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Uncertain times with job role

(10 Posts)
Grandad1943 Sat 23-May-20 07:12:03

I hope I have been of some assistance to you Flakesdayout, and that all goes well for you with your employment problems into the future.

All the Best.

Flakesdayout Fri 22-May-20 21:27:41

Thank you Grandad, I do think that my Company may be heading towards the 'unable to fulfil my job role'. I am hopeful that within the next six months my condition will continue to improve and I can come off the immuno suppressants I am on and get back to normal. My illness, which very rare has been a real life changer and I am not sure that my job role, the client base and the stress that comes with it is something I want to go back to, especially long term, and also to work alongside a Team Manager who has not been very nice. I am a member of the Union so will seek advice from them. Thank you again

oldgimmer1 Thu 21-May-20 16:22:26

I suppose your response very much depends on how much you want to remain in the organisation. Do you really feel well enough to continue to work?

I'm afraid I agree with Grandad on this; in encouraging you to take more sick leave it looks as though your company may be preparing the ground for getting rid of you on capability grounds.

Grandad1943 Thu 21-May-20 14:19:02

Flakesdayout, in regard to your employment issues, I feel that your employer may be moving towards requesting that you attend what is known as an Employment Role Compatability Review. Should the foregoing occur then all aspects of your described health condition will be examined in an investigation as to whether you retain the ability to carry out your prescribed working duties within the Company?

The above process may be carried out by a consultancy company who will act as advisors to your employer in regard to the matter, and you would be without doubt in such circumstances requested to allow those undertaking the review to seek from your GP a written report on your condition.

Should the review conclude that continuing your employment with the company would entail you in regular or a long period of absenteeism then it may be determined that you are no longer fit, due to your health condition, to continue your contracted working duties with the company?

At you state in your opening post Flakesdayout that you have been employed by the company for a considerable number of years, your employer would be obliged under legislation to seek an alternative job role within the company compatible with your health condition. However, should no position be available then your employer would be entitled also under legislation to terminate your employment with the company on health grounds?

Your employer would be under no obligation to pay redundancy in the above situation as the job role you undertake for the company Flakesdayout is still available, but sadly you would be no longer able to fulfil that role.

It may be possible for you to apply for a formal grievance hearing in regard to yourself not being allowed to work from home,but that I feel should be held in abeyance until it becomes clear what action (if any) your employer initiates against you. Should your employer begin any action, such as the above against you, then immediately initiate the application for a formal grievance hearing in regard to working from home, as such hearings are always undertaken in front of any other procedure the company may be taking or planning in regard to yourself.

Apologies Flakesdayout if the above sounds complex and somewhat formal, but the situation you find yourself in indeed that. If you are a member of a trade union I would very strongly advise you contact then with your situation for they would be able under legislation to accompany you to any hearings you may have to attend as your representative.

It would seem Flakeout that many such employment situations such as you have described are taking place as employees are being brought back from furlough. We have a number that have appeared on our companies books for attention in the last ten days.

Hope the above helps Flakesdayout.

Flakesdayout Thu 21-May-20 10:15:29

Thank you for your replies. Esspee. I have been signed off work on long term sick due to my current medical condition and considered high risk. I have been offered to work from home by one senior manager whilst the lockdown is in place and I can choose my hours and use my accrued annual leave to make up a full week. This would be a slow return. My sick note expires today but I have the government shielding letter. My team manager has now said completely different and much as I had planned a phased return, being told that I would have to go off sick again as it was not fair to other staff members if I work at home when they have to work in office has really thrown me. My TM never has been very understanding and certainly not empathetic. He considers I am just tired, not that I have been quite seriously ill.

Daisymae Wed 20-May-20 17:24:56

Contact Access to Work. They should be able to offer you practical advice.

Esspee Wed 20-May-20 17:20:27

Is there any reason why you cannot be working from home at the moment if colleagues are doing so?

oldgimmer1 Wed 20-May-20 16:31:13

I see what you mean, flakes. It could be that your company is using the current situation to justify redundancies. Hope you're not going to be the collateral damage.

If you are in a Union speak to your Rep - if not in a union speak to ACAS (you'll be waiting a while to get through to them at the moment, but probably worth the wait.).

It may be worth getting an update on your situation in writing from your employer so if you need to take the matter further you have something tangible to work on.

Or it may be worthwhile taking a look at the Law Society website for employment lawyers in your area who may be offering telephone advice).

GagaJo Wed 20-May-20 13:54:49

My GP has given me a well note that says: Due to the current pandemic and Gaga's asthma, she has been advised to shield for her own health safety. Therefore returning to work at this time would not be appropriate. She is fit to teach but needs to continue to shield.

My problem is that to get to MY job I need to get to London (300 miles), fly, travel another 100 miles at the other end.

Everyone in my workplace has tested negative but GETTING there is the issue.

Flakesdayout Wed 20-May-20 13:42:30

I am currently Shielded, do have a job and am signed off sick at the moment. My colleagues are working at home for the time being and it was suggested I may like to go back to a phased return to work. This means I would get my pay back in place and keep my brain active . I had a conversation with my manager yesterday who suggested I go back to work but as I cannot access the community will probably have to go off sick again when the office is opened in August. I explained that due to my high risk status I cannot go out, so he suggested that from a 'business' point of view my job role may have to be looked at. My problem is, apart from being quite hurt and shocked by this latest development that if I show I am fit for work how will I go off sick again? I feel they are pushing me towards leaving or implying that I may be dismissed. I have been in my job for 12 years, never had any sickness as such until this last year. What are your thoughts on this.