occupational health referral?

split_second

hi all hoping someone can help me.

I have been off work due to a severe voice loss, due to my job I cannot work without a voice and the docs have kept me off due to numerous reoccurances, they have said they think my job is contributing and have said not to return until I have a voice and when I do return not to work on the phones- EVER. I work in a call centre and have about 10 years in this field.

Work have been made aware and have asked for me to go to occupational health when I am ok, my concern is that occupational health will make different recommendations and will say I can do phone work, which will make my voice bad again.

Can anyone advise what they think I should do/ any advice?

sangie595

split_second wrote: »

hi all hoping someone can help me.

I have been off work due to a severe voice loss, due to my job I cannot work without a voice and the docs have kept me off due to numerous reoccurances, they have said they think my job is contributing and have said not to return until I have a voice and when I do return not to work on the phones- EVER. I work in a call centre and have about 10 years in this field.

Work have been made aware and have asked for me to go to occupational health when I am ok, my concern is that occupational health will make different recommendations and will say I can do phone work, which will make my voice bad again.

Can anyone advise what they think I should do/ any advice?

Well you can't refuse to go, or it will count against you. But to be honest, it's a really simple (but not very fortunate) issue - if you can't ever do your job again, then you will probably be dismissed on capability grounds. Loss of voice is not a disability, so you don't even have the limited protections that would offer. And they wouldn't offer much.


What is it you want to happen? Because no employer is likely to keep you on the payroll for ever if you can't do the job you are employed to do.

Derwent

Normally, unless your contract states otherwise, you can't refuse to attend an Occupational Health appointment as it is deemed to be a Health & Safety issue. In many places it can be viewed as a breach of H&S policy and can even be a reason for dismissal.

split_second

I've been signed off sick for another week, they dont know if there is an underlying cause (worst case scenario is something is growing on my vocal cords and an operation to remove and test them for malignancy would be needed)

Best case scenario is to be moved to one of the numerous none phone based jobs in the building. This is what the gp's recommendation was and they said if I cannot do it I should work elsewhere

I have not refused to go, I wouldn't ever refuse, just concerned about what awaits me as fearing constructive or actual dismissal on the basis of a health condition which was no fault of my own

split_second

Derwent wrote: »

Normally, unless your contract states otherwise, you can't refuse to attend an Occupational Health appointment as it is deemed to be a Health & Safety issue. In many places it can be viewed as a breach of H&S policy and can even be a reason for dismissal.

I haven't refused and would not refuse, all I am asking is when I do go, will the gp's recommendation to move me to a different role which takes into account my health issue be considered or just be able to be discarded?

ohreally

split_second wrote: »

will the gp's recommendation to move me to a different role which takes into account my health issue be considered or just be able to be discarded?

This would depend on your employers agenda and what your influencing/ persuasion skills are like. Whats your case going to be?

Derwent

split_second wrote: »

I haven't refused and would not refuse, all I am asking is when I do go, will the gp's recommendation to move me to a different role which takes into account my health issue be considered or just be able to be discarded?

Nobody except your employer can answer that question. Once you have seen the OH specialist they will write a report on their findings. They may or may not disagree with the GP's recommendation, it is impossible for any of us to predict that.

Then, if your employer has two conflicting opinions, they may ask for a 3rd independent opinion in order to make a decision.

If the OH specialist agrees with your GP then your employer is duty bound to act on those recommendations.

split_second

ohreally wrote: »

This would depend on your employers agenda and what your influencing/ persuasion skills are like. Whats your case going to be?

my case is basically what the gp said, depending on any future findings.

1. if there is an underlying condition, either something in my blood, or something on the voice box itself. the operation will permanantly weaken my voice, or take it completely depending on what it is.

2. if there is not, the frequency of the illness is making my job and life overall difficult. if workplace absence can be prevented by a permanant move to a non phone based role, that is a reasonable adjustment

Takeaway_Addict

split_second wrote: »

my case is basically what the gp said, depending on any future findings.

1. if there is an underlying condition, either something in my blood, or something on the voice box itself. the operation will permanantly weaken my voice, or take it completely depending on what it is.

2. if there is not, the frequency of the illness is making my job and life overall difficult. if workplace absence can be prevented by a permanant move to a non phone based role, that is a reasonable adjustment

Is there likely to be an opportunity to move to a non phone based role though? They are very unlikely to create a role to keep you employed.

tomtontom

How long have you had this problem? You're talking about reasonable adjustments but at this stage there is little to suggest your condition would be classed as a disability.

belisha-beacon

tomtontom wrote: »

How long have you had this problem? You're talking about reasonable adjustments but at this stage there is little to suggest your condition would be classed as a disability.

imho, disability is a very relevant issue here. It's not certain that this is a disability, but the legal test involves considering whether something is likely to have a substantial and long-term negative effect on your ability to day to day duties. If OP's doctor is correct, that in order to manage this health issue they should never work on the phones again, then that is a long-term condition (ie. more than 12 months) and I think it's a substantial effect on day to day stuff - phone work is not an unusual part of life.

In answer to your question OP, yes the OH doctors can make different recommendations. But in order for the company to be following the law they'd need to show they had considered reasonable adjustments. If OH were to make recommendations that would damage your health I think it's safe to say you'd have a strong case to ask them to reconsider, as they'd be unreasonable. However, there's also a change your doctor is overreacting. OH are allowed to take other medical opinions into account too. I'd say - go along, see what they have to say, and if it helps you then great! If the recommendations are unhelpful, then deal with that at that stage.