Hello all,
I posted a thread a few months ago about how I was up for a stage 3 dismissal consideration - I wasn't a union member, but the lcoal reps gave me a baptism of fire that morning, accompanied me into the meeting and it was eventually thrown out as I was covered by both the OH report and the Equality Act.
Moving forward after my failed rehab, I was advised the next steps were a scoping exercise and possible IHR. I had an appointment with my doctor coming up, and she advised, as I had started suffering migratory pain (going into my lower back) that until that process was completed (estimated 6-8 weeks), I should remain on ammended duties but reduce my hours, as, while the indoor duties themselves were not aggrivating my issues, the length of time performing them were.
Area manager has now decided I have to go on the sick because there are no "meaningful duties" and that i'm not a good candidate for an IHR for the fear that I "could get another surgery in the future that solves all my issues, allowing me to return to duty".
I've tried to fight this, but it looks like they can do this; I'll be going onto half sick pay, for five months, presumably to then zero out to unpaid, at which time they'll want me a return to full outdoor duty or simply leave the company.
I've already put in a grievance about this, I've contacted ACAS who advised me that there's certainly a strong case for disability discrimination as I'm covered under the equality act, but in the meantime I'm about to suffer a financial hardship and emotional distress of being put out to pasture.
The most obvious route is IHR - my unuon rep has advised me to get a letter from the doctor to say I'm unlikely to return to full walking duties and the NHS can't give a guarantee on a timescale for a possible new operation (which may not even be successful) in order to push for an IHR, but the compnay is being so resistant to it, I don't see them hurring themselves when they can 'wait me out', because basically, after 5 months, i'm f****d.
My union rep has already written to HQ to inform them OT is being used to cover indoor and prep in order to fight back against the 'no meaningful work' accusation.
Any advice or anything i'm not thinking of?
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Survived dismissal interview, now I "have to go on the sick"
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ozzy8mybaby
- Posts: 5
- Joined: 22 Jun 2011, 17:58
- Gender: Male
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Postie45
- Posts: 2160
- Joined: 21 Aug 2012, 23:05
- Gender: Male
Survived dismissal interview, now I "have to go on the sick"
can they do this ? probably
this seems to be RMs new way of getting people out of the door. Paying an IHR means they pay close to a years pay. Instead they can pay full wages for 6 months and then half for another 6, its a cheaper route for them, especially since most candidates will have already sank 3-4 months of full sick pay by the time it gets to the stage where IHR even becomes an issue.
They can already point to the fact that they offered you amended duties which have failed, so they have to a certain degree covered themselves regarding Equality Act.
I think your best option is to think about if there are ANY jobs currently in your office that you could be capable of doing, say a locker duty ? its reasonable for RM to offer you that role to you unless it brings hardship to the person currently doing it (just them being annoyed or that they "signed for it" wouldnt be enough of a reason)
As your rep has stated, if people are being paid to prep on OT everyday and thats something you can do, then it is something that RM probably should be offering you, they may argue its not a consistent role, but your rep could point to this practise going on for an extended period of time to argue otherwise. Obviously that doesnt sound like something that would fill a whole days work, but maybe support prepping 2 walks, doing some sorting could fill 4 hrs or so. Maybe prep overtime deliveries after that ? try and be creative.
this seems to be RMs new way of getting people out of the door. Paying an IHR means they pay close to a years pay. Instead they can pay full wages for 6 months and then half for another 6, its a cheaper route for them, especially since most candidates will have already sank 3-4 months of full sick pay by the time it gets to the stage where IHR even becomes an issue.
They can already point to the fact that they offered you amended duties which have failed, so they have to a certain degree covered themselves regarding Equality Act.
I think your best option is to think about if there are ANY jobs currently in your office that you could be capable of doing, say a locker duty ? its reasonable for RM to offer you that role to you unless it brings hardship to the person currently doing it (just them being annoyed or that they "signed for it" wouldnt be enough of a reason)
As your rep has stated, if people are being paid to prep on OT everyday and thats something you can do, then it is something that RM probably should be offering you, they may argue its not a consistent role, but your rep could point to this practise going on for an extended period of time to argue otherwise. Obviously that doesnt sound like something that would fill a whole days work, but maybe support prepping 2 walks, doing some sorting could fill 4 hrs or so. Maybe prep overtime deliveries after that ? try and be creative.
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daveyeff
- Posts: 4699
- Joined: 12 Mar 2010, 19:38
- Gender: Male
Survived dismissal interview, now I "have to go on the sick"
it seems to be RMs way of getting rid of ''dead wood'' so to speak. if they can get away with paying staff long term sick, for 6 months full pay (approx. 9 and a half grand) then 6 months half pay (approx. 4 and a half) then its roughly 14 and a half grand for a full timer. yet if they paid IHR it normally comes out at about 20 grand, even more if they have been paying someone full pay for a few months then IHR. so they will see that as a much cheaper option. I don't know if its even legal what they are doing or even if the union can do anything about it.
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Postie45
- Posts: 2160
- Joined: 21 Aug 2012, 23:05
- Gender: Male
Survived dismissal interview, now I "have to go on the sick"
unfortunately it seems legal and RM seem to have got some people in upper management who know how to work the system to their advantage. The union would have to prove RM are doing this to avoid the agreed IHR payouts and procedure, which they may be able to do if they have data year on year.