Further update had occupational health assessment and report...

[Mayneffy]

Had my occupational health assessment on Thursday. To be fair it was a bit intimidating as there was two doctors in the room, one assessing the other, but also asking his own questions. I did emphasis my triggers eg viral infections and the impact the added anxiety is causing to my asthma. They said that my asthma is 'probably' covered under the disability act but they are doctors not lawyers. The report arrived Friday, said I'm fit for work, which I am, the doctor mentioned the disability act my situation is likely to apply in this situation but he's not a lawyer, recommends management consider reasonable adjustments eg triggers but again this is a management decision.

I sent the report through to the union rep and awaiting what happens next.

[Poobah]

Interesting. I've not come across an occupational health practitioner who wasn't able to recommend reasonable adjustments before. I'm wondering if your employer has sent you to a doctor rather than a qualified occupational health practitioner. Same applies to their inability to give a straightforward opinion on whether the Equality Act applies.

The expectation is that the practitioner would be more committed to giving an opinion on whether the Equality Act applies or not. And the doctor was wrong in saying a lawyer would determine the qualifying criteria, only a court or tribunal can do that in cases where the medical condition isn't specifically listed in the Act (very few are). In my opinion, this all points to a medical review, not an occupational health review by a qualified practitioner.

So where does that leave you? You can check if the individual you saw has the relevant accreditation, *HSE has links that help you identify what accreditations are held by the doctor. Once you've checked, and if you've seen a MD rather than an OC practitioner, at least you know that you can always ask for a review with an accredited occupational health practitioner in order to get recommendations for reasonable adjustments around sick absences and the application of the Equality Act.

I suspect that the review report will be equally frustrating for the employer/manager. Ideally, the OC practitioner would state that additional absences would be a reasonable adjustment for an asthmatic who is vulnerable to chest infections and consequential asthma exacerbations. They would also give an opinion that the Equality Act does apply, based on their review.

*link: hse.gov.uk/health-surveilla...

[Mayneffy in reply to Poobah]

Hi poobah, thanks for your reply, yes they seemed to be both doctors (more a medical review) Henze not committing to anything really other than me being fit for full duties, already telling me something I already know. They seemed to be more concerned about the organisation than the person which kind of figures if they are being paid by the authority. One of them actually asked me if I was the authority what would I say? I said have a better understanding about my situation. I'm not sure if insisting on an occupational health review will help my cause (being seen a difficult) and I'm not entirely sure if they will adjust triggers, which the doctor suggested rather than recommend. Therefore I guess it's back to the union.

[Poobah in reply to Mayneffy]

Your union rep will definitely know the employer and how flexible their protocols are. Mangers can sometimes be less flexible than the employer requires and that local knowledge would be something your union rep can help with, and give some perspective to.

All the best.

[SingleCatLady]

That's unusual. When I had my Occupational Health review, the report stated clearly that my conditions were covered by the Equality Act. It also suggested reasonable adjustments, which we had discussed during the review. I don't see the point of a review if it can't make recommendations! Are you in a Union? If so, I would speak to them about next steps.

[Patk1]

I'd have a read up on asthma + disability act related to it,so you can decide what reasonable adjustments work could make eg allow extended sick leave if required,when ill; not include sick leave for asthma in the disciplinary procedure; allow some home working during recovery( if its feasible); allow a phased return after being ill eg 2wks of part time.I'd make bullet point list of how asthma × chest infections affect you - both during acute flare up & how u feel afterwards for whatever period.

They probably aren't aware of how bad u get,only seeing you pre flare up + whn recovered.

I'd also point out yr gd timekeeping & sickness leave is rare.all the best x