Hi, my name is Aaronscott77! Gone against recommendations on work load

Aaronscott77

I need some advice on a recently diagnosed disability in relation to my work. I recently disclosed a mental health issue to work. I have had 2 occupational health appointments with the same recommendations which was to reduce the workload.They have reduced my workload but now are going to increase it. I feel like I am being pushed around

Aaronscott77

Hello everyone 

Aaronscott77

I have extensively, I haven’t disclosed my disability but I think that will be the next step. HR have suggested dismissal due to incapacity but that is a last resort. 

Sandy_123

Hi @Aaronscott77 are you a member of a union? They can attend meetings with you and help in many ways

Aaronscott77

I’m not. But I might have to consider it. I know legally that I have protection but it might be easier just to leave

janer1967

Hi and welcome to the community 

Put in an official request for reasonable adjustments under the equality act which they then have to acknowledge and give a good business reason why if refused . Back up with the oh reports 

Is there any reason you don't want to disclose your disability as doing so can sometimes help in offering support 

Don't just leave there could be compensation for capability dismissal not all companies offer this as it isn't a legal requirement 

Lots of info on here about reasonable adjustments in the employment section and also on acas website 

Aaronscott77

So in all honesty I never really knew having anxiety and depression was a disability until I looked recently. Thank you for your advice, I am at a loss what reasonable adjustments to suggest to my work?

janer1967

You could ask for reduced workload more time to complete jobs relaxed targets 

It depends what you are struggling with and ask around that and what the oh recommend 

Quiet space etc 

A disability is defined as a physical or mental condition that significantly impacts the ability to carry out day to day activity and is likely to last at least 12 months 

Aaronscott77

Thank you. The sticky area is that OH have suggested reduced workload. But I assume the employer doesn’t have to adhere to the suggestions hence why they are increasing my workload 

janer1967

No they don't have to adhere to it but they should give you a valid business reason why they are unable to accommodate the request 

Which is why I suggest you put the request in writing so they can't brush it off so easily and then you also are starting to document your request and their response in case you need yo take it further 

Read the suggestions i made to give you more info on the subject 

Aaronscott77

Thank you

Hannah_Alumni

Hello @Aaronscott77

Welcome to the community!

I'm so sorry they have gone against the recommendations. I see our amazing community have been able to help I just wanted you to know, I popped your post in our Work and Employment section of the forum, should you have any other questions ort queries. 

rebel11

Aaronscott77 said:

I’m not. But I might have to consider it. I know legally that I have protection but it might be easier just to leave

What you need to do is raise a Grievance informally which I think you have done. If your not happy with the responses. Raise a Grievance in writing, send it to your manager and a copy to HR. They will arrange a meeting with you the manager and HR. See where you go from there. If they want you to leave, they have the option to make you redundant. 

Make sure you make notes for the meeting.
 

janer1967

@rebel11 sorry but they can't just make somebody redundant there is a process for redundancy like business case why the job no longer exists  selection process issuing notice etc 

What they can do is dismiss on grounds of capability or medical dismissal which are completely different process 

rebel11

janer1967 said:

@rebel11 sorry but they can't just make somebody redundant there is a process for redundancy like business case why the job no longer exists  selection process issuing notice etc 

What they can do is dismiss on grounds of capability or medical dismissal which are completely different process 

Redundancy, is probably the wrong word, ill health severance pay / some sort of settlement. 

SueHeath

Hi @Aaronscott77 welcome to the group, i have been on the other side of these sort of things i was a manager in a unit, the type of work was hard etc, as you say your mental health has only just been declared at work, and we don't know the type of work your involved with, Janer has good knowledge of HR procedures and i will support all her advice. 

rebel11

I had a situation where the company wanted to move employees out of our place of work to another site, it was all designed to get at me, huge company, hundreds of sites, high street name, you'd know it instantly. It does say in the employee contract, that the company could do that. We stopped the company doing that, so all things are possible. It kept the Director of Human Resources and his department busy for 12 months. The employees stayed put.

janer1967

Yes redundancy is the wrong word I wasn't getting at you @rebel11 it's just important that advice is accurate as other people read these posts 

Some companies offer compensation similar to redundancy pay for medical dismissal or dismissal on grounds of capability but this isn't a legal requirement.  However redundancy payment is a legal requirement so important they are not confused 

rebel11

That's cool @janer1967, I think people should be treated fairly, find fulfillment in their job, enjoy going to work, have as little stress in their job as possible, be given positive feedback to improve their performance, that way everyone will be 'pulling' in the same direction.  

SueHeath

Wouldn't it be great @rebel11 if a working life was like that for all disabled people, who want to work, depends on the environment, fair play to you with your fight, well done on that one.
Good luck with all @Aaronscott77

Aaronscott77

Thank you all