not sure what to do

i_love_curves

hi
i have been asked for advice today not sure what to say
ill keep it as short as i can i may miss some info you need but please ask.

a friend of mine has been off work for 6 weeks with stress related issues both at work and everyday life.
issues at work are both job related and shift problems and reducing hours and things have just got on top of him.

He has followed all procedures meeting with occ health when asked
occ health agreed he was unfit for work up until there last meeting when they reported back that if they offer better shifts he will be fit for work again which clearly is not the case you can see by looking at him he is not the man i know very short tempered not wanting to get up in the morning saying would anyone really miss him if he was not around.

he had a meeting yesterday with his manager (at a cafe not in work becasue he cant breath when he goes near there).
he is on beta blocker some medication for his headaches and sleeping pills due to get 2/3 hours sleep a night. he was told in this meeting that he can have better hours and then told him he WILL be returning to work this coming monday on a phased return so 2 hr shift. i must add at this point he is still signed off by GP. they also told him if he does not return he will be classed as AWOL and pay will be stopped from that day.
today he as seen and spoken to cab and acas who have said they cannot stop his pay becaus ehis contract says if he has followed all procedures he is entiltled to full sick pay for 6 months and 6 at half, they also said nowhere does it say occ health superseed his GP opinion. they also said it a tricky on because his employer have not actually stopped his wage or classed him as awol they may be doing it to force his return, they have said if they follow this through he then has grounds to take things further as they will have breached their own contract. but like other he has bills to pay and does not feel like he can run the risk of not getting paid.

im not really sure what to say to the poor guy all comment very welcomed.
if you need more info pls ask

jazzyman01

From what you have written the Company have gone through the normal processes, to a point, when trying to assist someone back into the workplace.

Although I understand the position regarding his being signed off by the gp, most gp's see the individual briefly whereas the occ health know the job and usually spend some considerable time with the individuals.

The company seem to be trying to carry out the recommendations of the occ health, ie graduated return to work. I think where they are being a little heavy handed is saying he will be treated as awol if he does not return. Personally I would have preferred if they had suggested him going in and being carefully monitored the first 2 hour shift.

There does not appear to have been much intervention by his gp if the only medication is sleeping tablets and medication for headaches. I would expect a much more robust programme of counselling and/or medication.

From a Company point of view they are trying to adjust the work pattern to take account of his illness. If he cannot do even 2 hours then even reasonable adjustments are not helping him and they are likely to take this down the medical dismissal route.

It really is better for him to try and get back to as much a normal life as possible, which does mean getting back into the routine of work. The Company have provided a solution and, whilst I think, as stated, this may be a heavy handed approach, he needs to consider it very carefully. You state that this is not just work related, but he has obviously built it up where even the prospect of going into work is too much.

Kay_Peel

The longer your friend stays off work, the harder it will be to return, eventually.

The company have made a proposal of a 2 hours shift to begin with. On the positive side, he will have something to make him get out of bed. On the negative side, it's probably not what he wants to hear - he just wants to be left alone and needs the space.

I feel that he must work with the people who are trying to help him.

If he cannot manage 2 hours every day to start with, can he manage an hour a day? Or what about working for 2 half days on (for instance) Tuesday and Wednesday? Can he think of any other reasonable adjustments that the employer can make to ease his return to work - starting later in the day, working with particular colleagues, avoiding particular kinds of work - that sort of thing.

If he can come up with a plan that convinces the company that he is willing to try different arrangements, then they must consider it.

Good luck with helping your friend.

dmg24

I would agree with jazzyman01, and I would take the advice of CAB with a pinch of salt, though the wording that the employer has used is harsh, their proposed plan of action would not necessarily make them in breach of contract.

OP, if your friend thinks that the opinion of OH is incorrect, they need to ask to be referred back to OH to discuss this opinion, provide extra information if required etc.

One point that may be worth raising with the employer/ OH is the issue of the employee's short temper. The employer has a responsibility towards all of their employees, and as such, putting somebody into the workplace when they are aware of this issue would be very irresponsible. Perhaps the employee (or his GP?) could write to the employer explaining that he is potentially a risk to others, as well as himself? He should make it clear that this is symptomatic of his condition, and not a long term thing, but he does not want his condition to have a negative impact on the workforce as a whole.

i_love_curves

thanks for all your input guys i have spoken to him again today he is wanting to return to work just not right this second because he feels he has made progress and does not want to find himself going backwards by returning to soon.