Undiagnosed illness, need adjustment to working practices, no response from HR - help!

[MargoLivebetter]

I need some help or guidance for my DS please.

He works in the events industry. It is a role that requires a degree of manual work as well as technical work, so pushing and pulling equipment around and a lot of walking and scrambling around venues. DS has been with the company for 18 months now and has had some significant health issues come about in the last two months.

He thought he had sciatica or a trapped nerve and had a few weeks off work. He kept his boss & HR fully informed and made sure to get all the right fit notes and letters from the consultant etc, which he shared with work. However, the MRI he had doesn't seem to support a trapped nerve and he is now being investigated by a Neurologist. He has nerve pain and significant weakness down his right leg, some of his toes seem not to be working properly and he has decreased sensation too. The Neurologist has noted he can only be on light duties at work - no heavy lifting and has advised in writing that he doesn't work solo, in case of sudden weakness.

Again DS made sure that his boss and HR had copies of the letters. There has been no comment at all by his boss or HR. His boss persists in putting him on jobs by himself, which DS doesn't find out about until he is there on his own!

It is a big company with a HR department and no one from HR has been in touch with DS at all, even though the letters from the GP and the neurologist clearly state that adjustments need to be made.

I've only ever worked for companies where HR have been decent, so I can't tell if I have just been lucky and this is the norm, or if DS needs to kick up more of a fuss here.

Obviously DS is beside himself with worry as it is, thinking he might have MS or a degenerative neurological disease. He can barely think in a straight line and just getting in and out of work is a massive effort.

If anyone has any HR experience or has dealt with a similar issue with their own workplace, I'd be really grateful for any advice.

Does anything they are doing breach the HSE guidance on lone working at all? That’s the angle I would take if applicable.

Maybe the adjustments he requires to be able to do the job at the moment are not reasonable? I’m not sure where he stands legally in that situation as he has only been in the job for 18 months. Is he in a union OP?

Can he get signed off from work and let them know that he will be back following a meeting with HR?

No, he isn't in a union.

I could understand if his employer thought that the requests his medical consultants has requested were not reasonable, but shouldn't they have let DS know that?

He could get signed off again, but he is really worried about having loads of sick leave on his record. It is one of the few things that can be declared by a previous employer in references. He'd also rather work, that be at home worrying about it all. He hates not having anything to do.

They definitely should have let him know but maybe they are considering their position?
It would be worth talking to ACAS or the CAB to see if it would be better for him to take time off or to try to work with adjustments. It’s a difficult and stressful situation for him so I hope he can get it resolved quickly x

Your poor son, he must be worried.

Are you clear about the medical investigations and the timeline? Do you have the funds for him to be seen privately? At work, could he request a referral to their occupational health service?

Also, worth a look at Access to Work, which can help pay for travel to work or equipment if needed.

Thank you for the suggestions.

@LadyLapsang he has private health insurance with his job, so he is being seen privately. OH is definitely worth considering.

I would definitely explore the OH route but it’s worth bearing in mind that it could also be determined through assessment that he’s not able to do his job.

Can he do his job if he can’t work alone or do lifting ?

@ALovelyPinkUnicorn yes, there is plenty he can do and he is part of a team. Shouldn’t be doing heavy lifting solo at all!

When your DS handed in the letters he should have met with his manager to discuss how things will work in practice. He needs get a meeting organised if this hasn’t happened yet.

I assume the recommendations by the neurologist are temporary if they haven’t yet decided what is wrong. Does the manager understand this? Has the neurologist given an indication of what he thinks is wrong and potential treatment?

An OH referral would be useful in terms of rubber stamping the adjustments but they probably can’t do much more at the moment as, without a diagnosis, they don’t really know what they’re dealing with.

@Maviaz, no the neurologist hasn't suggested a diagnosis yet. He has ordered more tests and they are booked in. DS has also started physio and the physio has proposed a 10 week programme to start trying to rebuild strength in the weakened leg. DS has kept his manager and HR informed at every step. DS has gone through the recommendations with his manager who says "Sure, sure" and then seems to completely disregard what has been agreed.

Im afraid in this situation, letters from Drs are just advisory.

Why dont you (he) ring ACAS and chat it through with them to get a better understanding of his rights.

Has he just forwarded the letters from medical professionals or asked for a formal accommodations meeting?

This is a side issue; I strongly suggest you prepare for the possibility objective evidence is not found ( many conditions won't show up on scans).

And then.....the neurologist wants to put FND on your son's records. I will never stop shouting out about this FND diagnosis as much as anyone wishes to protest here.

It's usually more attributed to young women. It originally was applied where some type of thinking was influencing the feelings or problems rather than an objective problem.

Things like being very hyper mobile or particular autoimmune conditions won't always show up.

This does not have to mean this is serious for your son.

FND closes doors and suggests things that allow a neurologist to say ' job done here'

I would very strongly object to it going down on anything if any neurologist suggests it. I would ask instead for the objective evidence neurology has to validate that.

Good luck.

@ChavsAreReal hadn't thought of ACAS, that might be a good idea. I had some vague idea that employers had a duty of care for health and well being.

He hasn't asked for a formal accommodations meeting @TY78910 . I don't think he knows that that is (neither do I!).

Ahh ok, managers who aren’t on top of things won’t initiate it. So your son needs to ask for a formal accommodations meeting (where he discusses what he would like to be made as an adjustment for his condition). As part of that the employer should refer to occupational health who will come back to them with a list of recommendations. They don’t have to agree with them if for example they’re unreasonable for his role, but in most cases they will be able to find a middle ground.

edited to add: your sons employer is probably just thinking he is submitting the letters just to support his sick leave and not thinking about adjustments going forward

Has he specifically asked for a meeting to discuss adjustments?

edit - I see he hasn’t.

he just needs to ask for a meeting to discuss. Tbf this should be covered in his return to work meetings.

we can’t just make reasonable adjustments, we have to have a meeting to document the requests discuss feesabilty and possible additional adjustments or alternatives.

i appreciate he’s stressed but he’s an adult and really needs to take ownership of this.

@JustFrustrated thank you. He has autism (diagnosed since he was a child) and finds dealing with this kind of thing super stressful. I don't understand how it all works myself, so i don't even know how to advise him to take ownership of it and he definitely hasn't got a clue!

So ACAS are a great starting point.

but honestly he just needs to email his boss and request the meeting