstances. E.g. the talk of constructive dismissal is irrelevant to your circumstances and unhelpful. Even if this was constructive dismissal, almost nobody ever wins a constructive dismissal case at tribunal - the bar to prove that is exceptionally high.

You need to be very clear on what outcome you are trying to achieve, the likelihood of that being realised, and the price you are prepared to pay for it. Tribunals are hideously stressful, your employer has more resources than you, and you're already struggling with the present situation. I struggle to see how getting into battle is going to be in your best interests in the long run.

Your comments that you feel too stressed/anxious to apply for any of the other roles you're seeing undermines your position about being able to cope with the stress of your previous role. If they are observing these reactions in you, including your consistently passive responses, it's only going to be adding to their concerns. Drawing out this conflict and limbo can't be doing your recovery any good either?

If you were my friend or family member my advice would still be to focus on alternative roles and to be proactive about pursuing them. I really do understand how upsetting it is to have your career derailed by illness and disability beyond your control, but that is where you find yourself and you need to be pragmatic. Give yourself a chance for a fresh start and to begin moving forward.

@atticstage WRT reasonable adjustments, the op works for the Civil Service, the bar for not making reasonable adjustments in the CS is high. This is because of its size, wide variety of roles and £££.

After all if the Government can’t accommodate fairly straightforward RA, which these appear to be, how can they expect any other employer to make them.

Just to be clear that I have been looking for roles- every day. Unfortunately there haven't been a lot recently (summer/new government? ) that I have been eligible for. I am hoping that more come up in the coming weeks and have spoken to other contacts to see whether anything is in the pipeline.

I don't think the adjustments recommended by OH were unreasonable and they were all temporary as my health continues to improve. I will speak to my Drs again about the one relating to excessively long hours/stress and see what they say.

I have worked for the civil service for circa twenty years. Frequently gone above and beyond - for them to be unable to support me through this period , despite my now being back doing my full time contractual hours and receiving positive feedback for my work is disappointing but as you say it is where I find myself.

Challenge them on which policy they're considering dismissal under. When I move roles in the CS I always read all the HR policies as one of my priority tasks. I've not come across a policy that covers this situation. Ask them to send you a copy or point you to the relevant part of the staff handbook/whatever they call it on your intranet.

Your adjustments are very simple and also very free of cost!

Hello OP

Apologies, I’ve not RTFT so I’m not sure if you’ve already done this, or if someone else has already suggested it, but please get in touch with the Civil Service Workplace Adjustment Service (CSWAS). They offer something called Review Route which is an impartial review service open to all CS depts where there’s been an impasse reached between management/HR and an employee that needs workplace adjustments. They can speak with your manager on your behalf (with your consent) or facilitate a conversation between you and management/HR to explore why/where/how a stalemate has arisen, and make suggestions that may not’ve been explored before.

They really are the experts. Please reach out to them if you haven’t already. It’s worth a shot!

[email protected]

Thank you very much. I've never heard of them before. I will email them (as well as continue to look for posts etc ).

@WilsonRV good call I had forgotten about CSWAS.

Just to provide a little update - I've applied for three jobs and been shortlisted for interview for all three!! I'm not very confident about the interviews (haven't done one for years) and after my recent experiences my confidence isn't great . But it's a start- at least I know my written application technique must be okay?

Any tips about how to manage interview nerves (keep becoming a sweaty mess - think it's anxiety)? Also is it better to do the interview in person or on Teams?(they have kindly offered a choice). I was thinking in person but then thought the sweating/ anxiety might be more obvious?

Now to buy the interview clothes....

Thanks again for all your help, patience and support. I know I'm not there yet but it's a start?

Great news OP!

@Usernamechanged24 thats great news.

I think an interview in person is better. Remember everyone gets nervous and anxious.

What you could do is ask a colleague (s) to do a mock interview to help you prepare.

I personally prefer Teams interviews. You can set up your workstation with your notes placed strategically around so you can refer to them easily. No one can see you sweating ! And place little post it's around your screen saying things like "smile", "BREATHE" etc
Evert time you are asked a question, write down a key word or two from it so you remember it and then repeat it back to give you a moment to think

Eg
Tell me about a time you had to juggle two competing priorities from two different stakeholders

You write: "competing priorities" on your notebook as an aide memories

You say: OK so an example about competing priorities, right so ....

Good luck