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Referred to OHS

sportsarb
Posts: 1,069 Forumite


First time poster to this board, often frequent Benefits and Tax Credits due to my employment, but circumstances dictate that I am here for employment advice.
I don’t want to say exactly what happened here but over the last few years my mental health had been suffering and things came to a head last May, when I took a potentially fatal choice, but survived to tell the tale. That event took place on a Saturday evening with drink involved. I suffered on the Sunday and for most of the next week Hside effects of what I’d done) but I went to work and pretended nothing happened.
Six weeks later, I’m on my way home from work, and I’m feeling pretty low to the point I don’t think I can continue attending work. In the six week period I had begun seeking medical help and via GP was in touch with community mental health team. I’d begun taking medication called Sertraline, an old anti-depressant.
Fast forward to October and I’ve returned to work pending a move to another office (same employer) in November. I complete the training for my new job before Christmas but my mood is again at a low point (I don’t typically feel low at Christmas) and I advise my line manager that I will be off for at least a few days. I haven’t been back since and had submitted my resignation at the start of February and was serving my notice due to take effect on 1st March.
Before we get to that date I am put in touch with a welfare officer who lays out alternative options that should have been given to me, and as a result I am allowed to withdraw my resignation but have to resume adherence to sickness absence policy.
I’d been sent and returned reasonable adjustment forms in which I stated I would like to try something completely different to my current role but that, as my issues aren’t strictly work related, I couldn’t be certain the move would solve anything.
I should say that I’ve been seeing a psychologist since January having waited since May due to waiting lists.
I guess my question is, what can I expect from OHS? There are lots of elements of my job that I don’t like, that make me feel bad and I’m just finding it very hard to get on with people at all right now, even family and friends, never mind being in a room filled with relative strangers.
I’ve always managed to get through the day at work in the past, going through some lows, but I don’t think I can face being forced back to work via OHS right now.
It’s just not in my best interests to return to my current position and I have preemptively written another resignation letter to be sent should OHS find me fit.
If they find me fit for work, I don’t contest it, but I don’t return, is this misconduct? I think my GP practice would support me through an appeal but I’m not sure contesting a fit for work decision would be an experience I want to put myself through.
Ive been taking medication called mirtazipine since January and it tends to make drowsy so I may have omitted relevant information but I’m open to questions.
I don’t want to say exactly what happened here but over the last few years my mental health had been suffering and things came to a head last May, when I took a potentially fatal choice, but survived to tell the tale. That event took place on a Saturday evening with drink involved. I suffered on the Sunday and for most of the next week Hside effects of what I’d done) but I went to work and pretended nothing happened.
Six weeks later, I’m on my way home from work, and I’m feeling pretty low to the point I don’t think I can continue attending work. In the six week period I had begun seeking medical help and via GP was in touch with community mental health team. I’d begun taking medication called Sertraline, an old anti-depressant.
Fast forward to October and I’ve returned to work pending a move to another office (same employer) in November. I complete the training for my new job before Christmas but my mood is again at a low point (I don’t typically feel low at Christmas) and I advise my line manager that I will be off for at least a few days. I haven’t been back since and had submitted my resignation at the start of February and was serving my notice due to take effect on 1st March.
Before we get to that date I am put in touch with a welfare officer who lays out alternative options that should have been given to me, and as a result I am allowed to withdraw my resignation but have to resume adherence to sickness absence policy.
I’d been sent and returned reasonable adjustment forms in which I stated I would like to try something completely different to my current role but that, as my issues aren’t strictly work related, I couldn’t be certain the move would solve anything.
I should say that I’ve been seeing a psychologist since January having waited since May due to waiting lists.
I guess my question is, what can I expect from OHS? There are lots of elements of my job that I don’t like, that make me feel bad and I’m just finding it very hard to get on with people at all right now, even family and friends, never mind being in a room filled with relative strangers.
I’ve always managed to get through the day at work in the past, going through some lows, but I don’t think I can face being forced back to work via OHS right now.
It’s just not in my best interests to return to my current position and I have preemptively written another resignation letter to be sent should OHS find me fit.
If they find me fit for work, I don’t contest it, but I don’t return, is this misconduct? I think my GP practice would support me through an appeal but I’m not sure contesting a fit for work decision would be an experience I want to put myself through.
Ive been taking medication called mirtazipine since January and it tends to make drowsy so I may have omitted relevant information but I’m open to questions.
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Comments
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The main question is, does your current employer have alternative roles available?
Because if they don't have any alternative roles which you think would suit you, then moving you to something different isn't an option.
And if they do have alternatives, but not at the moment, then it's still not an option.
People have varying experience with OH: mine was good for a physical problem, but remember they are answerable to the employer, so their aim is to work out whether or not you can return to work.
If you say you're not sure a new role would help, they may take a view on how likely it is to be helpful, but that really is down to you. If you give off an optimistic vibe - "I know I can't go back to my existing job, but I really think that doing X instead would be manageable" then they're more likely to recommend that than if you say "I’m just finding it very hard to get on with people at all right now, even family and friends, and I dread the thought of having to go back to work because there are so many aspects I struggle with."
I don't see how you resigning (again) could be a misconduct issue. OH may say "we think he's fit for work", but they can't force you back, and it's hardly in your employer's interests to force the issue if you don't want to be there.
it does sound as if you have a 'good' employer, though, who's allowed you to withdraw your resignation and refer you to OH. It's worth bearing in mind that not all employers would be so sympathetic. They may have worried that they were potentially liable to you taking them to an Employment Tribunal if they didn't put the Welfare Officer in touch with you and offer you the chance to withdraw that resignation: some employers would have taken that risk, and very few on this board would have encouraged you to pursue the ET route, even if your mental health was robust!Signature removed for peace of mind0 -
The problem with being away from work for a long period of time is the difficulty in actually wanting to go back. I speak from personal experience as several decades ago I had about 5 months off work due to a medical health problem. I realised I would have to go back, but had got quite used to not having to get up early and drive 15 miles (this was in the recuperation period).
So my point is, how long do you, your psychologist or GP think it will be before you are well enough to consider going back to workIf you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
The main question is, does your current employer have alternative roles available?
Because if they don't have any alternative roles which you think would suit you, then moving you to something different isn't an option.
And if they do have alternatives, but not at the moment, then it's still not an option.
People have varying experience with OH: mine was good for a physical problem, but remember they are answerable to the employer, so their aim is to work out whether or not you can return to work.
If you say you're not sure a new role would help, they may take a view on how likely it is to be helpful, but that really is down to you. If you give off an optimistic vibe - "I know I can't go back to my existing job, but I really think that doing X instead would be manageable" then they're more likely to recommend that than if you say "I’m just finding it very hard to get on with people at all right now, even family and friends, and I dread the thought of having to go back to work because there are so many aspects I struggle with."
I don't see how you resigning (again) could be a misconduct issue. OH may say "we think he's fit for work", but they can't force you back, and it's hardly in your employer's interests to force the issue if you don't want to be there.
it does sound as if you have a 'good' employer, though, who's allowed you to withdraw your resignation and refer you to OH. It's worth bearing in mind that not all employers would be so sympathetic. They may have worried that they were potentially liable to you taking them to an Employment Tribunal if they didn't put the Welfare Officer in touch with you and offer you the chance to withdraw that resignation: some employers would have taken that risk, and very few on this board would have encouraged you to pursue the ET route, even if your mental health was robust!
To clarify, the being found fit but not returning was meant as a separate option to the being found fit and submitting resignation, but I didn't make that clear enough.
My employer is government so they do have probably more roles available than other employers, however, at my grade which is low level the vast majority of the jobs are in the area where I am which I just can't face going back to.
I can't fault my employers in how they have dealt with my sickness other than on a couple of points, one being they ignored when I wanted to be referred to OHS during my first period of sick, the second being that during the period of resignation I was supposed to have been told of all my options short of resigning by my line manager but it was only due to the tenacity of the welfare officer (There is an auto referral at 20 days) that I first met with her and then took her advice on board and withdrew my resignation.
In hindsight the resignation at that point would have been ludicrous as I have no real savings and no other means of income.
I'm trying not to get myself too wound up about the appointment, I know all I have to do is go in and be honest about what's going on in my head, I have a tendency to overreach at times and say 'I can do this' when really I can't.lincroft1710 wrote: »The problem with being away from work for a long period of time is the difficulty in actually wanting to go back. I speak from personal experience as several decades ago I had about 5 months off work due to a medical health problem. I realised I would have to go back, but had got quite used to not having to get up early and drive 15 miles (this was in the recuperation period).
So my point is, how long do you, your psychologist or GP think it will be before you are well enough to consider going back to work
This I get 100%, I don't go out a lot these days, other than to visit family once a week and to go to the local shops to get the necessities. I even get groceries delivered to my door to save on going out and doing that because I start feeling awkward in the larger stores where there are more people about.
That said, I do want to be back to work as soon as I feel ready, I don't feel that is now but I have no way of saying when it will be because if I could control that feeling then it would have been long ago.
I don't have much of a life going on right now, its long days of nothing other than overeating and under exercising, but when I think of going back to where I was working I just can't face it.
I think I need to go in to the appointment with the frame of mind of I will force myself back to work, if they can work with me to change the type of work, if they can't accommodate that then I will have to face the reality that I can't continue in their employment and start preparing for an alternative.
Sorry for writing so much but writing all this out is strangely therapeutic.
Thank you both for your answers0 -
I think that its positive in your case to be refered to OH. Don't be frightened of them but view them as another avenue to get the treatment that you need.
I do appreciate that they are getting paid by your employer but they also have a duty of care to you. Ultimately they want to see you return to work if at all possible. Explore all the options and don't forget to ask for follow up appointments if you & they see that it will be of benefit.
For now don't resign. Keep in contact with your welfare officer and union rep.0 -
I think that its positive in your case to be refered to OH. Don't be frightened of them but view them as another avenue to get the treatment that you need.
I do appreciate that they are getting paid by your employer but they also have a duty of care to you. Ultimately they want to see you return to work if at all possible. Explore all the options and don't forget to ask for follow up appointments if you & they see that it will be of benefit.
For now don't resign. Keep in contact with your welfare officer and union rep.
I certainly don't resent being referred to OHS, that's for sure, I know it is done with the right intentions.
However, today was an incredibly frustrating day, I had e-mailed my line manager last week asking if the OHS appointment could be moved earlier in the day as I had another appointment with psychologist in roughly the same place but at opposite ends of the day. However, if it wasn't possible for OHS appointment to be moved, don't change the day as I don't want to prolong things. (Excerpt from my e-mail: ' If that’s the case then I will go ahead with the appointment and work out what to do closer to next Wednesday. I don’t want to extend the process by having to rearrange to a later date.')
A much abridged version of my e-mail was forwarded by my line manager to the people making the appointments and it is now delayed a week. To say I was furious would be an understatement. It was what I explicitly didn't want to happen and they concocted to arrange it.
Also, I contacted welfare last week and was supposed to be rung back the day after (Thursday), that hasn't happened. I am not a member of any union any more.
So I am doing this alone and currently my mood going in to next week isn't nearly as positive as I was bringing myself round to for this Wednesday.0 -
EXERCISE!!
I lost a decade of my personal and joblife to depression, eating and putting 5 stone on! Ruined me...went from a happy,’easy going person to one of unhappiness and very isolated.
Only now am I getting my life back. Exercise is changing my wellbeing. It’s something I’ve always made an excuse to avoid. Much easier going home, sit on the sofa and order a dominos than spend an hour or two exercising.
I was told, because of my physical and mental state, I’d doesn’t matter what job I had, it could be the worlds best I wouldn’t enjoy or get anything from it because of the rut I have lived in for so long. Spot on advice. Next 12 months it’s about getting myself physically and mentally right. My job is poor but I take the good and dig it when I feel really low and depressed with where I am at! (At a job, ten years after graduating that I was doing back then...soul destroying!) the perks of my job is I have a 5 min commute, finish early and I now see the exercise as the highlight of my day. In 12-18 months I’m going to train as a teacher or a social worker...but right now...focus is on physical and mental health!
gl.0 -
Went to OHS appointment today, the stress I was feeling beforehand was impressive, but it’s done now.
OHS HCP has stated she doesn’t believe that I’m fit for work right now. Now to see what action my employer takes.0 -
Any HR people know what I can expect to hear from my HR?
As an abridged version of the OP, two periods of sick in last 12 months, totalling 144 working days so far. Got a further three weeks on my current line and unless things change I will look for another line. OHS have stated they will be advising my employer not to expect me back before 8-12 weeks but that it may be longer. They also stateted they would be recommending a phased return and retraining once I do return. I loathe my job and it played a part in my absence so I’d rather not return there.
It’s public sector so there is potentially the chance of redeployment, but I tend to think it’s unlikely.0 -
The main question is, does your current employer have alternative roles available?
Because if they don't have any alternative roles which you think would suit you, then moving you to something different isn't an option.
And if they do have alternatives, but not at the moment, then it's still not an option.
People have varying experience with OH: mine was good for a physical problem, but remember they are answerable to the employer, so their aim is to work out whether or not you can return to work.
it does sound as if you have a 'good' employer, though, who's allowed you to withdraw your resignation and refer you to OH. It's worth bearing in mind that not all employers would be so sympathetic.
I don't know whether the way you have worded this reply is making it read a certain way, but the OHA are not answerable to the employer.
They are supposed to be Independant and provide information to the employer to assist with finding solutions to help remain in work.
They can also advise your employer as to whether you are likely to be fit to return to work if certain adjustments could be made, or if your health issues are likely to prevent you from returning.
All of the OHA's I've had have been excellent, and have actually assisted me to prove my employer wrong when it came to getting reasonable adjustments made.
They do this all day every day and can think of things that nobody else considers, make suggestions not only for work but also for your day to day, as they have done with me with regards to eating as currently I'm surviving most days on tea/coffee, water for drinking and poridge/breakfast bar then for eating I have just a sandwich, packet of crisps, and a snack bar either for dinner or for tea, but not both.
One thing you might consider if you realy are unable to go back to work because of how you feel is whether your employer would be willing to allow you to take a career break and give you some time to get some form of recovery started.
At least that way you would not have to return immediately and your employer wouldn't be stuck paying you sick pay/SSP etc, but you would have the backstop of knowing that you have a job to go back to.
If during that break you found something that you think would be better for you then you could always resign your current position.
OP- The OH assessment is not a tool to be used to force you back into work.
As has been said you seem to have a very good and very understanding employer. It's a shame there are not more employers like yours out there and many would not have had any hesitation to simply accept your resignation.
In My Opinion only, it also shows to me that your employer values your contributon to the business and is happy to work with you to make adjustments to keep you in their employ.
If it's public sector/civil service there is more chance of being able to change the work you do compared to being in a workshop somewhere in the private sector.
IIf you are in the Civil Service you might even be able to get a short/medium term transfer to a location closer to home for you on a secondment basis, with the ability for you to then apply for any permanent roles if that turns out to be beneficial.
Alternatively, the Civil Service (and I believe even Public Sector/Local Authority employers) are currently starting to encourage working from home for part of the week for a lot of roles which you might think is an option.
Both my wife and I are currently sufferring from mental health issues, and both have been diagnosed with and are both being treated for (with different treatments) symptoms of PTSD, anxiety, depression, and other MH issues, and unlike other people we actually find that work is a welcome distraction for us for the most part.
So much so that I'm currently taking a short break right now from doing some additional work at home.
Both of us currently have the option of working from home 2 days a week which is great for when we have appointments as we save so much time not having to travel an hour back from work to attend the treatments/appointment as we would do if working in the office.
It also saves the employer as we can get back to work after the appointment, where as if we are in the office we don't go back to work afterwards if the appointment is in the mid afternoon.
It's good to hear that you are getting treatment, even though it has taken a significant amount of time to get this. Unfortunately that is par for the course with the NHS currently.
As you work in the public sector/Civil Service?????? your employer will most likely havean Employee Assistance Programme that you can get access to.
You employer will pay for a short period of treatment for you.
For example counselling. They wil usually pay for between 6 and 8 sessions for you.
They might also have an unlimited Telephone counselling service that you can call any time of day or night for help.
Alternatively there are several telephone based helplines you can call and just chat or vent your frustrations (without being violent/intimidating/rude etc) and they will listen for however long it takes.
I know very well that there is a stigma attached to dialing the number for the Samaritans, but if it helps it's worth it.
What worries me is the statement you made which staes you don't leave the house very often.
I know that feeling well, but even if it's a 100m walk down the street and back, it's amazing just how therapeutic that can be.
My wife and I try and go for a walk 3 or 4 times a week. We just walk through a local park and back to the car.
It takes me a bit longer than it should because of other medical issues I have with my legs, and sometimes I have to do it in a wheelchair being pushed by my wife. But the benefit of being out in the fresh(ish) air is amazing.
Any form of excercise will be beneficial to you so please do look into that.
If possible see if there are any walking groups in your area, or just do it alone.
Put your headphones on, some great music, and just have a stroll.
We are not over our MH issues, nt by a long shot. But the relief we get, even for just a few hours, makes a big difference.
Ultimately however, no matter what choices you make nobody can say it's wrong or right. t's you that you need to think about and it has to be the decision that is best for you.
I wish you all the very best of luck for now ans the future.
Stay Strong.....[SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
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Been more than two weeks now since I had my OHS appointment and I am yet to hear anything meaningful from my employers. I received another copy of the OHS outcome with a cover letter saying that my line management will be in touch.
I would have expected some sort of direct contact by this stage, even allowing for easter, to arrange to meet to discuss the outcome of it.
I'd sent an e-mail to my line manager on Wednesday about a more practical matter of when my next sickline would be required, I didn't get an out of office reply, but neither have I got a reply from her either.
Last time I actually spoke to anyone involved with managing my absence was late January.0
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