Occupational Health assessment on return to work

Options
24

Comments

  • wizzards
    wizzards Posts: 153 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    edited 10 January 2019 at 6:03PM
    Options
    I think the best thing I can do is make my employer explain the process. Give my employers health company only my consultants details.
    My consultant has said they will 100 % support any employment questions or problems. Pituitary conditions are I believe classed under the Disability act hence my employer maybe has to make allowances which will be in my favour ?
    Make sure I take a tape recorder and a notepad and write down each question and answer so when the report comes I can check it ?
    How long do I have to say I want a statement or changes to the report. The company gives only 2 days for the report to the employer and 21 days for the report coming from the GP to them.
  • Undervalued
    Undervalued Posts: 8,852 Forumite
    First Anniversary Name Dropper First Post
    Options
    wizzards wrote: »
    I think the best thing I can do is make my employer explain the process. Give my employers health company only my consultants details.
    My consultant has said they will 100 % support any employment questions or problems. Pituitary conditions are I believe classed under the Disability act hence my employer maybe has to make allowances which will be in my favour ?
    Make sure I take a tape recorder and a notepad and write down each question and answer so when the report comes I can check it ?

    Possibly but please get some professional legal advice and not do anything that may jeopardise your employment.

    Yes, if it is a disability then you employer must make reasonable adjustments. However what is reasonable can depend on all kinds of factors and it often doesn't go anything like as far as people fondly believe. In fact I would say that the vast majority of "good" employers do far more than the law would actually require. However, just because they do it doesn't mean every employer will.
  • Undervalued
    Undervalued Posts: 8,852 Forumite
    First Anniversary Name Dropper First Post
    Options
    wizzards wrote: »
    The company gives only 2 days for the report to the employer and 21 days for the report coming from the GP to them.

    I am not aware of a fixed time limit so it is our old friend of what is reasonable.

    Again though, I really wouldn't argue these sort of points unless it is essential.
  • Savvy_Sue
    Savvy_Sue Posts: 46,028 Forumite
    Name Dropper First Post First Anniversary
    Options
    wizzards wrote: »
    If they offered me a redundancy package on the same terms they offered others recently I would take it as I have 28 years service. I already have a few other job offerings in the pipleline. I would be stupid to walk away without a package.
    Not necessarily. If you have another job offer which you'd be willing to accept, IMO it would be stupid to hold out for a package of any kind, which may not be forthcoming.
    Signature removed for peace of mind
  • wizzards
    wizzards Posts: 153 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Options
    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.
  • wizzards
    wizzards Posts: 153 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Options
    Is it illegal for me to tape the interview with the OHS people without telling them. I was just thinking rather than write everything down long hand I could just tape it and then when the reports come through I can cross check what we said and the report. I can just pop a mini tape recorder in my pocket. The mic can sit on my jacket button hole. If they ask I just say its for my mobile. I have an external mobile phone mic / ear piece that will plug into the mini tape recorder I use for notes to myself at work.
  • nicechap
    nicechap Posts: 2,852 Forumite
    Name Dropper First Anniversary First Post
    Options
    Why not be polite and ask the OH person if you can record them?
    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."
  • wizzards
    wizzards Posts: 153 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Options
    If they so no where do I go from there. There gonna ask why. And that's gonna put their back up. I went last week and gave them my consultants report and they just didn't even want to read that. They just shoved it away and pushed a load of forms towards me without explaining what they were for and tried to get me to sign them. The notes said your boss has explained to you why your here and a load of other stuff. After much pushing the lady read the letter I prepared explaining what had happened before along with my consultants letter and said do you want me to do the assessment or not. I said its OK to do the assessment but as these things are supposed to have been explained to me and they haven't I can't really be expected to sign the forms until they are. They were difficult to understand about which reports I could comment on and what rights I had if I didn't like the content etc.
    She kind of huffed looked quite unsettled then she and we left. She seemed to think this was a brand new case and was unaware I had been 3 times 6 months earlier before my diagnosis for the same issue.

    I asked my boss and he told me
    The process is there to protect you in case of an unscrupulous employer who demands that you come back full time whilst not 100 %.

    I told him in reply I cannot agree that this is true in terms of the employee part in my case given my experiences to date.
    I mean the last lot told me I need to exercise when I had no diagnosis of my tumor. That could have killed me if I was stupid enough to think it was a good idea. The silly woman went on about getting fresh air and exercise would probably do me some good etc. She wrote all that in report as well and sent it to my boss.


    My boss seemed to imply that he will explain next week and setup a new appointment.

    I have seen a nice pen that works and can do 16GB recording of voice and video. i.e hours. A bargin for £49 quid.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    First Anniversary Name Dropper First Post
    Options
    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.

    OP - you're playing a dangerous game with that length of service. I speak as someone in a similar situation re service/OH but without the issues you apparently have re health provider. I've also watched colleagues in the same boat and seen their outcomes

    At that length of service you obviously have some significant relationship with your employer, a short term cost to them (salary) and a longer term liability (redundancy/replacement). Whilst there continue to be those that make a killing by getting redundancy in late 40's/early 50's these are becoming fewer and with significant risks - especially if you're looking to change your behaviours to achieve this.

    Given the significant medical issues you've had (and I've had similar time off but for a different medical reason) my advice would be to work with your employer rather than trying to battle against them. If the heath provider are causing issues then you need someone internal (OH) to recognise and manage this - if you go into battle yourself it both drains you mentally and has the potential to leave a bad impression with your employer.

    One of the risks to this is that your employer - with no significant risk to themselves - can easily understand your endgame and mitigate against that. Your role may change, your flexibility withdrawn and objectives increased to such an extent that either you choose to leave or you end up with a compromise agreement giving significantly less than any potential redundancy payment.

    Given all the positives you raise about the lifestyle this particular role/employer gives is it not better to approach in a less confrontational way ?
  • Undervalued
    Undervalued Posts: 8,852 Forumite
    First Anniversary Name Dropper First Post
    edited 11 January 2019 at 11:32AM
    Options
    wizzards wrote: »
    Is it illegal for me to tape the interview with the OHS people without telling them. I was just thinking rather than write everything down long hand I could just tape it and then when the reports come through I can cross check what we said and the report. I can just pop a mini tape recorder in my pocket. The mic can sit on my jacket button hole. If they ask I just say its for my mobile. I have an external mobile phone mic / ear piece that will plug into the mini tape recorder I use for notes to myself at work.

    No, it is not illegal (i.e not a criminal offence) providing you are present. It would be illegal if you left the recorder running while you were out of the room (i.e bugging!).

    However there can be all kinds of issues using covert recordings as evidence. Under some circumstances the recording (or more likely a certified transcript) will be accepted but it is complex.

    It will also go down like a lead balloon if they find out!

    Providing you are absolutely sure you are not going to get caught then record it if you wish. The recording may be of some use depending on what develops.

    I will say this one more time.....

    You really need to get some one to one legal advice. You mention a union has been involved in general redundancy negotiations? Are you a member and if so why are they not advising you?
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards