Not told about job vacancy: Just... - British Heart Fou...

British Heart Foundation

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Not told about job vacancy

trafar profile image
32 Replies

Just looking for a bit of advise. Currently off sick following heart attack and angioplasty, due to return the end of November. Since being off sick I have had little contact with my employer, I had one phone call with my manager when I came out of hospital which was instigated by me. I then heard nothing so emailed him just so I had some contact. I then found out that there was a job vacancy in my team that would be a promotion for me, I was not told about the vacancy and hace had not contact with the organisation since the 29th August, my director contacted me via WhatsApp in September with a superficial conversation, no mention of the job opportunity. The job went out via an agency and there was no local advertising which is what happens with other vacancies as a consequence I didn’t see the advert.

I didn’t apply at that late stage because I feel that I was not told on purpose and has knocked my confidence. I had been doing a lot of the new job anyway but just nit getting paid for it. I blame the situation I now find myself in on the amount of pressure and stress that they put me under over the past 18 months. I am not sure I would really want the job but feel very sad that I was overlooked because I am not at work.

What should I do, make a fuss or just let them get away with it.

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32 Replies
Rosieapple72 profile image
Rosieapple72

Hi Trafar

It really depends upon a few factors such as the type of organisation you work for, public or private sector, and their recruitment policies. If you could get copies of these, if they have them, then this might help you to understand how they take decisions about how they will recruit.

The best way, if possible is to have an open and honest conversation with your manager, not just about the recent vacancy, but about how the last twelve months or so has impacted upon you and how they can support you to return to work without any undue impact on your health.

Good Luck!

trafar profile image
trafar in reply toRosieapple72

Public sector, they have beached both their recruitment and sickness absence policies. I know what they have done and think they have probably discriminated against me because I am off sick but I am just unsure if I pursue (as I know I should) but is it worth the hassle. The old me would have fought me all the way but the new me is thinking differently.

Rosieapple72 profile image
Rosieapple72 in reply totrafar

They have a duty to keep in touch whilst you are off sick, and to facilitate a phased return to work taking into consideration your health needs. They also have a duty to assess any impact which you work situation may previously had upon your health in order to prevent this happening again.

It’s not about not making a fuss, it’s about looking after yourself and ensuring that when you return to work, you do not become ill. If you can, it would be bro try to separate the two issues ie the job vacancy from ensuring a positive return to work.

Having a heart attack and angioplasty is life changing, and you really need to take heed of that. You are the most important person in this and you need to ensure that you look after yourself and that employer looks after you too.

If you are able, and I understand that you don’t want to make a fuss, then either speak to your manager or ask to meet with someone HR. If you are a union member then your union rep could support you. Please remember though, that YOU are your priority.

Fullofheart profile image
Fullofheart in reply totrafar

If its public sector they have very definitely not attended to their own policies and I would seek union advice.

SNA4724 profile image
SNA4724 in reply totrafar

Trafalgar I work in the Public Sector and I had to advise my manager what the policy was for contact and returning to work with a formal.meeting if off 3-5mths. I return end of November but then it will be a phased return over 8 weeks.

You should make it clear the policy and also cc in HR and also ask for a representative to support you.

Good luck and hope your recovery is going well.

trafar profile image
trafar in reply toSNA4724

Yes it’s going well, I am attending cardiac rehab, I can now walk for 4.5 miles and swam yesterday (walking through the water and swam 4 lengths) I could have done more but was a bit afraid the first time because of how strenous swimming is. I have got my chloestrol back to normal levels and have lost over a stone in three months. I have used this as a reset as I had been working too hard and not looking after myself. No more long hours, just do a good job then go home when I go back.

I know I can’t get the job as they have interviewed and it’s due to be offered today it’s just the fact I didn’t have the opportunity.

Thank you all for your advice.

SNA4724 profile image
SNA4724 in reply totrafar

Wow it's like reading about me!Well done on your progress. Keep at it as YOU ARE WORTH IT X

trafar profile image
trafar

Thank you Rosieaople, very helpful advice. I have remained very positive about everything and have done all I can to get myself back on track but this has dragged me down. This is also an employer who won and award for its work on reducing mental health issues. Just lip service I am afraid.

Whilst you were and still are long term sick it is quite possible your employer passed you over, especially if they wanted the post filling quickly. So I suggest you speak with your line manager to clarify the situation, perhaps an informal face to face if you can get into your place of work. In any case, for your own benefit you should be keeping in touch from time to time with your employer updating them with how you are. I would not rely on them contacting me, bearing in mind 'out of sight out of mind'. And if you feel fit enough, and with your GP's approval you could suggest to your employer a phased return to work. That way you demonstrate that you are keen to return to work in a controlled way and up for the challenge which will stand you in good stead should another post come up. It might also have a health benefit for you. And assuming you are staff rather than agency, when you finally return to work and get back up to speed you could talk to your line manager and suggest that they consider you for the post you didn't get to know about, especially since it is being handled by an agency person whose costs are likely to be more than yours. The worst that can happen is that they say no.

trafar profile image
trafar

I had been keeping in touch with them, letting them know how I was, what progress I had been making, every appointment I had been attending all instigated by me and I got nothing back. I gave up trying in the end, my certificate runs out the end of November and they know that it’s is my intension to return them. So anyone that gets the job will have to give notice so potentially will only start when I return. It’s is probably now clear that I was being ignored for a reason.

The job is permanent the agency are carrying out the recruitment process they are not recruiting a Temp.

Lowerfield_no_more profile image
Lowerfield_no_more in reply totrafar

If you feel your employer may be trying to push you out due to your health issues you are protected to some extent by the Equalities Act 2010 which is intended to prevent discrimination in the workplace. There was a post about this yesterday, and a number of responses were made including one by me and I suggest you read through it.

trafar profile image
trafar in reply toLowerfield_no_more

Thank you I will have a look for it.

Lakky12 profile image
Lakky12

I would say pick your battles. In other words, if the thought of talking to your manager about it is going to give you anxiety, ask yourself if it’s worth it. Might be better to ease yourself back in to work you are already familiar with. Other opportunities might present themselves in the months to come.

benjijen profile image
benjijen

I agreed with Lakky12. Ease yourself back into your existing job. You have already said you were doing part of the new job and were under pressure, which is something you don't need at the moment. Whoever takes on the new position will presumably be on a trial period, which may not work out. I would advise you to read the job description for your existing position and stick to that work. Less stress. Contact the occupational health now re a gradual return to work and avoid any confrontation. If you REALLY want the new position, then jusy apply for it.

redimps profile image
redimps

Hi I am sorry to hear about the issues you are having with work. I posted a response yesterday to someone also having work issues regarding the dreadful discrimination I went through following a major heart attack which happened at work and the fact that I was not supported in any way to return to my job to such an extent that I felt I had no option but to leave, really devastating for me. I also was not contacted during sick leave, I had to , like you , do all the updating etc. It certainly sounds as though your employer has broken policy and procedure. I was too ill at the time to do anything despite being told I had a claim for constructive dismissal. What I would say is pick your battles, one thing I did learn all the way through my work issues is that your health is the most important thing, we have come through a major life changing experience. I feel that once an employer has shown their true colours and been unsupportive they are unlikely to change. I also blame, to some extent, the immense pressure I was under at work prior to the heart attack. I feel very sad and very cross that employers are allowed to get away with this sort of thing but as I said pick your battles. Life is too short and we have been given a second chance. Good look going forward

trafar profile image
trafar in reply toredimps

Thank you, yes I totally agree it’s definitely a second chance.

Bingo88 profile image
Bingo88

Good luck in what you decide to do next. You have already said that the pressure of the job could have contributed to your health problems and when I used to work I always thought I was just a number doing a job that they would replace and not really appreciate the way I did the job with no problems. They may use the excuse that they didn't want to put more pressure on you since your illness. But still should have spoken to you about it. Your health is more important than any job. Although I appreciate we all have to work to pay the bills. Good luck. Brian

trafar profile image
trafar in reply toBingo88

“Didn’t want to put more pressure on you” is exactly what I want them to say, that’s a clearky discrimination because of my health issues. Thank you for your response.

wischo profile image
wischo in reply totrafar

I would ask myself how important this really is in the broad scheme of what you have been through, and it is possible your employer may have thought the last thing you need is more workload and pressure. I can imagine after what you have been through you will be feeling very sensitive but is it really such a big deal. As was mentioned previously there may well be more opportunities for promotion for you in the near future so I would look after myself and stop dwelling on this as your health is so much more important.

World1inmotion profile image
World1inmotion

If you are in a trade union contact your rep for advice. If you are not a member consider joining. In my experience managers in public sector are often left to basically do their own thing and many do not check the procedures they should follow and senior managers do not check. Again my experience, union reps can be very helpful and can challenge the employer if they are not following their own procedures and it is good to know someone has your back rather than trying to sort things on your own. Really up to you if you want to follow this advice, as I understand that some people do not like unions. Whatever you decide I would strongly recommend writing everything down with dates if possible, such as when you went off, details of any contact from employer, details of your own attempts to contact your employer, anything you have had or sent in writing including emails. It's very difficult when you have had a major health incident to know what is best and I would suggest talking it through with someone you trust to maybe just get a different more independent view. Whatever you decide, good luck and follow all the medical advice from hospital and from the BHF website to keep healthy.

trafar profile image
trafar in reply toWorld1inmotion

I am in the trade union and in fact I was the secreatary if the union for several years a very good one by all accounts. I know what they should be doing and know their policies it’s just a case of do I really want the hassle as I dint know how I will feel when I go back. Thank you for your reply.

Your experience resonates with me. I was a senior lecturer in a major university and had a pretty good teaching and research record. I had a heart attack at home that occurred just hours after an acrimonious department meeting where I told management that workloads were unfairly distributed and over work was a major issue for me and a few other willing workers (or 'mugs' if you like). It's the same the world over I'm afraid.

I heard that the minute of me bringing the issue to light from that meeting was redacted at the direct instruction of a senior manager the next day! Says it all really.

Whilst on sick leave, after my heart attack I was emailed by my boss - "so you don't hear from someone else" - that my department was making a targeted appointment in my area. The person just happened to be at the next level up (Professor).

At that point (age 60) I thought - 'right I'm going to max out my sick time' - full pay for 6 months (I hadn't finished rehab so was not going back until I'd completed it) and didn't really feel up to going back yet anyway. I was fairly anxious.

Occupational health were next to useless, so I just kept asking for a monthly fit note from my doctor (who wrote it without me even seeing or speaking to them.

At 6 months I had a phased return to work but I realised it was almost pointless making a complaint given the employer essentially closing ranks.

Luckily I could just about afford to give up work (age 60) and am glad I did as I'm sure it would have literally killed me despite them saying they would decrease workload.

I'm sure you will think carefully about your next steps. But that was my experience and I wasn't in the union, because they had been rubbish in the past for me so I resigned from it after 25 years. So I didn't want to even think about pursuing the university personally as they have much deeper pockets than me.

Health, physical and emotional, were way more important than anything else for me.

All the best

uzininemm profile image
uzininemm

Yes it does look like bad management and am not surprised at all with this from the public sector (having previously witnessed both good and bad).

Can I just say do make sure you make a written note of all your meetings/phonecalls etc going forward including who was present, what was said the date etc.

This be very important if you do decide to take things further, particular if the manger makes notes (which they should) and there is potential disagreements.

World1inmotion profile image
World1inmotion

Your health is the most important thing, so if you think one path will make things worse then do not follow that path. I would in your position make the notes about your dealings with management and also I would suggest your email your manager and copy in a trusted colleague or union rep with a summary of your understanding of any further conversations you have just so you have something in writing in case of any future issues. Good luck and good health

Letsallhope1 profile image
Letsallhope1

Perhaps I don’t quite understand your post but when the new job came up you were still signed off sick right? If so I really don’t understand why you’re upset about it, if you’re off sick, especially for a heart condition, I would not expect your company considering you as a candidate, as per definition you are off sick so you would not attend an interview if you’re not well enough to attend work, not even sure if they can legally invite you for an interview if still signed off sick 🤔

Also, a new job is stressful enough for a healthy person, surely they must have thought about that too.

lastly, maybe it’s just me but when I had time off after my open heart surgery, I was quite happy to be left alone, it was decided between me and my line manager that I would be the one making contact every now and then and keep her and HR informed when I would have been ready to resume my work activities and working out together a “back to work” schedule.

I don’t know how the relationship between you and your line manager is but I would suggest to speak to him/her and perhaps, with tact, explaining how you feel about these issues, I find that being upfront and clear gives always better results than keeping everything bottled in.

trafar profile image
trafar in reply toLetsallhope1

Thank you for your response Letsallhope1. Letting me know about changes and things happening in my team is absolutely what they should do. Them deciding whether it was too stressful for me is clearly discrimination. I should have been told and been able to make my own mind up. I am due back to work within a few weeks so all they had to do was make some reasonable adjustments for me to enable me to attend an interview. There is nothing illegal about attending an interview while off sick. What I also haven’t said is this vacancy was released earlier in the year and I applied but it was pulled at the last minute till the organisation did a big pay review of all posts so they knew I wa interested then, I had already put my presentation that I was asked to do for the interview.

The last time I spoke to my manager he said speak soon so assumed it would be in line with the sickness absence policy, that was on the 5th August. I have since emailed my progress which shows nothing but positivity but only ever got thank you for letting me know and nothing else.

I agree I want to be upfront with them and tell them how I feel but wasn’t sure if it was worth the hassle as I know I will be opening up a can of worms.

KIMMY60 profile image
KIMMY60

You don't need the stress when you go back don't put yourself out for them just do your job go home on time no extras without extra pay in future don't say anything just do that

PecanSandie profile image
PecanSandie

Is it possible that you were not told because your boss didn't want to cause you any stress while you were recuperating? Does it make sense to take on additional responsibilities while you are trying to get back in the swing once you return to work?

Mariathas profile image
Mariathas

Trafar if I were you I would just leave it alone. Job and money isn't all. Your health and wellbeing is much more important. They probably didnt tell you about the new job position because they know that you need to take things easy and not to be too over stressed with work.

BicuspidBloke profile image
BicuspidBloke

Working in HR myself it is our policy not to intrude too much on people who are off on sick leave. We keep in soft touch in terms of genuine care & support around physical & mental health wellbeing. And as the time for return got closer we would look to perhaps talk about return to work support. But we wouldn't impress too much worky stuff and that includes other available roles; we value the time away from work and know (particularly me personally) how much of a help a complete break is. I was off last year and a very similar thing happened but I absolutely respect not being bothered by it. Yeah, I maybe missed out but I'm alive & recovered and that's what matters to me.

MaggieSylvie profile image
MaggieSylvie

I can absolutely understand how you feel. I am so sorry that this is probably making you feel worse about the whole situation at work. It would be interesting to see what the job description for the new job would be. Hopefully they are looking to take some of the stress away from your job - you did say you were doing part of the new job. I would write a short note to HR expressing your disappointment and asking how this will affect your job when you return, hoping that it will make your working day easier. If you get a decent reply it may at least help you to feel better about the current situation.

Wells67 profile image
Wells67

It’s disappointing that your company failed to let you know, however as much as it’s frustrating do you really want to have all the stress of taking them to task. I would concentrate on your health at this stage and reassess when you’re further down the road. I suspect they most probably didn’t think that a new job role and all that goes with it would be beneficial to your well being.🙂

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