occupational health?

[Tired-fed-up]

Hello. Just looking for some perspective on this. I’ve been on the sick for just over a year. I don’t receive sick pay ( just got the standard SSP to start). I met with our new CEO today and he wants to “get this resolved” within a few weeks. The have previously offered me £1500 settlement agreement to leave which I said was insulting. Anyway he seems to be using the “threat” of bringing in occupational health as leverage - which confuses me as I thought OT was in place to help the employee? I’m confused and regrettably didn’t identify this confusion when I met him so didn’t get to ask him about it. Has anyone had a similar situation? And has anyone positive or negative experience of OT? Thanks all.

[Deeb1764]

I am a great believer in OT as it’s helped me in my work. However the bigger issue is they are doing forced or trying to forced dismissal against you for an illness that is protected under employment laws. Check NRAS main webpage they have lots of info and maybe speak to ACAS on what is allowed etc!

[Deeb1764]

[phone] this is phone number for ACAS and just explain your health issue and what is happening and they will let you know exactly what should be done!

[Tired-fed-up in reply to Deeb1764]

thank you. I’ll contact them after the bank holiday.

[HappykindaGal]

occupational health will do an independent factual assessment. A year is a long time to be off and no business can sustain this. Personally, I’d try and negotiate a settlement. As an employer, I would have brought in Occy health much earlier as a business is not legally bound to continue to employ someone that’s unwell indefinitely.

I empathise with you, but I do think in reality, it cannot go on. I know if it happened to my business, we wouldn’t survive paying SSP and paying someone else to do the work. Occy health will make a decision about whether your situation is likely to improve and if so, what adjustments need to be made. If the consultant feels it will improve, then it’s likely a timescale will be put on it. If not then the company doesn’t have to keep your employment open.

A settlement may be a reasonable result for you and I imagine they will raise the amount. It might be a good idea to have another meeting with the CEO and take someone with you in support as it can be daunting.

[CagneysMum in reply to HappykindaGal]

As a recently retired HR partner, I think this advice is spot on 👍

[HappykindaGal in reply to CagneysMum]

thank you. Probably not easy to hear though, and I understand that. But it has to be resolved one way or another. And it's no ones fault. Tricky hand we've been dealt sadly

[BoneyC]

gov.uk/dismiss-staff/dismis...

[Chockyuk]

I’m really sorry to hear you’re in this position 😔 it could easily happen to all of us on here, if it hasn’t already.

My experience of OH was ok, but I was only asking for reasonable adjustments to my working hours. But a colleague of mine had been very poorly with MS and they brought OH to assess her, and she was told she was indefinitely unfit for work, she ended up taking early retirement (her pension was enhanced), so she left with what would have been her pension at 67.

But as others have said on here, try ACAS, they are very helpful telling you what your rights are.

Good luck, I really hope goes ok for you. 💕

[virtualreality]

Sorry to hear that you're in this situation, how stressful. Personally I've always found Occupational Health assessments supportive and focused on understanding what the situation actually is, so it's sad to hear it's been presented to you as some sort of threat. Your employer likely wants their assessment of whether you're likely to become well enough to return to work and on what sort of timeframe if so. You probably know better than anyone the answer to that. One thing that might be useful before the situation goes any further is to find out what your organisation's policy is for handling long-term medical leave - there should be a procedure that's followed, but from your message it sounds like this has come from the new CEO without much warning. If the procedure hasn't been followed properly that is something you could raise and it might help you to negotiate whatever outcome you feel would be most beneficial for you. Wishing you the very best of luck.

[Mmrr]

Both OH and HR were very supportive of me during the initial year I was unwell and unsure what my future would hold.

I negotiated early retirement with them and felt they did the best for me they could.

Regular communication is the key.

[Runrig01]

I agree completely with Deeb1764, a year is a long time to be sick, and takes toll on small employers. It seems strange they’ve never involved OH before now.

OH are there as an independent, to assess the likelihood of you potentially recovering enough to resume employment and what adjustments need to be put in place. It’s worth mentioning they can recommend adjustments but it’s up to the employer whether they see them as reasonable. I was seeing OH about my AS as I was struggling, I’d been seeing them on and off for years. They recommended reducing my hours from 27.5 to 22.5, which my immediate ward manager fully supported. However when it came to matrons and senior nurses they refused saying it would set a precedence for other ward sisters. Whilst all this was going on, with union support, I had a severe stroke at 51, so I ended up taking ill health retirement. I found after the stroke I produce no cortisol and the stress had increased my cortisol requirement, however I was only taking 4mg pred, so had a stroke due to an adrenal crisis, triggered by the stress.

It does seem reasonable of your CEO to see if there is any hope of you returning, before deciding on the next action. I wish you well. It sounds as though your CEO is going to follow policy, sadly you should never have been left for a year without your employers input. If you have a union rep I would contact them, my rep was brilliant. Had I not had the stroke, we were preparing to go down the tribunal route. Good luck 🤗

[Oscardoggy]

Hi, I wouldn't be too concerned about having an OH assessment. In fact I would insist and welcome it. They are there to protect you. I was off sick for over 12 months and had 3 assessments during that time. Adjustments were made and my hours reduced but it became increasingly obvious that I was unfit for work. My employer said I would have to resign but I involved my union. I had 3 meetings with HR and it was decided to terminate my employment on ill health grounds (which I agreed with).

I was paid 3 months salary in lieu of notice and all holidays accrued in the 12 months I had been off sick. So insist on a OH assessment and go from there. Good luck.

[Fifi2]

I worked for a large airline which has its own health service within company .

Yes you are protected but not forever they can dismiss .I was told by my manager that I had 18 months ( not sure whether that was within their own guidelines) under equalities act .People that weren’t were terminated after a year …no pay out .

They have to be willing to make adjustments for your return and if not possible to return to your role offer (if available ) an alternative role .

It can be a lengthy process , I had meetings every 3 months .They also contact your doctor for your medical records ( with your permission)

If you realistically can’t return they don’t have to offer a pay out .I would be looking at early retirement if I were you .

[Hidden]

I would have the OT appointment and ask if they think medical retirement is an option. If you have over 2 years service, you have better employment rights. I would look at any pensions you have and research what their criteria and processes are.

I would also use the search engine on here, as this comes up quite often.

[dippyd09]

occupational health is normally there for the benefit of the employees. If they’re being used as a threat there is something very wrong in the company. They can however suggest that you retire due to I’ll health but that would be a very final step, they would have to try to give some assistance in the first instance ie special keyboards/seats/ whatever you can think of that might help you keep working. Failing that I would contact your union if you have one. The CEO is just adding to your stress as I imagine you really don’t want to feel this way. Hope you can get it resolved.

[helenlw7]

I wasn’t in your circumstances, but my new employer sent me to OT. I think she thought it would be to her be if it, but the OT was definitely on my side. I was an infant teacher and said that doing playground duty was scary in case I dot knocked over, and it was very painful teaching PE and swimming because of the standing up and bending over.the OT told my body that I should only do these roles in a dire emergency!