Occupational Health Assessment

outgoingzero

hello everyone, (thread icon chosen as it seem to look like me)

history:

I'm a computer technician who has been having eye problems for over 2 years now. My vision is OK, but I have very dry eyes which make it difficult to work in an office for a long periods. My eyes get very sore, dry, light sensitive etc which can get debilating. Some times when I get home from work I just have to go to bed.

It takes me around an hour to drive to my office in Birmingham, and driving probably doesn't help my eye problems, and it's bright and obviously needs constant scanning, attention from eyes.

To get around these limitations, I both wear special goggles in the office which are basically sunglasses strapped to my head with foam liners. They look out of place but it helps me keep my eyes wet much better than the different drops (>10) I've tried, and everyone is used to them now.

Also, as I can do my job remotely, work have let me work from my house for over 12 months now 2 of the 5 days each week. It has helped my cope, and I've carried out all the tasks I've been asked to, all aspects of my role etc. There has never been an issue or complaint. Over time I've learned where my limits are, and I manage my condition pretty well, making sure I don't let me work suffer.

I have seen Eye Doctors for 2 years now and while they have detected problems (my eyes look fine in appearance), and helped a little, there's not much they seem to be able to do for me. My quality of life is very affected (my life has changed alot because of this) as there's lots of social things I can't do etc, and pain to some degreee every day.

I've been careful to take no sick leave during the last years.

I don't beleive I've let my job performance suffer though. My quality of work is very good which my manager accepted.

I'm very worried about my future employability, and do not consider there's much chance of any disability etc.

Situation:

Work now want to change my hours which I've had for over 5 years, which although this is only by 30 minutes, will mean I'll be driving to the office and back home during rush hour. This is probably would be too much for me. I've told my boss this, and he has now said he'll have to follow the company occupational health procedures, and that I'll probably have to be independantly assessed. He also said that he wasn't happy my role was relevant or fully utilised anymore ("we wouldn't hire your role today"), and felt me working from my house 2 days a week was causing problems in the team (which isn't apparent to me in any way).

I'm not sure where this will go, as the company does still need me for some important tasks, and it's not obvious how they could quickly come up with a replacement for this. One possibility could be reduced hours (which I'd consider as I do find work uncomfortable), others might be medical dismissal or redundancy.

I'll be careful to make notes from now on after any meeting on this.

Questions:

I'm not sure what happens during an idenpendant health assessment. Presumably taking medical records showing evidence of my eye symptomns wouldn't be looked at?

I'm not sure whether it's best for them to find (mistakenly) that I'm fine, or that I'm seriously affected. I'm worried that because my eye problems aren't obvious, and even some eye doctors haven't immeadiately spotted anything serious, and misunderstaning how much this affects me, my life etc. I might just be classiffied as having just minor trivial problems, or even worse, as lying. That said I do have evidenance of identified eyes problems, related autoimmune condition etc.

I'm being careful and will let the company make all the moves (I had considered resigning, but recognise that's not what I should do here). Any other advice?

I am not a member of a union and don't have legal cover under my home insurance policy.

I have read some of the other threads on here and there's been lots of useful info. TIA

R

Weirdlittleman

The company has to make reasonable adjusmtnets which they have done, if you still cant complete the job then dismissal for capability grounds is possible.

I would also ask whether it is appropiate you are driving anyway.

Horace

Have the consultants at the eye hospital said anything about you driving or is your vision ok for driving but you just have dry eyes? I have uveitis and attend the eye hospital every 3 months - uveitis is an auto immune condition and when I have flare ups my eyes become extremely sore and I choose not to drive. If you are still having problems with your eyes then get yourself to the eye casualty.

Although your employer may have made some adjustments have you spoken to Access to Work? Access to Work can assess your workstation etc and make recommendations and will pay a proportion of the costs for any further adjustments that need to be made.

I wouldn't resign..go to the occupational health assessment, they may well ask to see your medical records held by your GP and your consultants..you need to give them permission to do that.

If your employer decides to make your job redundant because of your eye condition then you can take your employer to an employment tribunal for unfair dismissal and disability discrimination.

Instead of driving have you thought about getting the bus or the train?

dickydonkin

Weirdlittleman wrote: »

The company has to make reasonable adjusmtnets which they have done, if you still cant complete the job then dismissal for capability grounds is possible.

I would also ask whether it is appropiate you are driving anyway.

Not much help there then!

Sorry to hear about your condition and it seems to me that you have coped well with the problem.

First and foremost - don't resign!

As for capability, have you had any appraisals that have flagged up any issues relating to your condition or performance?

If not - good.

I understand your concerns, but maybe you are reading too much into the comments from your boss relating to your role.

I would wait until you have seen the OT and see what the outcome of that is then perhaps you will get a better picture of the company's intentions (if there were any in the first place) and agree a strategy from there.

Good Luck.

outgoingzero

Thanks for all the replies.

Sorry, to make it clear I'm fine driving in terms of vision and safety, it's more comfort and the toll it takes on my day rather than my capability to do it. It's probably true though that I wouldn't want to drive to Scotland or anything as I'd really start to suffer, perhaps comprimising my ability to drive safely.

Being in the office for 8 hours is also a big part of the problem and not resolved by alternative transport (which would take much longer anyway), but something I'm coping with on a 3 of 5 days per week basis.

dpassmore wrote: »

Not much help there then!

Sorry to hear about your condition and it seems to me that you have coped well with the problem.

First and foremost - don't resign!

As for capability, have you had any appraisals that have flagged up any issues relating to your condition or performance?

If not - good.

I understand your concerns, but maybe you are reading too much into the comments from your boss relating to your role.

I would wait until you have seen the OT and see what the outcome of that is then perhaps you will get a better picture of the company's intentions (if there were any in the first place) and agree a strategy from there.

Good Luck.

No complaints about my performance at all, and agree that perhaps I'm assuming worst case here. I guess I just expect the worst to happen and anything better such as official recognition of my condition and measures put in place by the company on a more permanent bassis, or part time working might happen. As I say, unless something changes the company still needs me for certain critical things (as far as I can see anyway).

I'm still not sure whether it's in my best interests for the OT to say I'm fine or to say I'm seriously affected. Both seem to be usable by my company to hit me over the head with.

biggaz26

Weirdlittleman wrote: »

The company has to make reasonable adjusmtnets which they have done, if you still cant complete the job then dismissal for capability grounds is possible.

I would also ask whether it is appropiate you are driving anyway.

Are you Annihilator in disguise???

Uncertain

Weirdlittleman wrote: »

The company has to make reasonable adjusmtnets which they have done, if you still cant complete the job then dismissal for capability grounds is possible.

I would also ask whether it is appropiate you are driving anyway.

Although you may have half a point I wonder why you seen to delight in constantly expressing such negative views as bluntly as possible?

I don't think you can possibly say whether the firm have made sufficient "reasonable adjustments" or not under the circumstances. Exactly where this line is drawn is never easy to assess and certainly can't be done from one brief posting on here.

Horace make some excellent suggestions. I would strongly suggest getting an independent assessor in. If the firm decline this or fail to follow their recommendations then they are treading a slippery path.

Providing the OH assessment proposed is with a doctor of consultant level then I would certainly go with it. Any doctor has a clear legal duty to his patient - not to whoever is paying the bill. It may be that he will want expert opinions from an ophthalmologist before he can give a proper OH assessment. Although it is the OP's right to decline such an assessment this would not look good or help his case at all. Again, it is difficult for the firm not to follow any "reasonable adjustments" the OH doctor suggests.

Horace

Outgoing..I would be honest with the OT and say how you are affected, contact Access to Work too because your eye condition is classed as a disablity as it has an adverse affect on your life. Access to Work are all for keeping disabled people in work and can suggest all kinds of adjustments to make your days in the office more bearable.

If your employer hits you over the head with the fact that you have this eye condition (disability) then you can go to the employment tribunal for disability discrimination.

I was thinking of the bus or the train because you won't have the stress of driving. If you live an hour's drive from Birmingham then it will take you about that on the bus and probably 20 mins if that on the train.

outgoingzero

Uncertain wrote: »

Horace make some excellent suggestions. I would strongly suggest getting an independent assessor in. If the firm decline this or fail to follow their recommendations then they are treading a slippery path.

Thanks for this. Presumably I should wait whilst things with the company are still friendly and wait and see what the OH assessment comes back with and how the company responds? I'm keen not to raise the stakes until they do/I have to. There's still the possbility the company will suggest a way forward that is reasonable/I'd be happy with.

Uncertain wrote: »

Providing the OH assessment proposed is with a doctor of consultant level then I would certainly go with it. Any doctor has a clear legal duty to his patient - not to whoever is paying the bill. It may be that he will want expert opinions from an ophthalmologist before he can give a proper OH assessment. Although it is the OP's right to decline such an assessment this would not look good or help his case at all. Again, it is difficult for the firm not to follow any "reasonable adjustments" the OH doctor suggests.

Another good suggestion - I'll try to ensure a consultant is used. I'm planning to co-operate - and it's in my contract of employment to agree to be independantly assessed.

I'm still not sure what assessment conclusion is good for me though:

- Employee only has minor problems (therefore I'm lying, or expected to do full hours in the office at rush hour travel times)
- Employee has significant work affecting problems (that must mean I can't do the job, medical dismissal etc).

Inbetween I guess is favourite, though there's not much I can do that is immeadiately obvious about it.

BTW, no one worry on my behalf about the less than helpful post above (if you were rather than concern for general forum ettiquete).

outgoingzero

Horace wrote: »

Outgoing..I would be honest with the OT and say how you are affected, contact Access to Work too because your eye condition is classed as a disablity as it has an adverse affect on your life. Access to Work are all for keeping disabled people in work and can suggest all kinds of adjustments to make your days in the office more bearable.

If your employer hits you over the head with the fact that you have this eye condition (disability) then you can go to the employment tribunal for disability discrimination.

I was thinking of the bus or the train because you won't have the stress of driving. If you live an hour's drive from Birmingham then it will take you about that on the bus and probably 20 mins if that on the train.

Thanks - I'll keep that in mind. Again, I assume it might be provocative at this stage while everything is friendly? Not that I don't have rights etc, but I'm trying to delay any atmosphere while no direction has formed. Tell me if you think this is a bad idea.

BTW, I don't work in this location (sorry for the untruth). I'm just a little paraniod about my employer identifying me with details. I'm not using work equipment for posting of course either.

Edit: On the plus side, turns out I do have legal cover in my house insurance including employer disputes. That's a last resort of course, but good to know if I need it it's there.

Horace

I still think that you should consider contacting Access to Work (they don't come out straight away either so you may have to wait for an appointment before they visit you in the workplace). Seriously, it isnt rocking the boat - it is something that helps you go about your work. Have a look at their website at least https://www.direct.gov.uk/accesstowork

Don't be afraid to ask for help.

I know what it is like having been in that position.