Health Assessment

LegacyUser

I work in the Republic of Ireland for an American company.

Recently, I was called before management for disciplinary action due to insubordination and also absenteeism / being late for work.

I've been suffering from severe depression for almost a year now as a result of stressful conditions at work and yes, I've taken a lot of time off as a result, some of which was accounted for by certificates from my GP.

Stressful conditions would include some cases of bullying, which I have only anecdotal evidence of and therefore cannot be investigated.

Long hours without overtime or time in lieu which is part of my contract...but still, it has compounded my health problems.

I requested some time out from the company to rest earlier in the year which I've offered to take unpaid but the management refused and now want me to take an Occupational Health Assessment in Northern Ireland.

They stated that If the report from this assessment recommends a reduction in hours or time out, it would be granted.

They also said that if this wasn't acceptable to me, I could resign.

I genuinely am stressed because of work and I feel the company would prefer to see me resign rather than help me get through the depression or offer some kind of redundancy.

I've never had to take an OHA before and I'm concerned about how this will affect my future within the company, it really appears to me that the company would prefer to see me resign first or potentially dismiss me based on the results of OHA rather than help.

Any opinions or advice on this?
Is it standard routine for companies to request OHA before granting temporary reduction in hours or time off when you're not in top condition to work?

What are my legal rights on this?

If I refuse to take the OHA, where does that leave me?

Eoin

This sounds fairly routine. Depression is treated as a disability, which means that they must make reasonable efforts to accommodate you. Reduced working hours is a good example of that. If you don't want to do the assessment, then that could mean that further disciplinary proceedings might not take the condition into account.

Clauric

A number of things OP

Firstly, I would go to the OHA. If nothing else, it allows you to explain your condition to a health expert (hopefully). Make sure to bring long a letter from your GP, with your sympotms, treatments, etc - not your full medical history.

Secondly, when you go, stick to the facts. Don't exagerate, or make medical suggestions. Just state what is going on with you. Also, ensure that the OHA assessment being undetaken is in line with the requirements of the Health and Safety at Work Act, and the HSA guidelines. These are on the HSA website.

If you go, at your employers request, ensure that they pay for everything. They probably will, but it should include travel (take the train if possible, if not, then the bus), a taxi from the station, food (if you are up for the day, then include a hot/main meal, as well as tea/coffee), and a hotel room if you have to be in the north early in the morning or evening. Get this agreed in writting before you go.

Mrs OBumble

It sounds to me like the company is bending over backwards to assist you - including sending you to an assessment in the North where the system is likely to be better geared towards providing quality care.

You are NOT eligible for redundancy, because your position is not redundant.

If the assessment finds that you are not able to do the job and not likely to be able to be rehabilitated into it, then it would be a medical retirement situation. You would likely not get a payout for this - it depends on your contract though.

More likely the assessment will recommend what support you need to be rehabilitated into being a productive worker - this is most likely what the company would prefer, because it's the least risk option for them, and doesn't waste the time and money they've already spent supporting you.

The Big Red Button

_johnson_ wrote: »

I genuinely am stressed because of work and I feel the company would prefer to see me resign rather than help me get through the depression or offer some kind of redundancy.

The bit that's bolded above.

Your managers are (presumably) not medical experts. Chances are, they're passing no judgement on your condition. Because they don't have the qualifications or experience to do so! That's why they are outsourcing this, to experts in the area.

You must understand that they have to have some sort of process in place relating to this, whether you need time off work because you're suffering from depression or cancer or a broken bone or absolutely any other sort of physical/mental illness or injury. Otherwise anyone could decide to take time off work at any time of their choosing.

Whether your time off is unpaid or paid, the work still has to be done, and it's still going to cost them to replace you for the time off. Which is part of the reason why these processes are in place within the company. They're not singling you out here - if you want unpaid time out, you'll need to go through the appropriate procedures within the company. I don't see it as a personal thing towards you.

_johnson_ wrote: »

I've never had to take an OHA before and I'm concerned about how this will affect my future within the company, it really appears to me that the company would prefer to see me resign first or potentially dismiss me based on the results of OHA rather than help.

I've had to take one, and it was fine. The doctor was very thorough, the appointment lasted two hours, all talking rather than physical examination. (My illness was physical rather than mental, but that's not really relevant.) The doctor was very independent, I never felt that she was "siding" with either me or with the company at any time.

_johnson_ wrote: »

Any opinions or advice on this?
Is it standard routine for companies to request OHA before granting temporary reduction in hours or time off when you're not in top condition to work?

What are my legal rights on this?

If I refuse to take the OHA, where does that leave me?

Why on earth would you refuse to do it?

I really can't understand this. You're the one who's requesting time off - you should be bending over backwards to accommodate them, it's them doing you a favour, not the other way round!

You can't just decide that you're "not in top condition to work" - it's completely natural that they're going to need independent evidence of this. How else will they know?!

As I already said, they're still going to need to find someone to do the work that you normally do. So it's going to cost them, whether you're paid for the time or not.

tony81

Op, it's actually possible that you're not in a job that's suitable for you.

Just stating a fact.. i know it's not particularly helpful but it's something you need to think about!

One way to reduce stress is to make good use of your annual leave. Don't attempt to hoard it - use it to relax.

Chances are you have at least 4 weeks so try to take 2 weeks off in summer, one week at another time, and 5x single days (maybe for long weekends, or even a few half days).

Also use sick leave when you need to. 3-4 days a year shouldn't raise any flags depending on the culture in your company.. just beware of patterns (e.g. you're only sick on Monday or Friday)

LegacyUser

It sounds to me like the company is bending over backwards to assist you - including sending you to an assessment in the North where the system is likely to be better geared towards providing quality care.

What would you say is the most appropriate action for the employer?

Mrs OBumble

_johnson_ wrote: »

What would you say is the most appropriate action for the employer?

To get an assessment done! As someone said, they're not specialists, they need the advice from the assessment in order to make decisions about what do to.

LegacyUser

justmary wrote:

It sounds to me like the company is bending over backwards to assist you...

_johnson_ wrote:

What would you say is the most appropriate action for the employer?

justmary wrote:

To get an assessment done! As someone said, they're not specialists, they need the advice from the assessment in order to make decisions about what do to.

I take it you're one of these people that doesn't take mental health seriously if you think the company are "bending over backwards to assist" me.

I'd love to know else you think they should be doing.

Eoin

What do you think they should be doing? That's a genuine question.

You've disciplinary issues that are down to depression. They're sending you to see a professional so they know what they need to do to accommodate you.

Is it standard routine for companies to request OHA before granting temporary reduction in hours or time off when you're not in top condition to work?

It's actually good practice, not just standard routine. Some companies could risk just using your disciplinary record against you and let you go, without going through this process.

They stated that If the report from this assessment recommends a reduction in hours or time out, it would be granted.

That really doesn't sound that unreasonable to me, unless I'm missing something.

Are you actually looking for advice on how to prove the bullying accusations?

LegacyUser

Eoin wrote: »

What do you think they should be doing? That's a genuine question.

You've disciplinary issues that are down to depression. They're sending you to see a professional so they know what they need to do to accommodate you.

No, I expect them to request a Health Assessment because it's simply the law for large companies, not "bending over backwards" for me.

I was just wondering if the results can used as grounds for dismissal and I've read they can depending on the circumstances which I won't go into here.

It's actually good practice, not just standard routine. Some companies could risk just using your disciplinary record against you and let you go, without going through this process.

Yes, I agree and therefore don't see the company "bending over backwards" for me...it's to be expected if the company are genuinely concerned about their staff.

Because depression is recognised as a disability, they cannot terminate my contract without first attempting to help me, OHA is part of that process.

That really doesn't sound that unreasonable to me, unless I'm missing something.

Are you actually looking for advice on how to prove the bullying accusations?

No, the bullying is in the past, it has certainly contributed to my depression but unfortunately I cannot present anything other than anecdotal evidence to support my case which is practically useless.

Although I had made complaints to management on several occasions, HR refuse to ask questions about those complaints so I have nothing really except my word against theirs.

As for the job being unsuitable for me...you're probably right; I don't enjoy working for nothing. While I may be on a contract, it doesn't come anywhere close to the so-called "average industrial wage" and i can be expected to work 10-12 hours 5 days a week for a month depending on the intensity of work and not receive any benefits for it (overtime, bonuses)

These long hours are not the result of my inability to work efficiently, it has more to do with poor management...it's actually quite depressing in itself to see the type of people that end up in management positions.

I don't have anything else to add or take away, you can close the thread.

Thank you.

The Big Red Button

_johnson_ wrote: »

I take it you're one of these people that doesn't take mental health seriously if you think the company are "bending over backwards to assist" me.

I'd love to know else you think they should be doing.

If you had broken both arms and both legs, and needed to take time out of work because of this, it's still perfectly reasonable that you'd be sent for a health assessment with a qualified medical professional to sign off on this.

It seems to me that your company takes your mental health very seriously, and is treating you in the exact same way for a mental illness as they would if you had a physical illness.

Eoin

_johnson_ wrote: »

I don't have anything else to add or take away, you can close the thread.

Fair enough