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Firstly, apologies for the long post - a bit of a timeline with the facts to hopefully clarify...
March 2022 Cancer diagnosis
May 2022 surgery
2 weeks off immediately following surgery
No back to work etc
June 2022 Concerns with travel/diary raised (significantly more than previously and 20% more than others in team)
June 2022 notification of acquisition of company
July 2022 meeting with new HR specifically to understand diagnosis
Continued to raise concerns ref travel
Beginning October 2022 submitted suggestions ref role/adjustments
End October 2022 concerns/travel making me ill; finally discussed & agreed to work remotely remainder of year (with exception of next visit)
Resubmitted suggestions
Dec 2022/Jan 2023 TUPE issues
Jan 2023 asked again ref submitted suggestions/adjustments
Meeting rearranged (3x?) pushed back until after site visits
Feb 2023 advice sought from BC team re time off
Feb 2023 request to cover at short notice
GP Signed off 1 month with work related stress
Mar 2023 GP Signed off additional month
April 2023(?) Return to work - company suggested phased return and no stopovers but local, if on site absolutely required
Company suggested OH assessment as unaware what RA are and don't understand diagnosis
Same week, site offered requires stopovers
Meeting to discuss as if do not take site 'dont know what to do with you'
Meeting with HR and management to discuss same
Advised not refusing but struggling, still not had meeting ref RA
Offered to put in temp role whilst organise OH and assured will consider RA and/or alternate/adjusted role
June 2023 asked to go to site, as favour to previous MD
June 2023 company suggest access to all medical records from GP and GP assess, rather than OH
July 2023 OH arranged
Company lied to OH stating I had refused to travel and or on site (not once did I refuse or not go)
Performance review not completed not advised would not take place, until chased
July 2023 end of advised 3 month temporary role - no update or communication as to what is happening/been done
No communication throughout the 3 months
Current manager advises of me moving into main support role & team (was a consultancy based support/training role) but doesn't actually know what is happening
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According to them not made RA as dont understand - breach of obligation to make them/not even consider/ignore
Or
Have made them, thereby setting a precedence and proving it does work
----
Where do I stand in respect of equalities Act, specifically ref RA?
and
Regarding the temporary role lack of communication
Or am I being unreasonable?
Thanks!!
RA? risk assessment?
Usual stuff - keep a record of all communications. go off sick if you need to. Wait for them to totally Eff up and then take your lump of cash to walk away.
IIRC cancer diagnosis now comes under the disabilities act but I don't know more details
Sorry RA - Reasonable Adjustments , they are 'obliged to make'
Yes it does come under the disabilities and equalities act
Thanks for the info 👍🏻
RA - reasonable adjustment (I presume)
Apart from anything else - first step is to document and save everything.
Reasonable adjustment is an odd one as ( again IIRC) its not an absolute but within the limitations of the business.
Not an expert, but this is my company's area and I've done a lot of work around OH and RAs.
The crucial questions here are:
- Was the OH assessment completed?
- If so, what (if any) adjustments were recommended?
- Or are you still waiting?
- Have you seen the company policy on this? Have they deviated from it in the events you describe?
It's quite possible your employer has dropped the ball in several ways, but it depends on the detail. The Equality Act 2010 gets bandied around a lot, but is very relevant here. Do you think you meet the criteria for disability within it?
What RAs would you like? If these are being denied, why do you think that is?
– Was the OH assessment completed?
Yes
– If so, what (if any) adjustments were recommended?
Adjusted role without travel/site visits
– Have you seen the company policy on this? Have they deviated from it in the events you describe?
Not sure there is one!
Do you think you meet the criteria for disability within it?
Cancer is classified as such, so yes
What RAs would you like? If these are being denied, why do you think that is?
As OH has recommended - completely remote
Not been denied, not been anything as yet. No Comms from company..
That's where I'm at, at the moment, don't quite know what's what but want to make sure that I know my rights
Bit of a sanity check really
Appreciate everyone's input - thanks all 🙏🏻
Sorry it sounds like you have a truly shit few years.
This sounds really harsh, but it sounds like your company dont want you and dont know how to manage you. That leaves options of just grin and bear, it or leave and then go down some form of dismissal route. IMO trying to get a company to do the right thing never works.
I would be approaching Union/Legal Advice, and looking at what you can do next
Cancer is classified as such, so yes
I'm not a doctor, but from working with some I think it depends how the illness is affecting you.
That's what the OH assessment is for. Do you think the recommendations from OH are unfair / don't go far enough?
BTW, if you think there was inaccurate info given to the OH people, then you could flag that with them. And you might wish to raise a grievance with HR if you really feel someone has deliberately lied to the OH provider.
I'd disagree with the comment above that a company will never do the right thing, but sometimes you need to focus their minds by showing a strong knowledge of the rules and how they've not met them.
I’d disagree with the comment above that a company will never do the right thing
Perhaps interpreted the wrong way. Companies either want to help their employees and will even go out of their way, or try and dodge as much as they can. This company sounds like its less engaged than more engaged, and is that incompetence or deliberate. In either way it doesnt appear to be a great place to be