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Work Capability *MEETING 2MO* (I'll make a small donation if I get advice 2day)

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  • Work Capability *MEETING 2MO* (I'll make a small donation if I get advice 2day)

    So I had/have, a long standing grievance against a manager at work, which took over 2 years to conclude. I am now trying to investigate this myself by obtaining my data, but they seem to be reluctant to give me certain crucial evidence that will prove the grievance process was corrupt & unfair, as I believe this will incriminate people, so they are trying to protect themselves. This grievance led to me having 2 long periods of absence due to work related stress, starting Oct 2016. And unhappy, I did stick in a number of genuine personal injury claims when I went off.

    Prior to this, (Oct 2016) I was on my job as normal, I was a fully functioning employee, with no restrictions. I never left my role due to physical restrictions, it was taken off me after being off with stress for over 3 months. For explantion purposes, I will say I worked in HALL 1 (containing a potential 3000 jobs)

    Work related stress Absence #1 - OCT 2016 - AUGUST 2017 - During this period I am diagnosed with Bilateral Shoulder Impingement, and commence physio Nov 2016 - Nov 2017. Along with Patella Femoral Syndrome (right knee).

    I return on the promise they will move me to another HALL, maybe 2 or 3, approx 3k jobs, and at a time they were actively moving people from HALL 1, to HALL 2. I also logged my newly diagnosed injuries with OH, who set up a load of restrictions. I am now inside the Restricted Workers Process, and now under the care of 2 union blokes who 'find jobs', and ask you to trial them out.

    AUG 2017 - DEC 2017 - Placed on a temporary containment role.

    JAN 2018 - MARCH 2018 - Now I am shown potential roles, in HALL 1. I make it clear I am not happy to be in HALL 1, and was promised I'd be kept away from this manager & his friends while the grievance is ongoing so as not to cause me anxiety, or cause a potential flashpoint, as the manger had cost my family a holiday, and I felt very strongly about it. I wanted to avoid confrontation. I also see OH in this period, and raise my concerns about HALL 1.

    I am shown around 11 jobs, and I refuse them all, making various excuses about my injuries, or by using on their own Ergonomic Risk Assessments for each job against them, which all state I'd be too tall. They were generic, and not tailored to each job, and did not make sense, but I sued that as a get out. I just need to exhaust the job search in HALL 1 (as the union man said I needed too), so I could search HALL 2 & 3, where I'd be open to anything, as the pressure cooker of HALL 1, and the anxiety it was causing me, would be gone.

    FEB 2018 - I write a request to move out of HALL 1. I hand it to the 2 union men to give to their boss. They ignore it, but it later turns up in my SAR request. (FEB 2019)

    - I am also sent for assessment for ADULT ADHD by my GP, and I enter the local NHS Mental Health Trust. I inform my employer & OH Dept.

    MARCH 2019 - I am booming frustrated, and the stress & anxiety is too great. I am signed off by my GP again.

    APRIL - MAY 2018 - As a result of a JAN 2019 SAR. I now know my employer sent out their police investigator to spy on me, and take photos of a vehicle they believe I used for a weekend job. They had an old address, and photographed the wrong vehicle. (My grievance had been ongoing at this point and was near 2 years old, yet they seem more interested in catching me working elsewhere). I have internal emails where HR, the investigator, and management, were all colluding to get me into absence reviews, so they could follow me, and see what vehicle I was driving. I am off with work related stress, have anxiety, and I am under the care of the local NHS metal health trust for potential Adult ADHD while they do this.

    They seem to be trying to work out in internal emails whether it is the ADHD that is keeping me off, or the work related stress. I state work issues, but they seem to discuss otherwise. I know as illness is person related, and not job related, so a work related stress issue would not necessarily affect secondary employment legally.


    MAY - SEPT 2018 - I attend regal absence reviews, & OH appointments. OH recommend HR conclude the get the grievance heard, as it is a barrier to me returning, and recommend I am kept away, or moved out of HALL 1. OH have recommend this to HR since NOV 2016.


    SEPT 2018 - Officially diagnosed with Adult ADHD. High markers on hyperactivity & inattentiveness.

    SEPT - NOV 2018 - I trial 3 different medications. NOV I settle on one.

    NOV - Grievance concluded. Absolute kangaroo court. I set out to investigate myself. Also officially diagnosed (psychiatrist) with Anxiety, and medicated. I say am ready to return, but their attitude seems to have shifted from trying to get me back in, to not being in much of a rush.

    They send out plant searches for potential roles for me IN HALLS 2 & 3, and invite me to a CAPABILITY FEEDBACK MEETING. Just prior to the meeting, I email HR, and state I believe my undiagnosed anxiety prevented me from adapting to jobs in HALL 1 during JAN - MARCH 2018, and this was a factor in me refusing so many jobs I believe. I tell them I know many are retiring, and many jobs will be coming up.

    I attend feedback meeting, and the result is NO JOBS WITHIN MY RESTRICTIONS. We employ 10k on this site, many agency. I complain the restrictions are very very restrictive. I am book an appointment with work DR, to review restrictions. My own GP only recommends that I do not do a job where I may kneel down often.

    Works DR recommends:

    Due to shoulder impingement, I do not work overhead repetitively. I state I will try anything, and that my shoulders feel fine, and they do recover with time.

    I do not kneel.

    I do not work with intense light due to Keratacounis in my left eye. I refused a job where I was in a light tunnel, checking for specs of dust on paint, which I struggled with due to the very slight lefty impairment. I drive a car, and I box. My vision is fine, only that job would genuinely be a problem, and that job only, I state this very clearly.

    I tell the DR I will return to any HALL, try any job, and ASAP. He assess me physical. He's happy I'm fit to return on Jan 2nd 2019. Sick note ran out DEC 2018. GP declares me fit for work.

    DEC 2019 - Company offers Voluntary Redundancy Program. Approx 500-1000 potential roles I could fill, as the jobs were not being made redundant, just removing older workers.

    I am told to wait at home until they find a me role.

    JAN 2019 - I place in a SAR

    FEB 2019 - SAR received. Contained are internal HR emails where they instruct to keep me away until they 'find a role'.

    - I email my concerns, and state I know for a fact hundreds retired on jan 29th, and I was concerned that I was not being give the opportunity to be considered for these roles seeing as through I am so far into the Capability Process, and I personally know people who have retired, who's job I could have done. I am invited in to a meeting to discuss some roles.

    FEB 2019 - Attend meeting, I'm told about some roles, I am happy, I agree to return on a Monday to trial these roles, but HR would just need to check with the union man in HALL 2 who deals with these jobs, (He's also the brother of the union man in HALL 1 who's does the same job btw..!!) to inform him I'm coming. I am phoned on Friday, she usually emails me, she does NOT leave a message or email. I call back later on. HR tell me that there has been some confusion, and that workers are already trialing those jobs so they are now unavliable, and I am not to come in.


    MARCH 2019 - I've had many issues with my SAR which I am complaining about. Not proving data for another issue.

    APRIL 2019 - I am not paid for 2 weeks. I enquire, PAYROLL want sick notes. I am not sick? I cannot provide them. I contact HR, ask them why am I being kept off and put at a disadvantage in finding a new role, as I know roles are being filled, and people moved into jobs that I can do. I also tell them (after a thread on here) that they should be paying me my full rate, and not sick pay. They put me on Special Medical Leave, stating it's the only way payroll can amend my pay on the system, I agree, obviously to get paid.


    APRIL 11th 2019 (Tommorow) - Invited to Plant Governance Feedback Meeting. I email to ask if this is to discuss roles. She does not reply. They are going to say NO JOBS, and recommend me for EMPLOYMENT REVIEW.


    I do not trust the onsite head union, as it was his that caused the grievance to drag on so long, and made a subtle threat to me, which I complained about in an email to him later on. I contacted union regional, and told him my concerns with being pushed through the process, because I've not 'just shut up and took the unfair treatment', and that I believe this is all linked.



    ANY ADVICE APPRECIATED ASAP










    Tags: None

  • #2
    Hi

    Are you moving towards constructive dismissal?

    Ula Amethyst
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      charitynjw

      Do you think I that’s what it appears to be? I think it’s all linked, they will argue otherwise. It’s proving it I guess.

      Comment


      • #4
        I have this meeting at midday. Anybody spot anything?

        Comment


        • #5
          Sorry I think Ula is away today ... and I'm afraid I don't know enough to be able to help xxx All you can do is go along to the meeting and see what it is about, be clear that you are wanting and able to work if that is the position but don't make any decisions on the spot...make notes and assess things afterwards.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Yep, I agree with Amethyst

            Do not make any snap decisions, take a careful note of all that is said, & follow it up later via email or post with a 'This is what I understand from our recent meeting....'
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              I had my meeting. No jobs were found in the search of HALL 1, 2 ,3 within my restrictions. They've booked me an appointment with their Dr to review my restrictions. Basically, I tell the Dr the restrictions are no longer a problem, or it's off to Employment Review for dismissal on capability grounds. As an example.

              I asked how is it fair that I am not given priority when it comes to jobs in HALL 2, seeing as though I am at the most serious stage. The reply was, well, HALL 2 people get priority for HALL 2 jobs, even if they are much further basic in the restricted worker process.

              Comment


              • #8
                Basically, I tell the Dr the restrictions are no longer a problem, or it's off to Employment Review for dismissal on capability grounds
                Just to clarify.....they are telling you that?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Well, I dispute that my shoulder tendinitis restricts me from lifting my arms above head height, restricting the potential jobs. If my restrictions remain the same, then it’s employment review. So in a round about way yes.

                  Comment


                  • #10
                    If it were me I'd put my argument to them in writing.
                    Always a good idea to have a paper trail.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment

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