How would the tribunal view this

thanku1

I have been sent to see the Occupational Health and now have the report.
My report starts of with some personal background information about me, and then goes on to say
I rate my mental health as being 40 to 50 % of the pre stress level My symptoms included panic attack anxiety etc.
It than move on to say in response to specific question from my employer
Until my employer address perceived concerns in a mutually acceptable way my performance would remain effected.
In response to reasonable adjustment it says the management may wish to consider undertaking stress risk audit.

My question is
a) My employer is having a go at me and saying that you rated you mental health your mental health as 40 to 50 % not the doctor so as far as we are concerned you are fit for full day delivery

Any Thought on this please?


b) They so far have made no attempt to address my concerns but at the same time are cracking there whip to deliver the full day work

Any feedback on this please

c) In response to reasonable adjustment it say the management may wish to consider undertaking stress risk audit.

What does it involve is it something expensive for company with 100 employees

How would all this look in Tribunal if it comes to it.

Many Thanks

Emmzi

well, they are entitled to a full day's work from you, a reasonable adjustment is not "let you work slower."

I would ask your own GP to write a report about your mental health if occ health are not prepared to give an opinion.

Then I would have a chat with your manager.

Jumping straight to ET will not work, you must exhaust all options first. This will include asking for the stress risk assessment, in writing, and keeping a copy of it, and raising a formal greivance of it does not happen.

thanku1

Many Thanks for putting things in prospective in particular clarifying

a reasonable adjustment is not "let you work slower."

Do you Known what a stress risk audit involve
Can the management not turn around and say well ok we do not consider this to be a reasonable option for us to take.

Many thanks

Emmzi

this is what it is..

http://www.copeohs.com/health-and-wellbeing/stress-audit.aspx

If they have insufficient evidence that you are suffering from stress they could refuse. I'd ask then to take a referal from your own doctor or mental health worker if you have one.

There is also a possibility that you are just not suited to that kind of work, if everyone else has been ok with it. worth thinking about.

thanku1

Many thanks
In my defence I am the 3rd person complaining about stress in this particular department.

Emmzi

start documenting everything then....

KiKi

OP, is this the same job which the 'bullying' incident happened that you started four threads about last year? Wanting to know if you could go to ET over the grievance because your employer didn't agree with you? And you've now been referred to OH for stress?

I think the employer is perfectly reasonable in saying that *you've* rated yourself as 40-50% fit. Not a doctor. They don't have to make any adjustments for you; you have not been diagnosed with a disability. As Emmzi says, if you disagree, get an opinion from your GP.

I don't mean this rudely (again) but you are sounding like a very difficult employee, with allegations, grievances, appeals, and now stress with work. I'm not saying it's not real, but if you are that unhappy you need to do something to move on. You said before that the grievance had taken over your life and was affecting your mental health; it seems this is true.

As you're already asking about tribunals (again) - are you just trying to find ways to take your employer to ET so you can raise the grievance issue with them? (That's a serious question.)

KiKi

thanku1

KiKi shame on me, this is what happens when you cannot share the full story and always gives bit and pices but I hope you forgive me for this

Many Thanks

ohreally

Op, I'd suggest to your employer if they have concerns regarding the quality of th OH assessment they take that up with the provider.

As far as stress is concerned, in the absence of TU appointed h&s rep, consider contacting the enforcement agency for your industry and raise issue with them. They can investigated an issue notice as reqired...
http://www.hse.gov.uk/notices/notices/Notice_details.asp?SF=CN&SV=301840356

thanku1

Many thanks for not judging me and putting up with incomplete information.
When I went for the assessment I co-operated fully he asked me how do I rate my mental health and I gave him the honest answer.
There was no more question from him .

I known sometime I upset peoples here but I still have to respect both my and my employer privacy and at the same time try to benefit from the forum.

Many Thanks

ohreally wrote: »

Op, I'd suggest to your employer if they have concerns regarding the quality of th OH assessment they take that up with the provider.

As far as stress is concerned, in the absence of TU appointed h&s rep, consider contacting the enforcement agency for your industry and raise issue with them. They can investigated an issue notice as reqired...
http://www.hse.gov.uk/notices/notices/Notice_details.asp?SF=CN&SV=301840356

nightingalesgarden

Just checking - did the OH report end with something like...

"In our view "x's" health issues do not fall under the Equality Act..."

That would be pertinent.