Capability Review for out of hours work.

sstjc

I have recently been off sick and suffer from stress. Due to a number of ongoing issues I have raised a grievance regarding my treatment at work and workload. I spend all day on the road carrying out assessments on field engineers. When I get home I have to do between 2 and 4 hours work, unpaid, loading the reports and emails. 
Some of the assessments I do are prearranged and this was arranged by a manager. On my return from sick leave I was told I now have to arrange these assessments. I said due to my physical health and stress I am not will to take on any further work in the evenings. I explained I need to draw a line to protect myself.
My manager has denied that the work in the evening takes as long as i've said it does. Now they have told me to attend a 'Capability Review' next week. I believe they are either trying to get rid of me or to assess if I can do more in the evening. Could someone please help by advising if they can carry out an assessment on the non-contractual work I do in the evening please.
Thanks

Undervalued

sstjc said:

I have recently been off sick and suffer from stress. Due to a number of ongoing issues I have raised a grievance regarding my treatment at work and workload. I spend all day on the road carrying out assessments on field engineers. When I get home I have to do between 2 and 4 hours work, unpaid, loading the reports and emails. 
Some of the assessments I do are prearranged and this was arranged by a manager. On my return from sick leave I was told I now have to arrange these assessments. I said due to my physical health and stress I am not will to take on any further work in the evenings. I explained I need to draw a line to protect myself.
My manager has denied that the work in the evening takes as long as i've said it does. Now they have told me to attend a 'Capability Review' next week. I believe they are either trying to get rid of me or to assess if I can do more in the evening. Could someone please help by advising if they can carry out an assessment on the non-contractual work I do in the evening please.
Thanks

Short answer is yes.

Were you off sick for long enough to require a doctor's "fit" note? 

If so, does the doctor now regard you as fit enough to resume your full normal job. If not the fit note gives the doctor the opportunity so say, in effect, that you are only well enough to do X and Y but not Z etc. If that had happened the firm would have had to chose between following the doctor's recommendations or telling you to remain off sick.

Note: this is not the same as "reasonable adjustments" in response to a disability, which the firm would be legally obliged to folllow (if reasonable)! 

sstjc

Thanks for your response...... Yes I was off sick for 2 weeks then the fit note said I was able to go back to work with no conditions attached. I was back at work for 2 weeks before sending a complaint to Welfare. The complaint I raised which was titled 'Complaint' to the Welfare Department is going to be dealt with as a Grievance by the head of HR. It includes a number of issues which I wanted to resolve and clear the air over.

My belief in the absence of any other info at this point is that my manager and supervisor who are going to conduct the Capability Assessment are going to use it to discredit me and try and get me out of the company.

Undervalued

sstjc said:

Thanks for your response...... Yes I was off sick for 2 weeks then the fit note said I was able to go back to work with no conditions attached. I was back at work for 2 weeks before sending a complaint to Welfare. The complaint I raised which was titled 'Complaint' to the Welfare Department is going to be dealt with as a Grievance by the head of HR. It includes a number of issues which I wanted to resolve and clear the air over.

My belief in the absence of any other info at this point is that my manager and supervisor who are going to conduct the Capability Assessment are going to use it to discredit me and try and get me out of the company.

In which case it is not unreasonable for the firm to take the view that you are fully fit to resume your normal duties. They will argue that a highly qualified medical professional has said so!

Sorry, but taken literally, handling your complaint as a grievance is the correct thing for them to do. 

Would your doctor be willing to write a report saying that your current workload is damaging your health? That is not part of his NHS duties so may well be chargeable.

sstjc

Undervalued said:

sstjc said:

Thanks for your response...... Yes I was off sick for 2 weeks then the fit note said I was able to go back to work with no conditions attached. I was back at work for 2 weeks before sending a complaint to Welfare. The complaint I raised which was titled 'Complaint' to the Welfare Department is going to be dealt with as a Grievance by the head of HR. It includes a number of issues which I wanted to resolve and clear the air over.

My belief in the absence of any other info at this point is that my manager and supervisor who are going to conduct the Capability Assessment are going to use it to discredit me and try and get me out of the company.

In which case it is not unreasonable for the firm to take the view that you are fully fit to resume your normal duties. They will argue that a highly qualified medical professional has said so!

Sorry, but taken literally, handling your complaint as a grievance is the correct thing for them to do. 

Would your doctor be willing to write a report saying that your current workload is damaging your health? That is not part of his NHS duties so may well be chargeable.

Yes thank you. I will look into that and contact the gp to see what can be done. I think my biggest concern at the moment is that on past experience the very young manager that is doing the capability assessment won't handle it correctly based on past experience. 

However what they are now asking me to do unpaid outside my normal working hours is becoming excessive particularly for me with the issues I have at the moment.