Is the company obligated to follow Occupational Health Doc's recommendation ?

[skt1977]

Hi,

I am a female and I suffer from health problems and it has been particularly worse during the past few years and I had to take a few sick breaks. On return, I was asked to see the Occupational health doc which I did. The doc recommended the company should make adjustments in the working conditions in that I should be allowed to work mix home and office based work.(i.e. Work from home should be allowed). The nature of my job is desk based and it is not likely to impact the work, if I work from home occasionally esp when I am in discomfort and travel to office can only make my condition worse.

It seems no-one either bothered about the recommendation or I am being targeted. I was asked not to work at all and must report in SICK, if I can't physically come in to the office, else report in to the office. I pleaded that I should be allowed to work from home and also alluded to the Occupational health doc report but to no avail. I was told that all this is being done to help me through this bad phase of mine and they did not want me to work if I was not well. It was made to look like the company was being extra friendly with me. Someone was nominated to maintain my sick absences in the system.

Recently, I was told, all these are being counted and the company can't give any more than 20 days sick leave.

I looked in to the leave system and realized, even my doctor's appointments started being recorded as Sick absences. Things that would typically get compensated by covering the hours later.

Instead of following the Occupational health recommendations, I strongly feel I am being discriminated against.

I have been working with this company for almost 7 years.

What is my position on this ? What can I do ? Also, how do I go about communicating with the company on this matter.

Please advise.

-Sat

[stowsettler]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

I hope this is right, but this is only my take on it and I'm not a professional:-

They have asked you to see OH but have not taken their advice? If your employers feel (and can properly demonstrate) that your job cannot be done by making the reasonable adjustments suggested, they are within their rights to do that. This would often be the start of a legitimate dismissal on the grounds of capability. If your job CAN be done if the suggested reasonable adjustments are made, then they are on shaky ground.

WRT your doctors appointments - what happens with other people? If you're being treated differently then it suggests that you are being discriminated against. Also, if you agree with your line manager that you will make up the time later then of course they shouldn't be counted as sick - but if I were you I'd ask for your manager's agreement in writing on each and every occasion from now on.

Do you have a recognised disability? If so you may have other protection under the Equality Act - although your company will still be entitled to dismiss you on capability grounds if you genuinely can't complete your duties.

If I were you I'd email your HR department asking for their position with regards to the OH report's recommendations. I'd keep the doctor's appointment think between you and your line manager for now.

[skt1977]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

Apparently, there have been some changes a few years back and the new manager is not interested in catering to my health problems. The Occupational health doc confirmed both the things - My condition is a disability and also Equality act is likely to apply.

If your job CAN be done if the suggested reasonable adjustments are made, then they are on shaky ground.

How can one prove that ? I have desk based job on computer and the same company has been giving me flexibility to occasionally work from home for the last many years. Recently, there has been a new drive that everybody must report physically in office, and I am being shown no mercy. I am the only one in the whole office in such bad physical situation.

WRT your doctors appointments - what happens with other people? If you're being treated differently then it suggests that you are being discriminated against. Also, if you agree with your line manager that you will make up the time later then of course they shouldn't be counted as sick - but if I were you I'd ask for your manager's agreement in writing on each and every occasion from now on.

I do not know what happens with others but I believe no one would record a sick day / half day for a doctor's visit but rather get away with understanding with the line manager / compensating with hours later.

Do you have a recognised disability? If so you may have other protection under the Equality Act - although your company will still be entitled to dismiss you on capability grounds if you genuinely can't complete your duties.

I am being forced to work only during the hours and only physically in office, and if due to my I condition I can't reach the office, 1 whole sick day is getting registered against my name.

If I were you I'd email your HR department asking for their position with regards to the OH report's recommendations. I'd keep the doctor's appointment think between you and your line manager for now.

The HR and the Line manager are hand in glove on this. The manager is simply completely apathetic to feminine problems and the HR is communicating during face to face meetings and has not not given anything in writing. The net result is just the Sickness meter ticking.

[bigbigproblems]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

http://www.prospect.org.uk/news/stor...-ignored-01333

I've no experience of this situation - but that seems to suggest they may be on shakey ground.

If your illness is defined as a disability then they are certainly not making life easy for themselves.

[ironman]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

If you are covered under the Equality Act as to a disability. Sick absense is normally discounted from the absence procedure if linked to your disability. Though they can record the absence, but no further action taken.

Have they given a reason as to why the Occupational health report as to reasonable adjustmants has not been followed.

Have you raised a Grievance as to this policy by the Business and your welfare

http://www.legislation.gov.uk/uksi/1...ulation/3/made

[skt1977]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

If you are covered under the Equality Act as to a disability.

Is there a list of registered disabilities or it is down to the interpretation of the legislation ?

[bigbigproblems]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

Is there a list of registered disabilities or it is down to the interpretation of the legislation ?

https://www.gov.uk/definition-of-dis...ality-act-2010

If I were you I'd ask you Doctor, or any consultant you are under. If you are under a consultant I think you would usually be covered.

[Harmonica]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

To answer your question, no, your employer does not have to follow any recommendations made by occupational health. However, if they do disregard medical advice and you can prove that as a consequence your condition deteriorated then they are potentially in trouble.

Is there a list of registered disabilities or it is down to the interpretation of the legislation ?

There is no list. You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. 'Substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed. 'Long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection. If your condition falls into these categories then you are disabled.

[ironman]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

If you have been referred to Occupational health, it will be them to CONSIDER in their opinion as to if your condition falls under the Equality Act.

Only an Employment Tribunal can make the ultimate decision as to if you fall under the ACT

[stowsettler]

Re: Is the company obligated to follow Occupational Health Doc's recommendation ?

All great advice above. Your next move I think would be to establish (with advice from your own GP and from OH) as to whether you have a disability as defined by the Equality Act (it rather sounds as if you think that you do). Then, if this is confirmed, you need to raise a grievance with your employers. I would be asking for a copy of that policy now.