Can HR ask questions about my health ?

Suzycoll

HI all 

Background without revealing personal info -

I have been off work for a while and had 3 x OH reports . All recommended the same 'reasonable adjustments. I went back to work to try one of the adjustments but it did not work out so I am now back sick with a GP fit note for one month. HR have booked another OH appt for next week (no idea why as they have already had 3?)

I have now received an e mail from HR and they are asking me specific questions about my sickness. My current sickness is workplace stress due to all the malarky, but the 'original' sickness (the one I need the adjustments for) is always present and has been classed as a disability.

In a nutshell my question is - are HR allowed to ask me very specific questions about my current (workplace stress) sickness? I'm not trying to hide anything I just think all the OH reports answer all the questions.

Hope this all makes sense ? Thanks in advance 

jim1999

It's not unusual to have a lot of OH appointments, to keep track of your recovery / worsening as may be the case and adapt recommendations based on your current predicament.

It's also reasonable for HR to ask some questions about it - they need to strike a careful balance between adhering to the OH recommendations, adhering to the equalities act, and making sure that the company can get some value out of you at some point.

If it's impossible for you to go back to work, it is highly likely that they'll be able to end your employment legally, so for them to engage with you about exactly what's causing the problem, how likely it is to get better, what precisely might help you return is all reasonable.

For example, if the person causing you stress is the CEO, that's difficult to fix.  If the issue causing you stress is dealing with customers, and you're in a customer facing role, that's difficult to fix.  If on the other hand, it's one team manager and there are another 10 you could work for, that's fixable.  If it's the hours, and they can facilitate part-time hours, that's fixable etc.  But they need to ask questions to understand what might work.

Dakta

Hi

It seems you've raised a previous thread about issues at work as I vaguely remember it - these seem to focus on lighting and difficulties the office lighting environment give you, but it is hard to check as you have deleted your posts in this thread as you didn't like some of the feedback. Without going into that, I am, and I expect others will agree, giving advice on a public forum for the publics benefit - we offer opinions and feedback to help and guide you to - hopefully - better outcomes than would have been had otherwise - but it's as much for the benefit of people who find this thread later down the line (and may have similar problems also). It's on that basis that I offer my thoughts. Opinions is not something you can delete, but anything inappropriate can be reported and that's the correct way to deal with it without putting out people trying to help. 

Regarding HR, I think it's a case of they can ask, but you don't have to tell. I don't think you can be compelled to give them any health information, though it may not be in your interests to refuse. 

If I understand right, it seems you've been off work for some time, due to your disabiltiy, and the company have implemented some/if not all reasonable adjustments after a protracted OH process, these adjustments have not worked for you/provided the expected benefit, and thus you are now off sick due to the stress, and general malarkey of it all. 

If this is the case, then it would stand to reason the employer is asking questions because this is a 'new' sickness, whilst the OH reports done previously may touch on the reason why you've had issues up to that point, your return to work then sickness due to stress because of it not working and as you say, the malarkey (I presume of the process up to present) is, as you say a new sickness. So they're querying it, that doesn't sound unreasonable - and the reason is this - the employer has a duty of care to it's employees, it's a legal responsibility and you can do that best when you understand the details.

However, there could be a different side to this as well - you've had, I presume some lengthy time off, and reasonable adjustments have been tried. These seem not to have worked and you are again not at work. I wouldn't want to guess the company's motives but they may have, or may at some point, decide that they have made reasonable attempts at this stage to make adjustment for your situation, and as this has evidently failed may be considering next steps with regards to your capability. They have to be very careful with this, if they went down this route so attempting to speak to you about your illness may be their way of trying to do things properly. 

I am not one who takes the business side, but they are missing a team member and probably want to be operational and so damage limitation may be an avenue they find attractive as the costs and other impacts of being a person down rack up, with no practical solution being forthcoming. 

RogerPensionGuy

In my experience over the years, management often think they are well positioned to deal more directly with these issues. 

In my experience, it's best to understand the law and company policies and get help assistance from your union and/or a seasoned colleague friend at the organisation if they happy to help. 

In my experience the OH occupational health people and sections are fantastic, they are well trained, polite and very helpful for employees with issues. 

If employee needs various adjustments to allow employee to be at work, productive and ensuring health is looked after, most background needs can be worked out between employee and the OH people, employees medical people outside can also be used to ensure a good basic plan is achieved.

Basically between employee, OH and management, a suitable solution will be achieved. 

I know some organisations reward management well if they discipline, process staff and even exit them from the business for various reasons, this is a very negative way to operate a business. 

I know some organisations that do exactly the opposite from the above and these outfits tend to have great employee employer relationships and this it the best outcome. 

I suggest you chat to your union rep and they will help navigate this situation. 

Suzycoll

Dakta said:

Hi

It seems you've raised a previous thread about issues at work as I vaguely remember it - these seem to focus on lighting and difficulties the office lighting environment give you, but it is hard to check as you have deleted your posts in this thread as you didn't like some of the feedback. Without going into that, I am, and I expect others will agree, giving advice on a public forum for the publics benefit - we offer opinions and feedback to help and guide you to - hopefully - better outcomes than would have been had otherwise - but it's as much for the benefit of people who find this thread later down the line (and may have similar problems also). It's on that basis that I offer my thoughts. Opinions is not something you can delete, but anything inappropriate can be reported and that's the correct way to deal with it without putting out people trying to help. 

Regarding HR, I think it's a case of they can ask, but you don't have to tell. I don't think you can be compelled to give them any health information, though it may not be in your interests to refuse. 

If I understand right, it seems you've been off work for some time, due to your disabiltiy, and the company have implemented some/if not all reasonable adjustments after a protracted OH process, these adjustments have not worked for you/provided the expected benefit, and thus you are now off sick due to the stress, and general malarkey of it all. 

If this is the case, then it would stand to reason the employer is asking questions because this is a 'new' sickness, whilst the OH reports done previously may touch on the reason why you've had issues up to that point, your return to work then sickness due to stress because of it not working and as you say, the malarkey (I presume of the process up to present) is, as you say a new sickness. So they're querying it, that doesn't sound unreasonable - and the reason is this - the employer has a duty of care to it's employees, it's a legal responsibility and you can do that best when you understand the details.

However, there could be a different side to this as well - you've had, I presume some lengthy time off, and reasonable adjustments have been tried. These seem not to have worked and you are again not at work. I wouldn't want to guess the company's motives but they may have, or may at some point, decide that they have made reasonable attempts at this stage to make adjustment for your situation, and as this has evidently failed may be considering next steps with regards to your capability. They have to be very careful with this, if they went down this route so attempting to speak to you about your illness may be their way of trying to do things properly. 

I am not one who takes the business side, but they are missing a team member and probably want to be operational and so damage limitation may be an avenue they find attractive as the costs and other impacts of being a person down rack up, with no practical solution being forthcoming. 

hi Dakta
many thanks for your comments. Yes you are right I did post about this problem previously. TBH the reason I deleted the post is I thought my employer would read it and use it against me ! silly I know but that is how stressed I am right now. The comments in my deleted post were very helpful.
Your comments are spot on. My employer (for reasons unknown to me ) are unable to comply with all the reasonable adjustment's that the OH doctor has suggested?
I will keep on trying . thanks 

Dakta

No worries, it just helps others (and you, especially when looking back as it gives some insight of what you've been through and what we might be dealing with).

Obviously we don't know the nature of the questions asked, but if you put yourself in the shoes of an employer who (we'll make an assumption) is reasonably attempting to understand your sickness, and fulfill it's obligations with regards to duty of care as well as other processes like raised by other posters above,  do you think the questions asked would/could aid that?

Suzycoll

RogerPensionGuy said:

In my experience over the years, management often think they are well positioned to deal more directly with these issues. 

In my experience, it's best to understand the law and company policies and get help assistance from your union and/or a seasoned colleague friend at the organisation if they happy to help. 

In my experience the OH occupational health people and sections are fantastic, they are well trained, polite and very helpful for employees with issues. 

If employee needs various adjustments to allow employee to be at work, productive and ensuring health is looked after, most background needs can be worked out between employee and the OH people, employees medical people outside can also be used to ensure a good basic plan is achieved.

Basically between employee, OH and management, a suitable solution will be achieved. 

I know some organisations reward management well if they discipline, process staff and even exit them from the business for various reasons, this is a very negative way to operate a business. 

I know some organisations that do exactly the opposite from the above and these outfits tend to have great employee employer relationships and this it the best outcome. 

I suggest you chat to your union rep and they will help navigate this situation. 

thanks Roger. Unfortunately, my employer is as you first described ! thanks for your input - appreciate it. My rep is aware of all this, I will speak to him , thanks 

RogerPensionGuy

The following link is one of many helpful publications freely found on the Internet, worth a read and suggest people make contemporaneous privately about the way bad employers treat them, silly employers can find themselves in all sorts of hassles when they don't behave in the correct fashion.
.
.
https://www.acas.org.uk/disability-discrimination

Undervalued

Suzycoll said:

HI all 

Background without revealing personal info -

I have been off work for a while and had 3 x OH reports . All recommended the same 'reasonable adjustments. I went back to work to try one of the adjustments but it did not work out so I am now back sick with a GP fit note for one month. HR have booked another OH appt for next week (no idea why as they have already had 3?)

I have now received an e mail from HR and they are asking me specific questions about my sickness. My current sickness is workplace stress due to all the malarky, but the 'original' sickness (the one I need the adjustments for) is always present and has been classed as a disability.

In a nutshell my question is - are HR allowed to ask me very specific questions about my current (workplace stress) sickness? I'm not trying to hide anything I just think all the OH reports answer all the questions.

Hope this all makes sense ? Thanks in advance 

The short answer is yes. There are some questions it might be unwise of them to ask, as it might leave the company open to a claim, but there is no law preventing them from asking.

Are any of these recommended "reasonable adjustments" related specifically to your disability? If they are and providing they are indeed reasonable then the company is obliged to implement them. If however they relate to a non disability illness or injury, then they are not obliged to make any adjustments. They can in effect say "do your normal job or stay off sick until you can".

Whilst many good employers do far more in the way of adjustments than the law would require, that doesn't mean all do. Because if this many employees over estimate their entitlement in this respect.

Have we not discussed some related matters in previous threads?

TELLIT01

As some adjustments have apparently been made but didn't resolve the issue, how else are HR supposed to progress if they don't ask questions?

Suzycoll

TELLIT01 said:

As some adjustments have apparently been made but didn't resolve the issue, how else are HR supposed to progress if they don't ask questions?

fair comment Tellitt . This is all part of a very long story. I don't mind answering questions but they are asking the same questions time & time again. Everything they need to know I have advised them of previously and is in all my OH reports. I just don't know anything further I can advise them of  - its quite exasperating and exhausting.