Am I at risk of being "laid off" if I ask to see the Occupational Health advisor?

SarahLou

I can't (or rather, won't!) divulge my line of work so I'm afraid this is going to have to be rather vague. But any advice would be greatly appreciated as I'm in a real quandry over what to do.

Heres the background info:

Had a bad horse riding accident just less than 5 years ago whereby I took a few falls, one of which resulted in me fracturing my spine.
I got back up again (not realising the severity of the injuries at the time) and even got back on the bloomin' horse as I fell off during a trial "interview" for a job (how foolish of me :rotfl:)

Anyway, some 2 years later, after experiencing bad back pains on/off (more on than off), and after having a baby, I decided to seek medical advice. It was at this point that the x-rays took place and I got my diagnosis - fractured spine (compression fracture) that'd healed but not in a brilliant alignment and in addition to this I also have "degeneration of the spine" too (lovely).

Lots of painkillers, physio and acupuncture later, it has been a lot better. I put in for a part time (physical) job rather than returning to my old place of work after my maternity leave ended. This job was in the same line of work as I'd done some years previously. I got offered the job but then had to see an Occupational Health person before being able to start. I basically had to blag my way into the job - to which I vividly remember him saying he was pleased to meet me and it was a pleasure to talk to me as I was wanting a job instead of trying to get out of having to work(!)

Anyway, I got the job, started the job and all was well. (I knew I'd be fine with the job, as, having done it before, I knew what would be difficult (heavy lifting, etc) and what wouldn't - on a day to day basis - it would be fine. So I didn't tell any porkies to the Occupational Health bloke at all. So that was that. I've been in that job now for coming up to 2 years.

About 2 months ago though my job changed dramatically. Again, I can't state in what way but lets just say its gone from a physical job handling one type of thing to a very physical job handling many other things - these things are much heavier, much more difficult to handle and far more dangerous. I'm lucky in that I'm just part time but needless to say, on the days that I've been in and been put into the new "role" (which we've all been told we'll have to rotate around - so some days we'll be on our old jobs, some days on our new "jobs"), on the days I've been doing my new "job", I've come home in absolute agony.

So much so, been back to the docs today (for the first time in 2 years about my back). He has put me back on the really strong painkillers that I used to take for ir and has strongly advised that I ask my bosses to get me to see the Occupational Health person again.

On telling my family the doctors advice, more than one of my family has suggested I don't do that - as they've all heard various tales of people getting laid off/sacked/etc when they've gone down this route.

Help! Is that likely? (I know it shouldn't happen, but these things do sometimes happen) Aside from this back issue, I can just state that I'm a good worker, have an excellent attendance record, etc, etc. So I really can't think of a reason why they'd wish to suddenly lay me off but in the back of my mind I do worry that I may not be overly welcome if I kick up a fuss.

But, having said that, like I said to my doctor today, if I'd seen the Occupational Health bloke to start with and told him I'd be doing A, B, C and X, Y and Z (X, Y and Z being the new responsibilities), I have a sneeky suspicion he'd have not said "go ahead" so readily.

Sorry for the vagueness of it all but really can't state what A, B, C, X, Y or Z is!

SarEl

I wouldn't like to be at all vague or unclear about my opinion. Are you completely bloody insane? You have received a very serious injury to your back, and one which can easily be made far worse. You only actually get one spine in life - it's not like they can whip it out and then give you a spanking new one!!!

You should not ever have lied to the OH doctor, not because they are company spies (they aren't) but because his job was to ensure that you were able to do the job safely - for you own protection as well as the employers. You should certainly take your GP's advice very seriously - because he or she is also trying to preserve your health. They would not have suggested this if they thought it wasn't necessary. However, I can see that it won't be easy, because having withheld this information in the past, you are going to have to come clean about it. And yes, there is a very real prospect of it impacting on your job, or even may cause you to loose it - I wouldn't lie to you about that. But is the job seriously worth damage to your health? It may be possible that an OH assessment will conclude that you are not fit to do your job, but the employer may be willing to consider alternative work or adjustments. I doubt you would qualify as disabled, so they don't have to do this, but any dismissal for incapacity would have to show that they tried to make alternative arrangements.

Of course, if you ignore what your GP has said, then the "good news" is that you may well qualify as disabled sooner rather than later !

Sorry to be so hard on you, but I cannot believe that you actually need telling that your health is more important than any job. My father also thought he was invulnerable and a bit of pain never hurt anyone (much), and did exactly what you are thinking of doing. His refusal to see sense meant that he spent many (nearly 30) years at the end of his life in severe pain, physically limited for many years, and in the end, confined to a hospital bed for eight months. Don't take risks with your health.

Annisele

SarahLou wrote: »

on the days I've been doing my new "job", I've come home in absolute agony

I have to agree with SarEl on this one - I also think you are, to borrow her phrase, completely bloody insane.

I admit I'm not medically qualified, but I'm pretty certain that "if I do X it causes agony" is a damn good reason to stop doing X. I do understand that you're worried about your job, but if you damage your health to the point that you can't even do A, B, and C, then you're really going to regret not speaking to OH about X, Y and Z.

SarahLou

Anyway, I got the job, started the job and all was well. (I knew I'd be fine with the job, as, having done it before, I knew what would be difficult (heavy lifting, etc) and what wouldn't - on a day to day basis - it would be fine. So I didn't tell any porkies to the Occupational Health bloke at all. So that was that. I've been in that job now for coming up to 2 years.

Just re-iterated the point I made in my original post - I honestly didn't tell him anything false or incorrect. I was completely honest in my acceptance of being taken on to work form (or whatever its called - the form they sent me when I accepted the job) which told me to declare any medical problems. I put down this problem on the form and of course thats why they then asked me to see the Occupational Health chap before I could start work.

When I saw him, I told him exactly how things stood - that it had been very bad, but had been a lot better since proper pain management, physio and acupuncture. And that it was generally not causing me any problems on a day to day basis (which was the truth). Heck, if I could carry a small child about, I could cope with A, B and C. I told him I'd done A, B and C a lot before and was confident I'd be fine with it.

Of course at that point I never knew X, Y and Z would come into the equation. Craftily though, my job title means I should be doing X, Y and Z though in addition to A, B and C.

What I meant was that as I never mentioned X, Y and Z to the Occupational Health chap (as I never knew I'd be having to do X, Y and Z), my worry is that my bosses may just perceive my suggestion about having to see the OH blokey as a way of me trying to get out of doing it. I know how much they back-stab and bi*ch behind peoples backs and it really worries me that when I tell them what my doctor has said, I know everyone else will be told (colleagues of mine) and it may well get twisted out of context.

Thanks for your advice (both of you) - you have both said what my brain was telling me. I hadn't even given it a second thought til a few of my family members warned against me mentioning seeing an O.H. guy to my bosses for fear of it all going pete-tong. I enjoy my job, I'm good at my job, I wouldn't wish to lose it. But equally, I can't risk my health. So thanks again.

SarahLou

SarEl wrote: »

It may be possible that an OH assessment will conclude that you are not fit to do your job, but the employer may be willing to consider alternative work or adjustments. I doubt you would qualify as disabled, so they don't have to do this, but any dismissal for incapacity would have to show that they tried to make alternative arrangements.

Just as a follow up, I just thought I'd quote this bit to ask for more info on it in particular - when I mention what my doctor suggested I do to my bosses later in the week, and if they listen to this advice and pass me onto an O.H. person. By what you are saying above, if he/she deems me fit to do my job (based on A, B and C - which they deemed me fit to do before the job - which I deem myself fit to do also), would my bosses me obliged to only have me doing A, B and C, or would they still be able to make me do X, Y and Z? (I just know how it works at my place - short staffed, someone on holiday, someone else with a bad back, etc, etc.... sooner or later they'd make me do X, Y and Z)?

Uncertain

OK let me try and answer this clearly (if only the questions were as clear....)

Any employer has a duty of care to those they employ. If they breach that duty of care by requiring you to do something unsafe (or particularly if they have had medical advice that you are unable to do it) then, if you hurt yourself, they are wide open to a claim.

It would be a stupid employer indeed who put themselves in that position.

IF (and only if) your illness / injury amounts to a disability (in the legal sense of the word) then your employer is obliged to make REASONABLE adjustments to allow you to continue in your job. The key word here is REASONABLE and that does not mean they have to turn the business on it's head or employ a full time "heavy" as a personal assistant for you.

If you are not disabled (in the legal sense) then your employer has to make no such adjustment. They could say if you are unable to do your full job then you must go home sick. In this case the firm's normal sickness procedures would apply. Long term this could include terminating your employment on capability grounds.

This is still true with the new style fit notes. Your GP would no doubt say you are fit for work if the employer does this and that. However, they are quite entitled to say "sorry we can't, go home and come back when you are better".

What the employer would be stupid to do is to agree to the doctor's suggestions then pressure you to ignore them.

So, to answer your original question then yes, there is some risk of being "laid off" following an occupational health assessment. A lot depends of course on how highly you are regarded by your employers. If your contribution to the business is important to them they will do all they can to accommodate your medical limitations. If overall they would rather have somebody else they will do the legal minimum - sorry to be blunt but that is how it is.

I agree 100% that NO job is worth sacrificing your health. Quite apart from the long term damage you won't get any compensation if it can be shown you knew the risks and chose to ignore them.

My advice....

Find out if you are disabled (in the legal employment sense). From what you have said I doubt it but check. Either way, make sure you employer is fully aware of the position and then decline to do anything that is contrary to medical advice.

SarEl

I agree with Uncertain who has very succintly outlined the basic position. However, looking back, it's clear that you are not counted as disabled (yet, anyway ), because day to day normal activities are not affected (you have managed two years without serious issues so far). But you are making a whole series of assumptions - starting of with the fact that the employer won't want you working for them. Maybe they can't make the job suit the conditions you need to protect your health. Not every employer can. But maybe you are a good employee and they'd rather keep you, thank you very much. You won't know until you ask about it. But you have to remember that they also have legal obligations and responsibilities - which they can't exerecise if you don't tell them. Suppose you did get injured - insurance companies would start poring over your prior medical records and this would be all they needed to refuse any compensation.

As for what "!!!!!y" people think - well personally I am not the sort to worry about what people say behind my back, but if it bothers you, then I find that the best way to deal with it is to cut the gossip off at the pass, Tell people yourself. This isn't some embarasssingly secret disease. It's a damaged back which was damaged severely and is now causing you problems so you need to see OH. It is remarkably difficult to gossip behind someones back when they are broadcasting the gossip themselves!

paulwf

You seem to have a simple choice...

- Don't tell your employer and end up being permanently off sick leading to your contract being terminated

- Tell your employer and take it from there

In other words you don't have anything to lose by telling your employer. If you are rotating what you are doing if you tell them perhaps they could just keep you on your original job. Sounds simple to me.

SarahLou

Thanks everyone - I shall give it a whirl and let you know what comes back from it.

No, I've never considered myself to be disabled in any capacity (legally or otherwise!) Wouldn't even know where to look into that (aside from good old Google ) Like you say, I've managed just fine on my A, B and C duties. I just hope that I can continue with them and not have to constantly worry about having to do X, Y and Z too. I would hope that my bosses see me as a good member of the team, one whom they would wish to keep. I've been good at A, B and C. So fingers crossed it all goes smoothly when I discuss it with my boss. Wish me luck. Shall report any updates!

Uncertain

SarahLou wrote: »

Thanks everyone - I shall give it a whirl and let you know what comes back from it.

No, I've never considered myself to be disabled in any capacity (legally or otherwise!) Wouldn't even know where to look into that (aside from good old Google

I would ask your GP for a start! I would see him first and keep him in the loop.