Occupational Health assessment on return to work

13

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  • nicechap
    nicechap Posts: 2,852 Forumite
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    wizzards wrote: »
    Well I am pretty sure that the current boss is a hatchet man to reduce cost. I will get about 75-80K based on the current union negotiated deal. Part of that tax free. Just about allows me to retire at approx 55 and get a nice relaxing job in wildlife/conservation or something less stressful. Swapping jobs when your expecting a next round of cuts with a payout would be silly I think. I don't love my current job but on the other hand its flexible working from home at 37.5 hours with OT after that. Holiday trading allowing you to transfer or buy an extra week. Because i started in the 90's I don't have the performance related pay and retained a long service bonus so I think I better play along. Moan a bit but not too much. Thus ensuring I get selected at the next round. I can't say that will happen as I am / or was very good at my job.


    Why aren't you using the union to support you through this process instead of grasping at strawman arguements with strangers on the internet?
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • JCS1
    JCS1 Posts: 5,288 Forumite
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    Why wold they pay you £75-80k redundancy, when they could go down the capability route and pay you notice pay + any unused holidays?
  • Undervalued
    Undervalued Posts: 8,844 Forumite
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    edited 11 January 2019 at 5:23PM
    JCS1 wrote: »
    Why wold they pay you £75-80k redundancy, when they could go down the capability route and pay you notice pay + any unused holidays?

    Quite, as I pointed out on the previous page.

    However there is a possibility that the OP might have been one of those eligible for the redundancy deal, but the firm are trying to avoid this in the hope that they can dismiss on capability grounds. That would obviously save them a lot of money.

    If the OP could evidence this then he might have a case. As I keep saying he needs proper professional advice. I don't think it is very likely but given the amount of money involved he shouldn't be relying on strangers on a forum.

    Where is his union in all this?
  • pmduk
    pmduk Posts: 10,655 Forumite
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    edited 11 January 2019 at 3:41PM
    JCS1 wrote: »
    Why wold they pay you £75-80k redundancy, when they could go down the capability route and pay you notice pay + any unused holidays?
    Especially when the OP has already described him:
    wizzards wrote: »
    Well I am pretty sure that the current boss is a hatchet man to reduce cost.
  • wizzards
    wizzards Posts: 153 Forumite
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    Redundancy notification finished a week or so before I decided to go back. While I was getting better the last thing I wanted was redundancy as it might affect my medical cover among other things.

    On a plus note HR want to use my case as an improvement discussion with the health provider. But obviously they want my consent.
    I would say its OK if they anonymise any private data such as my name etc in discussions. Or I say a flat no.
    This means that HR accept there has been some issues and want to address them. That is the first positive I had today. Before my boss was threatening me I had to stay off sick and suggested that I would be on 3/4 pay insurance scheme now as I had exceeded 6 Months. I said I didn't think so. After saying I would rather take holiday than lose pay he said he spoke with HR and forget what he said.

    HR claim no data is kept on there systems and they access the data via the Health companies portal. So kind of its a case that its not there problem.
    In terms of a recording device I saw some nice pens on here https://www.spygadgets4u.co.uk/spy-pen-cameras.html

    In terms of involving the union I tried before I was diagnosed. And they said say as little as required during the OCC health.

    As to: - Why aren't you using the union to support you through this process instead of grasping at strawman arguements with strangers on the internet?
    Answer:- I am with UNITE UNION. I rang there legal helpline regarding the consent issue and they didn't think they could do anything. The local rep has been helping me a bit with the HR issues but beyond that I haven't got any support.
    I'll talk to him again to see if he has any ideas to help me. If someone knows who in UNITE head office I can contact for help if thats better let me know or point me at the web link.

    Do people think I should pop into a solicitors and get some advice. What would that cost and how should I approach it. Just tell them whats happened and see what they say and give them the docs etc to look at. I should get free legal advice through the union but so far I haven't managed to get anywhere with that. I have got copies of all the reports and consent forms.
  • nicechap
    nicechap Posts: 2,852 Forumite
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    Before you go back to your union or seek external legal advice, maybe write down what it is you actually want rather than naysaing any suggestion made by your employer.

    What did you hope to achieve by asking strangers on the internet questions you'd already asked of your union legal helpline? Their answer seems very similar to what was given on page 1. I don't really want to know your answer, as I'm out. I don't think the root cause of your problem is your employer.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Undervalued
    Undervalued Posts: 8,844 Forumite
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    wizzards wrote: »
    Do people think I should pop into a solicitors and get some advice. What would that cost and how should I approach it. Just tell them whats happened and see what they say and give them the docs etc to look at. I should get free legal advice through the union but so far I haven't managed to get anywhere with that. I have got copies of all the reports and consent forms.

    If the union find out you are taking legal advice elsewhere they may well no longer represent you.

    So you either need to stick with the union or keep any other advice you get to yourself. You certainly don't say to the union "my solicitor says"!

    Maybe check briefly elsewhere, you might even get 30 mins free, then decide whether to stick with the union or not.
  • wizzards
    wizzards Posts: 153 Forumite
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    Before you go back to your union or seek external legal advice, maybe write down what it is you actually want rather than naysaing any suggestion made by your employer.

    What did you hope to achieve by asking strangers on the internet questions you'd already asked of your union legal helpline? Their answer seems very similar to what was given on page 1. I don't really want to know your answer, as I'm out. I don't think the root cause of your problem is your employer.

    What I am looking for is how to get an apology for the way I have been treated by my employer and the health company from them and the their faulty reports about me to be deleted and them to let me get back to normal life. And also how to deal with going through the ordeal of yet another OH review. if you'd suffered a seizure you'd not want to spend time with some GP going over all the history again.

    From the internet I was hoping I would get some sensible advice given I've tried the union. I don't want to sue anyone.

    As to my boss he didn't tell anyone I was ill. Not even the departmental secretary knew. I think he thought thats another one I got rid of...
  • elsien
    elsien Posts: 32,684 Forumite
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    wizzards wrote: »

    As to my boss he didn't tell anyone I was ill. Not even the departmental secretary knew. I think he thought thats another one I got rid of...

    Or maybe he was just respecting your confidentiality.
    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.
  • wizzards
    wizzards Posts: 153 Forumite
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    I don't think so. He is not allowed to say whats wrong with me yes.

    Also while I was ill I posted something on the company website about the office move plans and the fact that the new office layout didn't show computer screens on many of the desks. I politely asked if this would comply with DSE requirements. Then I get a text message from him saying I've misused the IT services and disobeyed his instruction not to work and I must immediately surrender my laptop and phone till I am back from sick leave.

    I said in reply I don't believe I have done anything wrong. It isn't work and if he wants my IT equipment he will have to collect it from me as I am not allowed to drive. Also I said I would need to see the union rep and HR to discuss it and I would need a receipt if he really wanted the laptop or alternatively we could let sleeping dogs lie. He let the dogs lie
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