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Is it typical for employer to make OH appointment & not ask how I'm coping? Waiting for adjustments

Bailey35
Bailey35 Member Posts: 11 Listener
edited November 20 in Work and employment
hiya,

I asked work for adjustments.  they have arranged occ health appointment in a month.    So I have self-certified for a week and spoke to GP to say fit to work if xyz in place.
  Asked for paid leave for these adjustments-told I need to be assessed for any adjustment.  Reminded them- nothing in the Equality Act says I do.

My employer has not once asked how I coping having told them of my declared issues.  An attitude of made appointment- crack on.  Hence I thought SSP why struggle

This typical?

Comments

  • janer1967
    janer1967 Member Posts: 12,821 Disability Gamechanger
    Hi and welcome to the community 

    It is normal for your employer to refer you to oh when looking for reasonable adjustments 

    The oh are the best way to assess your needs and recommend any adjustments 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Bailey35
    Bailey35 Member Posts: 11 Listener
    I don't think work are happy I have signed off work and my GP will no doubt say I am fit if xyz in place so we are talking Jan before I return.
      Trying not to worry about the manager.  
    But I will be asking for full pay from OH until things in place- discrimination arising from disability my thoughts.     
    thanks for replying.
  • mikehughescq
    mikehughescq Member Posts: 7,797 Disability Gamechanger
    Part of this really turns on whether you can get by without the RAs until they’re put in place. If you absolutely cannot work, or work puts you at risk of a serious deterioration in your health, then it’s absolutely legitimate to not be in work. Indeed many employers have disability leave for exactly that purpose. 

    Important to remember that OH arguably have zero role in RAs. As you say there is no such requirement in EA 10. They either refuse them because they’re in the pockets of management or say yes to anything you say. It’s exceptionally rare for OH to do any kind of meaningful assessment. Employers tend to refer because you ask or because they don’t know what else to do. They could of course just say “yes” to your RA and set a shortish review period to see if stuff works but that never occurs to most employers. 

    At this point there’s no need to worry about the attitude of the employer. Trying to compel you back to work will likely not work well for them at this point. I also wouldn’t overthink them not asking you how you’re coping. Any conversation you have now would need to be fed into OH to inform your meeting and the note informal conversations you have the more complex that gets.
  • Bailey35
    Bailey35 Member Posts: 11 Listener
    My GP is giving me letters from consultant to scan and upload for OCC health.
    My work knows I have a mental illness Inc stress.   
    I am off due to chronic pain and anxiety.  Using annual leave to cover four shifts to avoid anxiety provoking event.
    Asked for chair and adjustable desk.   I am in agony sitting nearly 12 hours.  
    My work hasn't asked am I ok until seen by Dr etc.   Just said no paid leave as need assessment.
    So thought no choice SSP hope I can claw wages . Discrimination arising from disability.

    Feel terrible finally asking for help with my pain and anxiety


  • mikehughescq
    mikehughescq Member Posts: 7,797 Disability Gamechanger
    Not necessarily discrimination.

    GP letters etc. will be of little use here. RAs are about practical solutions. The employer has an anticipatory duty but the bigger role can be played by yourself in listing each of the RAs you need and how it will work in practise for you.
  • Bailey35
    Bailey35 Member Posts: 11 Listener
    edited November 20
    It appears they are not interested until Occ health.      The manager said can't do anything until occ health is assessed. The solicitor I spoke to said- no.   Clearly doesn't understand the EQA 2010.

    Solicitor did say be unable to return until things are in place could open the door to ask for paid taking into account SSP.    I had a look at my employer on the tribunal decisions.     Vast majority applicants thas pulled.    Had a look further.    Appears if the employer settles on the day the tribunal records this so to enforce it .   
    I assume therefore my company like to keep these matters going that far.    But my manager nad his are not the most helpful.  Indeed line manager remarked last year on a admin staff with adaptation to her desk.   Unknown I suffer from chronic pain.  

    i have briefly told them my issues but medical advice is the details of why I have anxiety or how I got injuries I have to remember due to the nature I don't want to risk the office knowing.   My line manager told staff why I was off before which Gp etc refused to disclose inc sick lines to this person.    There is a issue explaining stuff as very sensitive and still ongoing legally.
  • mikehughescq
    mikehughescq Member Posts: 7,797 Disability Gamechanger
    Nothing to be gained from trying to force the issue. If they want to rely on OH then let them be daft enough to do so.
  • Bailey35
    Bailey35 Member Posts: 11 Listener
    Yeah parked on SSP for at least a month. With xmas- could be talking Jan for things to be in place.     but I am taking the 3-month deadline to raise failing to make adjustment for paid leave from when the manager said no adjustments until I see occ health.  But I am asking occ health Dr on this and will ask again then start ACAS.  Nothing ventured as they say.
      Just their attitude stinks.   

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