Advice regarding sick, OH, IHR?

Daniel-san · Post by **Daniel-san** » 13 Oct 2016, 18:25

I've suffered with lower back problems on 4 separate occasions over the last 5 years, I was recently signed off by the doctor for 3 weeks and given a s**t load of pain killers/muscle relaxants to aid recovery,
Work refered me to oh assist who put me through 3 sessions of physio, which i did and the physio recommended i have 3 more sessions to which was agreed and I now have 2 sessions to go.
I was given a staggered return to work, (No Deliveries, driving cos of the meds or heavy lifting) 2wks 3hrs, 2wks 5hrs then 7-8 hrs, I'm now on the 7-8 hrs but still am not up to fitness, although I'm getting better its still very painful to stand & walk for too long,
I spoke to my Dom & line manager about this and they said they'd treat it as a failed rehab and if i was re refered I could either be made to go sick (where i would incur a stage 2) or OH may offer IHR ! And in his opinion the way the company is going they more than likely would.
I really don't want to be retired I'm only 37! and now feel stressed and worried that these are my only options or go out on delivery and suffer in pain!

Is what I've been told my only options?
Any help would be much appreciated.

k979aaa · Post by **k979aaa** » 13 Oct 2016, 19:44

Daniel-san wrote:I've suffered with lower back problems on 4 separate occasions over the last 5 years, I was recently signed off by the doctor for 3 weeks and given a s**t load of pain killers/muscle relaxants to aid recovery,
Work refered me to oh assist who put me through 3 sessions of physio, which i did and the physio recommended i have 3 more sessions to which was agreed and I now have 2 sessions to go.
I was given a staggered return to work, (No Deliveries, driving cos of the meds or heavy lifting) 2wks 3hrs, 2wks 5hrs then 7-8 hrs, I'm now on the 7-8 hrs but still am not up to fitness, although I'm getting better its still very painful to stand & walk for too long,
I spoke to my Dom & line manager about this and they said they'd treat it as a failed rehab and if i was re refered I could either be made to go sick (where i would incur a stage 2) or OH may offer IHR ! And in his opinion the way the company is going they more than likely would.
I really don't want to be retired I'm only 37! and now feel stressed and worried that these are my only options or go out on delivery and suffer in pain!

Is what I've been told my only options?
Any help would be much appreciated.

Look do think you can do the job long term if so go on the sick and get fixed and don't come back till after rehab. If you don't want to do that by all means do what is best for you this is one hard job on your body and only you can make that judgement!

Sir Henry · Post by **Sir Henry** » 13 Oct 2016, 19:52

The first thng to remember is that the bosses are self-serving underhand scumbags. They impart opinion as fact and wish fulfilment as probability. Get onto your rep or area rep and tell them what your concerns are and the dubious information gleaned from the screws.

bogstandard · Post by **bogstandard** » 14 Oct 2016, 08:23

Daniel-san wrote:I've suffered with lower back problems on 4 separate occasions over the last 5 years, I was recently signed off by the doctor for 3 weeks and given a s**t load of pain killers/muscle relaxants to aid recovery,
Work refered me to oh assist who put me through 3 sessions of physio, which i did and the physio recommended i have 3 more sessions to which was agreed and I now have 2 sessions to go.
I was given a staggered return to work, (No Deliveries, driving cos of the meds or heavy lifting) 2wks 3hrs, 2wks 5hrs then 7-8 hrs, I'm now on the 7-8 hrs but still am not up to fitness, although I'm getting better its still very painful to stand & walk for too long,
I spoke to my Dom & line manager about this and they said they'd treat it as a failed rehab and if i was re refered I could either be made to go sick (where i would incur a stage 2) or OH may offer IHR ! And in his opinion the way the company is going they more than likely would.
I really don't want to be retired I'm only 37! and now feel stressed and worried that these are my only options or go out on delivery and suffer in pain!

Is what I've been told my only options?
Any help would be much appreciated.

you have spoken to OH and between you and the person on the phone you have produced a way forward and return to work was agreed.
This you are finding difficult to complete and your own assessment was optimistic. Ask to be referred again and suggest that the previous plan was misjudged and as previously stated, optimistic.
It's not crime of the century, the reality is two people (you and the OH adviser) without medical qualifications made best guesses re recovery and rehab and were hopeful but unfortunately were found to be inaccurate. It may help to get a more informed diagnosis from your doctor and you may find your problem covered under the equality act 2010.
For clarity OH do NOT offer IHR, this is a standard question your line manager or DOM asks OH to consider. The question put to them is along the lines of in their opinion would person x be a suitable candidate for IHR. If you are not covered under the EA 2010 then you might say something like " I fully expect to return to full fitness and resume my duty as i have not been told this may not or will not happen by my doctor".

I wish you well in your recovery.

Daniel-san · Post by **Daniel-san** » 14 Oct 2016, 17:57

Cheers people

Chelseablue · Post by **Chelseablue** » 16 Oct 2016, 00:04

Similar here struggling to get right after cpl operations , im worried ill go past the 4 year rolling 6 month period sickness which means half pay . Desperate to go back but injury taking ages to heal atos says im covered under disabilty act but what happens if i go back and injury flares again? My heads all over the place .

bogstandard · Post by **bogstandard** » 17 Oct 2016, 08:11

Chelseablue wrote:Similar here struggling to get right after cpl operations , im worried ill go past the 4 year rolling 6 month period sickness which means half pay . Desperate to go back but injury taking ages to heal atos says im covered under disabilty act but what happens if i go back and injury flares again? My heads all over the place .

as part of the attendance procedure your absence would likely be covered under the act and as such would normally be discounted. If you absence was not to be discounted you would need to have this in writing from the business stating that future absences may be included and stating the reason why. Just as normally be discounted shows or permits a level of discretion, may be included requires the business to explain why the normally be discounted might no longer hold the field.

Chelseablue · Post by **Chelseablue** » 17 Oct 2016, 23:24

Cheers bog whole thing doin my head in , lol

Tedddy · Post by **Tedddy** » 28 Oct 2016, 17:46

I have a heart disability, I have now been off 5 months, my pay is stopping because I have been off 1 year in 4 years. They tried for IHR but I am going to recover after treatment. I have been told that there is no rehab by the line manager, I will only be allowed to go back when I am able to do my full duty. My treatment by managers has been terrible as soon as they realised I would be off long term. They even gave incorrect information about my health to OH Assist. Any advice anyone?

Post by **TrueBlueTerrier** » 29 Oct 2016, 13:44

Tedddy wrote:I have a heart disability, I have now been off 5 months, my pay is stopping because I have been off 1 year in 4 years. They tried for IHR but I am going to recover after treatment. I have been told that there is no rehab by the line manager, I will only be allowed to go back when I am able to do my full duty. My treatment by managers has been terrible as soon as they realised I would be off long term. They even gave incorrect information about my health to OH Assist. Any advice anyone?

There is rehab, its a reasonable adjustment and if RM don't at least consider it then they may leave themselves open to an Employment Tribunal ruling going against them.

If you are in the CWU contact the Equalities officer, as you have a long term condition that has a significant impact on your daily life and that means you fall under the Equality Act.

If not, and even if you are also, try Citizens Advice not just for this issue but for any help on claim assistance through the job centre.

Also if you really get stuck then there is the Posties Charity - Roland Hill Fund.

Good luck.