failing to meet 6 week rehab plan - how long have i got?

sardonicus · Post by **sardonicus** » 26 Sep 2018, 16:20

Hi, 23.5 , 3 day a week cover duty.

I have recently returned after a stroke and a six week plan was offered to me for rehab.(4hrs a day, indoors) I agreed to the plan in good faith fully believing I would be able to meet it. However It has turned out to be totally unrealistic.

After an appointment with my doctor I have been told it could take months to recover, though it is not a guaranteed recovery but it is expected by the Dr/neurologist.

My first appointment with OH has informed me that my illness/condition should qualify under the Equality Act, whatever that is or means? and I should find out asap if there is an actual agreement that will protect me for so long for recovery, before dismissal becomes an option

My question is am I protected by an agreement etc to be kept on for a certain time after the 6 weeks rehab plan to allow me to recover before I could be dismissed on ill health grounds, as I want my job not a payoff.

I have been told by my rep that I cant be touched for a total of 6 months from my return to work date, does anyone know , for sure, if this is true?

Thanks in advance

Sardonicus

k979aaa · Post by **k979aaa** » 26 Sep 2018, 17:40

Sounds draconian six weeks stroke rehab who thought this up get your GP on side and take them down the high courts!

sardonicus · Post by **sardonicus** » 26 Sep 2018, 22:30

k979aaa wrote:Sounds draconian six weeks stroke rehab who thought this up get your GP on side and take them down the high courts!

I also got staged by manager for absence re my illness of over 6 months, he said it was only fair as rm paid me sick pay while off and were paying me full hours whilst on rehab so needed to get something off me. nice - the stage kicked in whilst i was in a hospital bed!

no right to appeal!

Apparently I was supposed to get a stage 1 about a year ago but due to managers incompetence he forgot so he was getting his own back - my fault of course!

k979aaa · Post by **k979aaa** » 27 Sep 2018, 18:20

sardonicus wrote:
k979aaa wrote:Sounds draconian six weeks stroke rehab who thought this up get your GP on side and take them down the high courts!
I also got staged by manager for absence re my illness of over 6 months, he said it was only fair as rm paid me sick pay while off and were paying me full hours whilst on rehab so needed to get something off me. nice - the stage kicked in whilst i was in a hospital bed!

no right to appeal!

Apparently I was supposed to get a stage 1 about a year ago but due to managers incompetence he forgot so he was getting his own back - my fault of course!

Don't worry about stages or plans rehab the main thing is get yourself right and fit before you comeback to work lot's of these stage warnings get kicked out at the RTU stage so don't worry but if you keep going off sick for whatever reason they will use that instead of the original reason to escalate the procedure.

sardonicus · Post by **sardonicus** » 28 Sep 2018, 13:49

Hi k979aaa

Many thanks for your help, its much appreciated.

I think its an unfair situation, and indeed very stressful, that a manager can use an attendence review of about 12-18 months ago, that was failed to be carried through, because of his own incompetence, and without my knowledge, and then later, in this case after I have had a long period of absence (over 6 months), to avoid any implications regarding the Equality Act with regard to my current situation, im on rehab at this time, which may take months, to then site at an attendence review/decision that a stage was being implemented not because of my illness and associated absence and continuing recovery but because a past and distant review was not implemented. Its obvious that this has only been used against me on return on rehab because he can and thus avoid any issue with my recent long term illness absence.

Surely this could be abused by managers as a way to 'beat a stick' against people, by using distant events that were not followed through properly, at no fault of the person, to 'punish' people and avoid any breach of Equality Act Laws or even generally in the work place as a means of getting their own way, by threatening to stage them for past events?

At what point does an attendence review and a failure to carry it out correctly, become unusable?

I understand my health is paramount in this matter, and that it may be possible to site this in any future action as a unfair stage, but Im very stressed about how I am being treated, and this is having a very negative effect on my recovery.

My rep says I could open a grievience against the manager but I am worried about possible repurcussions, he also dated the stage a month after my return, so it does not count for the first month i returned. nice!

Thanks again

k979aaa · Post by **k979aaa** » 28 Sep 2018, 19:33

sardonicus wrote:Hi k979aaa

Many thanks for your help, its much appreciated.

I think its an unfair situation, and indeed very stressful, that a manager can use an attendence review of about 12-18 months ago, that was failed to be carried through, because of his own incompetence, and without my knowledge, and then later, in this case after I have had a long period of absence (over 6 months), to avoid any implications regarding the Equality Act with regard to my current situation, im on rehab at this time, which may take months, to then site at an attendence review/decision that a stage was being implemented not because of my illness and associated absence and continuing recovery but because a past and distant review was not implemented. Its obvious that this has only been used against me on return on rehab because he can and thus avoid any issue with my recent long term illness absence.

Surely this could be abused by managers as a way to 'beat a stick' against people, by using distant events that were not followed through properly, at no fault of the person, to 'punish' people and avoid any breach of Equality Act Laws or even generally in the work place as a means of getting their own way, by threatening to stage them for past events?

At what point does an attendence review and a failure to carry it out correctly, become unusable?

I understand my health is paramount in this matter, and that it may be possible to site this in any future action as a unfair stage, but Im very stressed about how I am being treated, and this is having a very negative effect on my recovery.

My rep says I could open a grievience against the manager but I am worried about possible repurcussions, he also dated the stage a month after my return, so it does not count for the first month i returned. nice!

Thanks again

He can date what ever he wants the stage is from date of interview not when he can get his lazy arse into gear and as to digging up absences over 12 months is a no no did you have your rep with you at the time?

rehabron · Post by **rehabron** » 30 Sep 2018, 12:20

1) Manager making reference to an absence that occurred 12 months to 18 months ago is uncountable as the absence would have been spent as it has gone the 12 month life span and would not come under absences that are still extant. Failure to progress the absence within the appropriate time scale is manager's problem and not yours and can't be reintroduced to cover his incompetence and will be kicked into touch should this have to go to an appeal stage.
2) If OH Assist has confirmed that your absence is covered by the Equality Act then the absence is again uncountable in the absence calculations to trigger formal prompt stage reviews. Manager would have had to have written to you advising that absences covered by the Equality Act are to be included in absence calculation and even then would have great difficulty of this being accepted.
3) If your present rehabilitation plan of 6 weeks is unworkable ( if this was an OH Assist recommendation or manager's plan ) then you request a further referral to OH Assist to have work content adjusted or programme extended. You should have been given within the rehabilitation plan weekly monitoring interviews to determine how you are progressing and if assisting or having an adverse effect on your recovery to full fitness.
4) You have stated that you do not wish IHR but the downside of this is that the business will look into the cost effectiveness of allowing you to continue on a rehabilitation plan for a lengthy period or cut their losses and endorse an ill health retirement but this can also go to appeal.
5) Expected to recover from a stroke in a 6 week rehabilitation plan is totally unreasonable and ignorant from an employer who has supposed to have a duty of care for their employees.
6} To reiterate you need to push for a further referral to OH Assist and ensure that weekly monitoring interviews are active and you are copied in the reports and your union rep is updated at all times.

sardonicus · Post by **sardonicus** » 01 Oct 2018, 13:55

Hi rehabron , k979aaa and all

Many thanks or your kind input, much appreciated!

My manager has insisted the date he typed up the minutes of the review, not the actual review meeting date, will be the date from which he will install the stage, I have insisted he talk to union as they also said it should start from the actual review meeting date, not the date he typed the minutes of the meeting ( which is the date he wants to start the stage from). The stage remains unsigned.

The manager has stated he is not counting the previous review (that did not happen due to his incompetence), he is issuing a stage for my recent long term absence for a stroke, and is siting in his decision, that as I should have previously been on a stage, (but wasnt due to his incomptence - my words not his lol), he was justified in giving me one now. He said he was not breaking any inequality law, as although my illness counts as a disability, it does not on this occasion count, and was fully justified. He said that only if a further illness absence, linked to my previous illness absence, or medical apps etc relating to the illness were punished/refused, would I then have any discrimination against me.

I was also told that as I have not met the'flexible' rehab plan of 6 weeks, which i made in good faith, believing wrongly that I might be able to make, (I have since found out a recovery period of 4-6 months is more realistic, from doctor, neurologist and oh), that I may be put on the sick again forcably, as my contract does not count indoor working,which I have now done for 6 weeks - it counts for nothing, delivery only after 6 weeks with forced sick absence/sack as their choices.

I am aware in my do that more than one person has had a full 6 months rehab indoors before introducing a loop, building up to a full round, over a few weeks after. I do not intend to take that long, but I cannot tell them when I will be able to do my delivery in advance, which is a big problem for them. I cant know.

My House and my marraige are on the line, yet all i get since back to work is more stress and worry - not good to aid a recovery

I have a full doctors note requesting a plan of 3 days of 4 hours, total 12 ( duty 23,5, 3 days), ongoing for a couple of months, after the initial 6 week doctors letter ran out ( this period was at my request, fully but wrongly believing it was all I needed).

Do you know how long I am protected for? How long I can work indoors before im let go? I am told by all I will get better over next couple/few months but need a lot less stress being loaded on me by managers constantly - (normally after posties and reps who are posties go out on delivery).

Thanks again, sorry about typos but typing is an issue as its difficult

Post by **TrueBlueTerrier** » 01 Oct 2018, 14:15

If you have been speaking to your local rep about this I might suggest getting him to contact the Area Safety Rep, this isn't a mark against a local rep, but I think you need a rep that has more experience and seniority to help you, and perhaps correct the manager on this.

Post by **General Mannerheim** » 01 Oct 2018, 15:35

He said he was not breaking any inequality law, as although my illness counts as a disability, it does not on this occasion count, and was fully justified. He said that only if a further illness absence, linked to my previous illness absence, or medical apps etc relating to the illness were punished/refused, would I then have any discrimination against me.

I love these bellend managers .
You can't just decide this one counts this one doesn't.

I'd be on to the Equality Rep of your division(if you have one

) if I was you as this `manager` need a few pointers on Equality laws.

rehabron · Post by **rehabron** » 01 Oct 2018, 16:52

Sardonicus you have not mentioned if you were given weekly monitoring meetings within your rehabilitation plan. Can u advise?

sardonicus · Post by **sardonicus** » 01 Oct 2018, 17:46

General Mannerheim wrote:
He said he was not breaking any inequality law, as although my illness counts as a disability, it does not on this occasion count, and was fully justified. He said that only if a further illness absence, linked to my previous illness absence, or medical apps etc relating to the illness were punished/refused, would I then have any discrimination against me.
I love these bellend managers .
You can't just decide this one counts this one doesn't.
I'd be on to the Equality Rep of your division(if you have one ) if I was you as this `manager` need a few pointers on Equality laws.

Hi General M / True Blue

I will on my next shift have a word with the local union rep and insist on seeing the area saftey rep and the equlity rep of the division, I will also from now on insist upon representation to be present at every managers meeting/weekly rehab review etc

Apart from my manager being totally ignorant of any rules regarding his stage implementation, I also had a manager today who said 'doctors will sign anything' when I mentioned my doctor, working under instruction from my neurologist, will supply me with a fit/sick note, to replace my current one which ends anytime. To make such a throw away comment on the integrity of professional people is in itself discriminatory, both towards me and my doctor/neurologist and also highly unprofessional. I t made me feel like what I have been through and am going through is made up and that my doctor /neurologist are happy to forget about their professional status and sign anything I want them to!

Chris413 · Post by **Chris413** » 01 Oct 2018, 18:49

Simple fact m8, these managers don't give a flying f**k about your health. There all scum!