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Support staff off with wirk

Discussion in 'Workplace dilemmas' started by ulearntoo, Mar 18, 2019.

  1. ulearntoo

    ulearntoo New commenter

    Being bullied by T. Not being supported by my Phase Leader who seemed to join him.Took its toll & made me ill. Doctor could see affect & signed me off for 6 weeks.I contctd school to ask how I cd come back (after 2 weeks) but got referral to OH. Email from Head says I asked for referral. I did not. In addition, the form Head completed does not truly reflect the situation. Head wants me to attend Medical Capability meeting after OH meeting . What is that? I would like to resolve situation. I want to go back and do the job I love. I could even try work with same T & mgr but I am sure they will be trying their best to “trip me up”. Don’t feel have supprt of Head either.
     
  2. Bedlam3

    Bedlam3 Lead commenter

    Take up the OH appointment. They can be very helpful in making recommendations to the head about what is needed for you to return to work.
    Ask head for a copy of the schools absence procedure so you know what should be happening,
     
  3. Piranha

    Piranha Star commenter

    If the doctor signed you off for 6 weeks, I would have thought it only prudent for the school to expect you to see OH. The other meeting could be about any adjustments that need to be made to help you back into work, although it might be more sinister. The OH report will be important whatever the Head's motives. And you might want to involve your union if you are in one.
     
  4. grumpydogwoman

    grumpydogwoman Star commenter

    You have to be seen to cooperate with the process at this stage.

    OH is absolutely the correct next step. You should accept the referral with enthusiasm and be very clear with OH about your needs.

    The school appears to be doing all the right things in connection with your return. Try not to be too pessimistic. Reports about OH interventions are mostly very positive.

    And you are in a union?
     
    ulearntoo likes this.
  5. ulearntoo

    ulearntoo New commenter

    No, it with a union. But I know now EVERYONE shd be. Have felt very alone.

    I am looking forward to OH. I have even been in touch with school (mainly cos don’t understand process ie no one has explained)

    My Head has supported the teacher and does recognise the good work I do. I feel like Head wants me to go. What’s is a Medical Capability meeting? Is there a resolution or should I hand in notice?

    If your Head doesn’t want you there and has shown “ill will” (doctors words), there isn’t really any hope. Is there?
     
  6. Piranha

    Piranha Star commenter

    As far as I know, a Medical Capability meeting would look at whether you are capable of doing your job in the light of your medical conditions and what adjustments may need to be made to make a return possible. That is why the OH meeting is so important. I believe that it would make a difference if your condition were counted as a disability. It is not clear from your posts if this might be the case or, indeed, if you are likely to make a full recovery in the not too distant future.

    If you are right in thinking the Head wants you out, then you still have legal rights. have you been there for at least two years; if not your rights are a lot less. But such situations often result in an agreed parting of the ways via a Settlement Agreement, probably with some cash changing hands and an agreed reference.

    None of us on this forum, least of all me, are able to give you expert advice. Perhaps contact CAB? Or do you have legal cover on home insurance.
     
    grumpydogwoman likes this.
  7. grumpydogwoman

    grumpydogwoman Star commenter

    https://www.peninsulagrouplimited.com/blog/medical-capability-procedure-need-a-hand/

    From what I can make out? Just by reading around - and we can all do that. Doesn't make me an expert....

    Medical Capability is often a precursor to dismissal. The employer has to establish if you are medically capable. They suspect you are not. So that's where you stand. Your absence record (and perhaps performance in the workplace) makes them think you can't do the job. If you think you can and will perform the role then it should work out OK.

    • Welfare Meeting – such is good practice to check on the employee’s wellbeing and take an initial view on their potential return – sometimes such meetings are conducted in the employee’s home.
    • Formal Medical Capability Hearing – this involves a detailed review of the employee’s medical report. An assessment needs to be made whether there is any likelihood that the employee is going to be able to return to work within a ‘reasonable’ timeframe and/or sustain an acceptable attendance level.
    • Something to consider is the impact of the employee’s absence on your business and also the reason why you need to turn towards a finding a permanent replacement.
    • Return To Work Interviews – if the employee is able to return, this also needs to be dealt with very carefully. Can they perform all of their duties? Are there any ‘reasonable adjustments’ that need to be considered or made for them? Should they come back on a phased return, reduced hours or on lighter duties? If the employee can return to work, but not to their previous role is there any suitable alternative position within the business?
    • The questions over what is “reasonable or suitable” can vary wildly from business to business (and has been the subject of debate for many years), however it is vitally important that such factors are considered, otherwise the employee is likely to be successful within a subsequent Employment Tribunal claim.
     
    ulearntoo and annascience2012 like this.
  8. Piranha

    Piranha Star commenter

    That was the link I looked at, @grumpydogwoman. There may be a slant to their advice, as I think they are trying to flog their services to employers. That worries me a bit, as if schools were to start employing experts in this field, they might get better at getting rid of staff they don't want without repercussions.
     
    ulearntoo likes this.
  9. grumpydogwoman

    grumpydogwoman Star commenter

    You're right @Piranha

    But even those legal barracudas (sorry) understand that there is a very good chance that the employee will end up remaining and having adjustments made for them.

    If I felt I were still able to do the job I'd have no fear of the medics. If they were to try to misrepresent my condition then I'd get my GP to counter that.
     
    Piranha and ulearntoo like this.

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