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Can 'line managers' be given access to previous OH reports on you?

27 replies

Silverhope77 · 21/02/2025 22:17

Asking because a colleague who recently returned from sick leave found out my interim line manger before I left for maternity leave had requested a report on her to find out if she had mental health issues, so it's likely they'll do the same on me. She called me to give me a heads up. Is this legal? If so, how low can an employer go legally to provide evidence for dismissal if you are legally protected ?
Our workplace is going through a huge restructuring and although both me and my colleague's jobs should be safe, we've both encountered underhand tactics to get us to leave or sacked. It's feral and toxic, unlike anything I've ever experienced.
My original line manager referred me to EAP and OH back in early 2023 after I had a serious bout of illness and MH issues over 8 months in 2022. The referral actually saved my life. I got a proper diagnosis through work's health insurance and went on to happily return to a new role. I was lucky enough to fall pregnant with my second child last year. I do have a disability but assessment took years and formal diagnosis was only confirmed last year. I will be requesting reasonable adjustments on my return to work in September. However my new line mangers put me through an awful performance review a few weeks ago (while on Mat leave) and have graded me as being off track. I believe it was so they can constructively dismiss me without fair severance. They told me there were more job cuts to come and those with off track grades would be likely to lose their jobs. The rating will go against me if I try and go for other roles in the organisation. I've never had a poor performance rating in my career and I've been at my current workplace for 10 years. I acknowledged some of the feedback, but I had evidence to prove the outcome was not on my failure to perform, but the circumstance. Most of feedback given to me was marked as verbal and highly biased. It was never discussed with me prior to this meeting with me, nor raised at any point before my leave. Unfortunately I can't change the rating, I was only made aware of it in the last day of grading. I submitted my comments to the review into the HR system.
My current managers claim they supported my health and pregnancy but nothing was ever formalised. There is certainly nothing in writing acknowledged by me. Apparently my original line manger threw me under the bus a bit before he was made redundant last year, again feedback was verbal. But could he have shared my OH reports with the new managers? And is this legal?
I know there is more headcount than roles now and it's more competitive for those roles than before I left. The market is harsh and I can't afford to be out of work.
I've been in touch with ACAS and I'm speaking to a lawyer on Monday but I'm trying to prepare myself for any further nasty surprises. I'm nervous about going down a grievance route because the medication I was put on by the NHS in 2022 led to seizures and horrific cyclomania, I had a minor car incident with legal repercussions due to my state of mind at the time. I don't want it dragged up again and feel it's unfair to do so. Ironically I had a good end of year rating then, and the following year. Thanks for reading.

OP posts:
Silverhope77 · 22/02/2025 18:58

EmmaMaria · 22/02/2025 11:37

You added some new information about being made redundant already, and redeployed... My role was made redundant in July, it was confirmed in writing I would be moved into an equivalent role on my old team. Despite asking several times what it would be the team leads wouldn't provide details. I don't think there is a role. More business lines have been cut since I've been on leave, on of which I assumed I'd be managing on my return to work.

Could you please elaborate on this as it is important information which you did not include in the OP. Timescales would also be useful, please?

(a) your manager can go "digging around in reports" that they have possession of, but they cannot go on fishing expeditions. OH are very unlikely to give them anything, and if they did it would need to be related to a "now" situation - so a reasonable adjustment or something like that. The previous report ought to be on your personnel file anyway. That would be quite normal. But they certainly wouldn't be able to hand over any material that you hadn't already agreed to the employer having. I honestly think this is less of a problem than you think - using a previous episode, or even an ongoing episode of mental ill health against you would actually be a "gift" because it would hand you a second potential area of discrimination.

(b) you need to focus on what is real. Things that are implied or that haven't happened are impossible to quantify, to evidence or to do anything about. I will, however, confess that criteria based on performance are notoriously difficult to argue in a tribunal, and if they say that they took your circumstances into account that will be accepted unless you have overwhelming evidence that isn't true. The problem is that a tribunal may not, in law, replace the judgement of an employer with their own. So they couldn't listen to both side and say that your argument that it wasn't your fault was better than the employers argument that your performance was poorer even taking your circumstances into account. They would have to accept the employers judgement. And your previous record will not, in law, change that position.

(c) I am slightly confused by the fact that I think you are on maternity leave - if that is so, why are you attending meeting with work about performance or pay? Those things would normally be shelved until you are back at work.

Sure, apologies, it's long.

In February '24 my line manager announced he was going on a sabbatical in April. I found out I was pregnant in March. I told my line manager and the interim manager who was taking his place I was pregnant even though it was early days because I had bad all day morning sickness.

In May I got a call from one of the business heads to let me know there would be a restructuring and my role was at risk, but I would not be at risk due to my pregnancy. The period of consultation was likely to take a number of months.

In July, the same head contacted me again to say he'd sent me a letter to confirm my role was to be made redundant and I would be moved to a similar role and grade on X team under the proposed new structure. I asked what my role would be and was told it hadn't been decided, but it would be one of the roles left on the team at my grade once the structure was finalised. My line manager and half my team's roles were made redundant. The rest had to reapply for their roles.

In mid-August, I had what I thought was my interim performance review and handover meeting with the interim manager (which she never logged).

Early September, I had a meeting with my new line manager and the head to discuss work to close down, or do, before leaving. I asked again about my new role, I was told the structure was not yet finalised.

Just before I went on mat leave in October I was asked to submit my self-assessment review. I said I had closed this in August with the interim manager. The end of year forms were not even live on the system as it was too early.

In November, I was chased to submit the self assessment so I did.

January this year I was asked to book an end of year discussion and mat leave check in. I questioned both and was told not to worry, there had been changes since I left and they wanted to do things properly and keep me up to date.
16h January, I had the end of year meeting on Teams with my new line manager and the head where I was given my rating, review and feedback. I asked them to send me the written document so I could respond, which they did on the 17th of January, although I had to chase. I was 3 months postpartum at this date. I submitted my feedback to the written review on the 29th of January.

31st of January I had a mat leave check meeting with them. Apparently, these are normal, although I never had one in my first pregnancy unless I requested it. I allowed it because I'd seen news stories about more restructuring taking place and further jobs cut. I wanted an explanation from them on the new structure. The detail was slippery, to say the least. A large part of the business is gone and regions merged The proposed structure when I left in October clearly no longer exists.

They did not want to discuss the feedback or my role plan on my return as it was a check-in meeting, not a RTW meeting.

I still have the pay meeting booked for next Friday which I'm considering cancelling. I said in the last meeting I didn't think it was necessary to meet again until I wanted to book a KIT day, they seemed to accept that.

a) I am slightly worried about the previous reports, but they were from 2022. I shared them with my original line manager and he said they would remain confidential. But you never know. Also, I'm better now.

b) True,* *I've only witnessed one successful payout to a peer because there was clear physical evidence a business head undermined and blocked her. I didn't expect this level of underhand behaviour to happen to me. It's pretty low, and I suspect it could get worse. I want to avoid any further surprises if I can.

c) I think this is covered in my timeline.

Thanks again for your feedback.

OP posts:
worldwidetravel2017 · 23/02/2025 16:31

Unions are worth thelr weight in gold

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