Employment Advice

[peggm01]

Deleted / Sufficient Advice Received

[judgemental24]

Re: Employment Advice

First thing the employer cannot make those decisions as to your work capability only a qualified health care professional such as Occupational health.

It will be down to Occupational health to decide you current work capability with consulatation with your specialist/GP

You need to request the referral to Occupatonal health in writing, that is evidence

You go by what the professionals state as to work capability, not your own company of HR

I must warn you though

Being off for 4 weeks they will be considering redundancy on capability, especially with mental health issues. (How i hate that word)

[peggm01]

Re: Employment Advice

Deleted / Sufficient Advice Received

[judgemental24]

Re: Employment Advice

The issue your employer has is that you have protected characteristic under the Equality Act. This is a whole new ball game for your employer

Flexible working, Temporary transfer to a new position etc will all be reasonable adjustments on the employer

Do you have a trade Union rep?

[peggm01]

Re: Employment Advice

Sadly I'm not in the Union, previous bad experience put me off joining. Maybe I'm just making a mountain out of a mole hill.

[judgemental24]

Re: Employment Advice

As a previous Area Health and Safety Rep for 20 years let me tell you

You are not making a mountain out of a mole hill.

You are enforcing your statutory rights

You need to make a request to your employer, prefered email requesting an immediate referral to Occupational health.

Your employer will be under statutory duty to assess your capability and illness under

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

The reason for the referral is you current and future work cabability as you are covered under the Equality Act 2010 with a disability and to recommend any reasonable adjustmants under the act.

[peggm01]

Re: Employment Advice

Deleted

[judgemental24]

Re: Employment Advice

With view to my recent welfare meeting held on __/__/__, I brought up the fact that maybe a referral to Occupational Health may be of substantial benefit. At the time it was suggested that the employer did not think they would be able to say much with me been under the care of a specialist,.

It is in my opinion only a qualified health care professional can make an objective report as to my current and future work capability. Those health care professionals being my own Specialist/ General Practitioner / Occupational health being able to draw their own balanced conclusions.

I feel it is my duty to draw your attention to Regulation 3 Management of Health and Safety at Work Regulations 1999 and Risk Assessments.

I therefore respectfully request a referral to see Occupation Health and that my reasoning for the referrali is my current and future work capability. That consultation will be with being an employee with protected characteristic under the Equality Act 2010 (Disability)

Occupational Health will be in a better position to recommend any possible reasonable adjustmants under the act to enable my return to my full potential.


I made it a little more diplomatic:tinysmile_twink_t2: