Question for anyone with expertise in employment law or OH

Hi all

I have a long history of bad blood with my employer's OH dept. Thirteen years in fact.

Service failures and issues include a refusal from them to provide a reasonable adjustment under the equality act (10 years ago) which caused me physical injury. A grievance against them, subsequent attempts to force me to engage which i successfully thwarted with union and staff group support,

Failure to manage my personal info in accordance with policy. Telling me if i couldnt handle bullying i should leave the org. Refusal to compromise when i tried to engage via a third party, ie ignored specific request for no direct contact, the list goes on

The situation now is that fear of engagement or the prospect of engagement makes me physically ill due to lack of confidence and trust, ie the idea of giving away sensitive info to a hostile dept is too much. My last 3 absences were stress related (exacerbating existing disabilities) caused by their behaviour. I have adrenal fatigue so you get the picture.

I have decided i need to get out but was tipped off today that a case conference was held with OH, HR and others and they are writing to me telling me if i dont engage i will be sacked.

Can they do this? I feel it is bullying and constructive injury + constructive dismissal.

If it was any other dept it would not be forced upon me but this lot seem to think they are above the law

The reason this has come up is that i have an RA agreed without OH involvement, nothing contentious and it works fine. Policy does not dictate that OH involvement is a condition of an RA (REAsonable Adjustment).

Our team is moving to another building and my RA says i need to be at current location (for various reasons). This is a way of not honouring the RA, ie after 2 months of the RA being in force they are now saying i must engage with OH as a condition of having it - knowing full well i cannot engage with that godawful dept.

I am applying for other jobs and will leave the first chance i get. However I am self sufficient so have no support from elsewhere. Concerned about being sacked before i find anything as i'm on a fairly good salary in a semi specialist field.

I even cancelled a gastroscopy and colonoscopy as i knew it would count against me. There is no issue with my performance. But my face doesnt fit (non visible minority, middle aged female with disabilities) and they want me out.

What can i do to stall the sacking process, anyone?

My union rep feels i could be out in 3 weeks and they dont seem to want to support me in this, they dont get that it's gone too far and i can never engage with that dept. I dont know if they intend to drag me there having a panic attack and beating the info out of me or what

In addition i was badly let down by the NHS and i find that in general many people , like the nhs, think hashimoto's is nothing (just take a pill). I also have coeliac with ibs and pernicious anaemia, neutropaenia and adrenal fatigue (vv low cortisol). NHS refuses to dose me adequately with B12 so source my own, also refuses to prescribe creon for pancreatic insufficiency and also refuses to prescribe ndt which i source myself.

So you can see the last thing i need is more hostility. I need to protect myself.

Advice would be appreciated.

I'm thinking of taking all my annual leave as a way of stalling things, dont know what else to do

5 Replies

  • You need to get advice from an employment solicitor but im fairly sure if you dont engage with them any hearing can go ahead without you being present this includes if you have a sick certificate.

  • All depends what's meant by engagement. Do be aware that while ill you may make decisions you regret so do get some support, often good law firms will give initial advice free, but watch for the sharks.

    Do you have someone to go to meetings with you? Please take someone.

    Best wishes


  • The meeting has already happened - they did it on a day they knew i'd be on a/l.

    Have spoken top reputable solicitor who says i probably have a claim for constructive dismissal. Engage means disclose sensitive medical info to a hostile department with a history of service failures. Apparently i'm being written to with some sort of ultimatum.

    I have made it absolutely clear the effect of the prospect of engagement with this hostile dept has on my health, therefore if they force me to it is unreasonable and causes me constructive injury. Thi s is standard protocol for dealing with those whose faces do not fit (,minorities, etc)

  • Hi BD, have they sent you Occ therapy, my work sent me and I spoke to occ Dr, but as far as I'm aware the Dr gives work an opinion but does not disclose and medical information.

    It may be a stalling for you just a thought.

    My work however just sacked me rotten lot. No pension nothing I'm still ill 12 yrs later.

    Get as much advice from cab solicitors as you can don't be pushed around you don't deserve it .

  • What is happening to you sounds horrendous. Well done you for standing up to the bullies. One of the worst times in my life was when our small firm amalgamated and I was then bullied by one of their partners as a way of trying to replace me with one of their own staff. I stood up to them but it took its toll on my health and eventually I, along with most of our firm, was made redundant. The bully then started on the only man left from our firm, who reported the same harassment as I'd received. Only then did the head partner realise that what I'd said was true and they sacked the bullying partner ! Hope things turn out well for you Bluedaffodil. x

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