Capability Policy Issue

[Andy G]

Hi all, I'm looking for some advice regarding my own situation at work.

1) I was placed on Capability in October 2014 having returned to work on modified duties in August following a 12 month absence due to ongoing mental health issue caused by my work in the Fire & Rescue Service (PTSD)
2) My line manager and his HR advisor informed me and my union representative at the Capability meeting that they are using the “new” capability policy because of a directive from the Deputy County Fire Officer.
3) The “new” capability policy is officially in dispute at the “National Joint Council for Local Authority Fire & Rescue Services”.
4) At the capability meeting my union rep informs my line manager and his HR advisor that as the policy is in dispute we do not recognise it but they insist that they are using it and using the policy proceed to set two dates for a review of my “progress”. These meetings are 03/02/2015 and 02/04/2015.
5) On January 16th, I attended an appointment with the occupational health doctor where I discovered that he had received an e-mail from my line manager’s HR advisor which contained misinformation about me which she claimed I gave her during a fictitious conversation where I allegedly told her that I felt I was now fit to return to operational duties (which I am not).
6) We attended the first review meeting yesterday where my line manager began quoting from the new capability policy but this bore no relation to what was written in the copy which he had supplied to my union representative at the meeting in October.
7) When questioned about why this was it transpired that my line manager and his HR advisor were now using another newer version of the “new” capability policy which was produced in December 2014 but had not been supplied to my union rep.
8) This new version of the policy was 2 full pages longer than the original and also claims that an employee does not have the right of appeal against a decision to move from one stage of the policy to another as it does not recognise this as an “outcome” of that stage.

My question is then is it legal for an organisation to force a new disputed capability policy onto an employee and to change it as they go along? Also is it legal for an HR advisor to misinform an occupational health doctor about an employee and their case?

Cheers
Andy

[cupidstunt]

Re: Capability Policy Issue

Fire service, sadly makes it's own rules, look at all the pension trouble at the moment and sacking union offical.

Are you actually on the run or light duty and how many years have you done.

they have another policy where you have to be able to be FFD within 6 weeks ( i think) if you are to return LD.

Capability is another back stabbing way out of a due to service retirement, they are very clever and are trying to save all the money they can.

Although saying that, they don't mind how much money they throw at barristers to cover up their mistakes.

Surely you can leave it up to the union, they should find out how you stand and support you and take it to a tribunal if it gets that far.

they are not worried about tribunals.

probably not a lot of help to you, but just trying to show you what you are up against.

for £10 you can request a subject access request to the OHS and obtain all your records, then see what they have written, it also tends to show up some documents the fire authority would rather you didn't see.