Mental health - work being unfair?

bounce08

I'll keep it simple:

I have long term depression/paranoia/anxiety which has become worse recently due to a variety of personal reasons and I have been off sick from work due to these. My work have put me in a restricted role which is not my normal job due to a complaint against me which was linked to my illness.

My GP has said that he would only advise me returning to work if my work allow me to work alone or in a very small office. My work have the capability to do this but have refused to accomodate thus. They have also refused to put me back where I was due to the complaint against me which is still being addressed.

I don't feel I can work in the environment my work has put me in. My only option is to go sick - but work have said I will be sacked if I stay off sick much longer.

1. Are work being unfair? My GP has advised of the type of work I can do and work are capable of accomodating this but have refused.

2. If theres nothing work will do and dont listen to my GP and I am forced to go sick, and get sacked, do I have grounds for appeal?

BillJones

bounce08 wrote: »

1. Are work being unfair? My GP has advised of the type of work I can do and work are capable of accomodating this but have refused.

It's not possible to tell from what you've written. They are required to make reasonable adjustments, but "reasonable" can be hard to define.

You say that they could give you your own office, but at my place, for example, that is something given only to a handful of very senior people out of the thousand or so that work on the trading floor. Giving over one of these to accommodate someone unwell could well be seen as an unreasonable adjustment. On the other hand, if your work has plenty of people at your level already with their own offices, and some sharing, then it could well be seen as unreasonable if they were insisting on making you share.

bounce08

There are lots of offices/small spaces I could but put in but my work want to put me in a large office with lots of people. It's not unreasonable for them they just won't budge.

I don't need my own office I just need my own space/to be away from others and they can easily accomodate this.

BillJones

bounce08 wrote: »

There are lots of offices/small spaces I could but put in but my work want to put me in a large office with lots of people. It's not unreasonable for them they just won't budge.

I don't need my own office I just need my own space/to be away from others and they can easily accomodate this.

At no cost? Do they give other people this?

Generali

BillJones wrote: »

At no cost? Do they give other people this?

It doesn't have to be at nil cost, just reasonably possible.

Under the laws as they were explained to me when I was working in London, it is reasonable to expect the company to have to spend money on accommodating someone with a disability within the office. The example we were given was providing a suitable desk, phone, software and computer to someone who had been in an RTA or to modify a work vehicle to make it suitable for same to use.

If someone genuinely couldn't work in an open plan office but could work in a cubicle it would be reasonable to expect a cubicle even if offices are normally reserved for the top brass.

The penalties for discriminating on the grounds of disability are an unlimited fine and unlimited damages so any company looking at trying to do so should hope they have very lenient insurers with a limited grasp of the law.

tomtontom

Perhaps they feel the adjustment would not be suitable due to your abuse of internet policies? If I had an employee who I knew to be using the internet excessively I would not be allowing them to sit somewhere they cannot be supervised.

bounce08

tomtontom wrote: »

Perhaps they feel the adjustment would not be suitable due to your abuse of internet policies? If I had an employee who I knew to be using the internet excessively I would not be allowing them to sit somewhere they cannot be supervised.

But if I am sanctioned for if it then surely you have to give them trust at some point otherwise they shouldn't keep their job if you have any say in it?

It wasn't as bad as I'm making out....I was using my phone more than my employer would have liked whilst at work - fair wnough, I've taken that onboard.

tomtontom

bounce08 wrote: »

But if I am sanctioned for if it then surely you have to give them trust at some point otherwise they shouldn't keep their job if you have any say in it?

It wasn't as bad as I'm making out....I was using my phone more than my employer would have liked whilst at work - fair wnough, I've taken that onboard.

Trust has to be earned.

bounce08

Just to clarify - my GP has agreed that for a short period of time (whilst I have a restriction in place) I work alone or in a small office with others, what I meant was I can't work in a large open plan office with others. My company has dozens of unused rooms in their premesis and dozens of sites. I certainly don't need my own office just can't be thrown into a lions den.

bounce08

tomtontom wrote: »

Trust has to be earned.

How can I earn your trust Tom?

Takeaway_Addict

bounce08 wrote: »

Just to clarify - my GP has agreed that for a short period of time (whilst I have a restriction in place) I work alone or in a small office with others, what I meant was I can't work in a large open plan office with others. My company has dozens of unused rooms in their premesis and dozens of sites. I certainly don't need my own office just can't be thrown into a lions den.

Your GP will be biased, ask to see their OH and make an effort that way. At least then if their own people say the same it becomes harder for them to disagree