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OH signed me fit when not

2

Comments

  • Cham5
    Cham5 Posts: 6 Forumite
    Comms69, you say there job is to offer what services are needed to get me working again.

    I was offered counselling which I have taken but I’ve also been signed off fit in 3 weeks? Why offer counselling if I’m fit to work?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Cham5 wrote: »
    Comms69, you say there job is to offer what services are needed to get me working again.

    I was offered counselling which I have taken but I’ve also been signed off fit in 3 weeks? Why offer counselling if I’m fit to work?



    The treatment should coincide with your return. You cannot expect them to keep you on whilst you are fully cured?! MH problems take years to get under control.
  • elsien
    elsien Posts: 34,146 Forumite
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    Cham5 wrote: »
    Comms69, you say there job is to offer what services are needed to get me working again.

    I was offered counselling which I have taken but I’ve also been signed off fit in 3 weeks? Why offer counselling if I’m fit to work?

    Having counselling doesn't automatically mean you can't work. I had counselling while off work with stress that continued after my return to work. The point being to help me understand what had happened and help build resilience in future.

    The OH person is recommending that you return to work in 3 weeks. Are they recommending any adjustments to support you to go back?
    You're cross with her for saying that you'll be ready then, but at the moment neither of you know if this will be the case. You can't say for sure that you won't be, either.
    The bullying has been resolved so you need to put that behind you now and focus on what you can do to get back on your feet.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    I really hope you can find the help you need, OP. I really, really hope your employer does not allow you into an environment where your lack of focus for whatever reason or reasons could affect either your own safety or that of others. Have you raised this point with OH?
  • sangie595
    sangie595 Posts: 6,092 Forumite
    It always gets thought of as being uncaring advice, but what you are being told here OP is very true.

    Any employer who begins OH intervention ( and like HR, their interests are the employers interests and not the employees - the employer pays the bill and they call the tune) at two weeks had a draconian view of sickness absence! Two weeks could be a very bad cold! But under any circumstances, OH intervention is an absolute requirement if the employer decides to go for dismissal. That doesn't mean they are bad people. They are doing their job.

    Second point - the longer you are off work and out of your normal daily activities, the less likely you are to ever return. That's simply the odds. You need to balance what you think you need now with the long term risks you are taking. Your GP (a) won't take those risks into consideration, and most understand little about employment and employment law, and (b) might be one of those that continue to issue fit notes when they are not appropriate or advisable.

    Thirdly, I appreciate that you've had a horrible year. Your employer probably does too. But their relationship with you is purely a cash transaction for work done. If you aren't doing work for them then.... I'm sure I don't need to spell out what that means for you.

    At least two months sickness in a short period - that is enough for some employers to dismiss you, and absolutely enough for the majority of employers to have a weather eye to using their sickness absence process to start along that path.

    I'm sorry, but the best advice you can get right now is to start thinking about how you return to work in the short term. Perhaps a phased return after the end of this fit note period? Honestly, it's the best way to safeguard your job. And you do not want the stress of losing your job. And honestly, it's probably the best thing for you too. Sitting at home stressing about all these factors, plus the risk to your employment, isn't going to be improving your mental health at all. The only person who can break that cycle, counselling or not, is you.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
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    Well, you do need to get back into work sometime or somehow. You cannot be bereaved / stressed indefinitely - if you are then you cannot do your job and your employer has the right to dismiss you. It sounds to me like they are being relatively reasonable but no business can sustain someone being off indefinitely.

    If someone is incapable of working they become the responsibility of the state, not an individual employer.

    Maybe think about the steps that would make working easier for you (maybe reduced hours for a short time, working from home, seeing a counsellor etc and agree with your . And speak to your GP about what you can do too. Some GPs are a bit lazy, just signing people off without really doing much to solve the issue - if that's your GP get a better one!

    Its in your own interests, ultimately, to work together with the OH to get back to work.
    I suppose I’m just after some advice to where I stand if I don’t return after my sick note is up?

    In all likelihood you will be dismissed.
  • Les79
    Les79 Posts: 1,337 Forumite
    sangie595 wrote: »
    I'm sorry, but the best advice you can get right now is to start thinking about how you return to work in the short term. Perhaps a phased return after the end of this fit note period? Honestly, it's the best way to safeguard your job. And you do not want the stress of losing your job. And honestly, it's probably the best thing for you too. Sitting at home stressing about all these factors, plus the risk to your employment, isn't going to be improving your mental health at all. The only person who can break that cycle, counselling or not, is you.

    I agree, though I would also recommend that OP consider their alternative options such as:


    - Long term sickness with no job (benefits etc)


    - Seeking alternative employment (due to previous bullying and the possibility that this could be an extension of that or a culture thing).
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Les79 wrote: »
    I agree, though I would also recommend that OP consider their alternative options such as:


    - Long term sickness with no job (benefits etc)


    - Seeking alternative employment (due to previous bullying and the possibility that this could be an extension of that or a culture thing).
    Provided that they consider both elements of the "options". Long term sickness with no job - and unless they just won the lottery, that means benefits- is an option for those prepared to live in poverty, possibly for the rest of their life. By no means an option without a lot of stress.

    Because.... Long term sickness, and two months is in that bracket, is hard to sell to a new employer. Right now the only thing they have going for them is more than two years service. They won't have that in a new job, and even if they can sell themselves to a new employer with that amount of sickness on their record, they need to be aware that the slightest sniffle in the first two years could leave the employer erring on the side of not wishing to pay long term sickness absence.

    And that is, of course, all before one even considers that alleged bullying may not be actual bullying. We see that often enough on here. So I'm not questioning whether theOP is right about that or on what happened. We don't know and it's not relevant. But one person's perception is not the same as another's. And it could be out of the frying pan and into the fire of another job had the same issue - but without two years service, the outcome might be different.
  • System
    System Posts: 178,157 Community Admin
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    ReadingTim wrote: »
    ...And the fact that OH are involved suggests the process of getting rid of you has started....
    Not always

    I had occ health involved after a period of sickness, she made recommendations to limit my working hours and also give me fixed shifts which after discussion with my area manager, got implemented. A year on and its still in place and has helped keep me i my job if nothing else.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
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    - Long term sickness with no job (benefits etc)

    Given the OPs employer is causing her(/him) stress by suggesting she return to work, I don't think its recommendable she takes her pleas to the job centre. 'Family issues' and a historic bereavement are not going to get you very far in a capability to work assessment so no real prospect of ESA. Could claim JSA but this is not going to be good for stress levels at all. Realistically left to the benefits system this OP could rapidly become homeless.

    Much better to negotiate with an employer who seem to be relatively understanding and are offering counselling and occupational health assistance and work back towards the job they know, understand and also have some rights in.
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