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  • FIRST POST
    • wadihalfa
    • By wadihalfa 7th Oct 17, 12:25 PM
    • 11Posts
    • 0Thanks
    wadihalfa
    Find a new job or your out!
    • #1
    • 7th Oct 17, 12:25 PM
    Find a new job or your out! 7th Oct 17 at 12:25 PM
    Hi,
    I work for a large British Telecoms company as an engineer. (3-years). I had a few periods of sickness due to a bad back. I saw the company's occupational health consultant and he put me on restricted duties for 8-weeks. After the 8-weeks, I saw him again and he said there had been no improvement in my condition and put me on a further 6-months restricted duties. I saw yet another Doctor (OH consultant) who has told me that I may never be fit to return to full duties as I have arthritis in my lower spine.
    In March this year I was told by HR via my manager that I have 6-months to find another job within the organisation or I'm out.
    I have been told that I can expect the next meeting with a senior manager at the end of October.
    For the last year, I have turned up for work every day and have had no periods of sickness. I have been available to help my colleagues in the field by doing what I can taking into account my restrictions. Everyday, I have looked at every job advertised within the organisation and applied to all that are feasible for me to do - to no avail as yet.
    The company has done nothing to find me work, the onus has been entirely on me to find something. Nobody, not even the union, can tell me what the likely out come of this situation is likely to be. I am 54 years young and over the last 12-months feel I have aged about 20 years due to the stress and uncertainty of my predicament.
    Has anyone been in a similar position? Am I likely to be dismissed? Any advice appreciated.
    Many thanks.
Page 1
    • Savvy_Sue
    • By Savvy_Sue 7th Oct 17, 1:43 PM
    • 37,732 Posts
    • 34,063 Thanks
    Savvy_Sue
    • #2
    • 7th Oct 17, 1:43 PM
    • #2
    • 7th Oct 17, 1:43 PM
    At the risk of stating the obvious, you do not have to restrict yourself to looking for another job within the organisation, and in your position I would look further afield and think broadly about your skills and experience.
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 1 shawl, 2 pairs baby bootees,
    1 Wise Man Knitivity figure, 1 sock ...
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    • footyguy
    • By footyguy 7th Oct 17, 3:01 PM
    • 3,683 Posts
    • 1,463 Thanks
    footyguy
    • #3
    • 7th Oct 17, 3:01 PM
    • #3
    • 7th Oct 17, 3:01 PM
    Hi,
    I work for a large British Telecoms company as an engineer. (3-years). I had a few periods of sickness due to a bad back. I saw the company's occupational health consultant and he put me on restricted duties for 8-weeks. After the 8-weeks, I saw him again and he said there had been no improvement in my condition and put me on a further 6-months restricted duties. I saw yet another Doctor (OH consultant) who has told me that I may never be fit to return to full duties as I have arthritis in my lower spine.
    In March this year I was told by HR via my manager that I have 6-months to find another job within the organisation or I'm out.
    I have been told that I can expect the next meeting with a senior manager at the end of October.
    For the last year, I have turned up for work every day and have had no periods of sickness. I have been available to help my colleagues in the field by doing what I can taking into account my restrictions. Everyday, I have looked at every job advertised within the organisation and applied to all that are feasible for me to do - to no avail as yet.
    The company has done nothing to find me work, the onus has been entirely on me to find something. Nobody, not even the union, can tell me what the likely out come of this situation is likely to be. I am 54 years young and over the last 12-months feel I have aged about 20 years due to the stress and uncertainty of my predicament.
    Has anyone been in a similar position? Am I likely to be dismissed? Any advice appreciated.
    Many thanks.
    Originally posted by wadihalfa
    Based on what you have posted, I would say that if you do not find another position within 6 months, the likelihood of you then being dismissed is extremely high.

    I must say, whilst the employer does not owe you a living, I do find it quite extraordinary that an employee with a large (and presumably established) employer, and a member of a Trade Union, is being treated like this, not only by the employer, but by the Trade Union itself.

    In the circumstances, I suspect there is something else going on that has not been disclosed here that both the employer and Trade Union is aware of.

    Therefore, I support the post of Savvy_Sue, and recommend you do take the 6 month window given to you to indeed look for another position ... and not confine yourself to the present employer in that search.
    Last edited by footyguy; 07-10-2017 at 3:06 PM.
    • ohreally
    • By ohreally 7th Oct 17, 3:03 PM
    • 6,262 Posts
    • 4,786 Thanks
    ohreally
    • #4
    • 7th Oct 17, 3:03 PM
    • #4
    • 7th Oct 17, 3:03 PM
    Have a look through Archibald V Fife council, its not recent but is still relevant.

    https://www.google.co.uk/search?source=hp&q=archibald+v+fife+council&oq=arc hibald

    If your union has a disabled self organised group, make contact with them.
    • sangie595
    • By sangie595 7th Oct 17, 5:17 PM
    • 3,800 Posts
    • 6,215 Thanks
    sangie595
    • #5
    • 7th Oct 17, 5:17 PM
    • #5
    • 7th Oct 17, 5:17 PM
    I think I would reluctantly agree - there is no certainty what the outcome would be. The union cannot predict the future. Until the employer does something to dismiss, the circumstances of such a dismissal are unclear. A bad back does not necessarily make a disability in law - although arthritis may be a disability, the lack of any time off sick actually hinders such a determination, because it may suggest that there is no real difficulty in undertaking normal day to day activities.

    I do not, however, believe that there is necessarily something else going on that the union is aware of. I don't have a crystal ball either, and I do not predict outcomes for members either. So far, all that has happened is that the employer has said that they believe the OP needs to find another job if they cannot do the one that they are employed to do. The employer is under no legal obligation to find the OP another job - even is they are considered disabled, it would depend on whether such a job existed. The OP has not obtained another job - possibly because they are not suitable for the other jobs? Simply applying is not enough - one must also be suitable for the jobs in the recruiters opinion and not just in your own. If the employer were to look for them, the same would apply - it must be a suitable match to the OP. We do not know whether that is the case or not.

    So at this point in time the only thing a union could do is to sit back and wait for the employer to act. They may. They may not. And until that question is answered, there is no argument for the union to put.
    • wadihalfa
    • By wadihalfa 8th Oct 17, 9:48 AM
    • 11 Posts
    • 0 Thanks
    wadihalfa
    • #6
    • 8th Oct 17, 9:48 AM
    • #6
    • 8th Oct 17, 9:48 AM
    Thank you all for your replies. I will sit it out and let you know the outcome.


    Many thanks.
    • getmore4less
    • By getmore4less 8th Oct 17, 10:33 AM
    • 29,995 Posts
    • 17,927 Thanks
    getmore4less
    • #7
    • 8th Oct 17, 10:33 AM
    • #7
    • 8th Oct 17, 10:33 AM
    Time line is not clear but if I read the opening post correctly you are no longer capable of doing the job.

    You are working on restricted duties and have been for at least a year possible much longer and there is no expectations that you will be able to return to full duties, potentially if you did return to full duties there would be further periods of not being able to work if it aggravated the issue.

    Even if covered by legislation the requirement is for reasonable adjustments.

    if the conclusion is that the restricted duties are not reasonable adjustments(in that they are too restrictive to perform the job on a permanent basis) then another 6 months is a reasonable time to find a role that would fit within your capabilities(with reasonable adjustments if needed).

    If the employer already has a policy that all jobs should be advertised(maybe an internal board/intranet) then there is not a lot else they can do to help you find something other that create a new job for you.
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