Published on 12, July, 2020
Having tough time of a tough time. Had meeting with Employer and my medical team, my employer asked to speak with my medical team. Which I agreed to in the spirit of being open and with the expectation that the discussion would be about my requested changes, with some discussion about my performance. Really angry with everything, I feel meeting was ambushed to set the scene to kick me out of the company. I feel my medical team would provide some support, but I feel they have made things worse. I have told my doctor that I am trapped at work, in that my skills are out dated so I am not marketable, so my best cause of action is to stick at work and gain the skills and experience I need to continue with my career with a different employer. My doctor in the meeting said well we aren't getting any where with frustrations and problems at work, and he can't progress anything with my mental health until that is sorted out. He also keeps asking me "are you working full time now", I have been working full time for years. Part of my reasonable changes was to work at home a couple of days a week, because I find the office environment difficult, they already think I am wasting time at home. Just hate this sick twisted world In the meeting I am given two options, either leave the company or undertake a months trial where I will be intensively and closely monitored which will be very stressful. There were several references to having the option to leave the company at any time. They wanted to be involved with my medical team because they want an indication as to whether I am fit to undertake this trial. Even if the trial is successful, I am told that the changes I have requested do not fit with their company plans anymore. They cited communication problems, but I don't know where they are getting these from, I don't have communcation issues with my peers. I do with this nightmare manager, but I am doing my hardest to not let that get in the way of my work, and suppressing a lot of anger that they are adding to the situation
You don't actually ask any questions in your post, so maybe you just wanted to vent and not get any advice, but I'll give you some anyway. I suspect that your manager wants to get rid of you and is taking steps to do so by sabotaging you and using your medical condition as an excuse. Something similar happened to me recently, and not for the first time. Eventually they will probably win. That's how it goes. Hierarchical structures are designed so that the higher ups get their own way.
However, it sounds as though you have a case for discrimination and/or harassment. Your employer knows about your condition and needs to take steps to make reasonable adjustments, or have a good reason not to. They can't get rid of you because of your condition and they also can't put you at a disadvantage, which is what this "trial" sounds like.
My advice to you is to get everything in writing. Ask for a reconsideration of the decision, and file a grievance against your manager based on your company's grievance policy. Record meetings (then you will need transcripts). If it gets so that you think you will lose your job, seek help from your union or get legal advice. There is the DIsability Law Service who might help you (I found them not to be very helpful, but you might have better luck). Do a Subject Access Request with your employer. That will show them you mean business and are willing to go to tribunal if necessary.
I suggest that you familiarise yourself with the relevant parts of the Equality Act, and also the Guidance on matters to be taken into account in determining questions relating to the definition of ‘disability', the Employment: Statutory Code of Practice, the ACAS rules regarding disciplinary procedures for employees (I know that you would have to have been given an opportunity to respond to questions about your performance, and it sounds like you weren't), and the company's own policies regarding forcing employees to undergo a probation period after they have been working there for a long time (I'm pretty sure that is illegal anyway).
Once you know the law and the rules, you can write a letter or file a grievance. Be specific about which rules and laws are being violated by their treatment of you. Keep any written reply you receive, and, again, record everything.
Also, I assume your medical team is from Occupational Health? If so, perhaps seek independent medical advice.
Best of luck and I hope the situation is not as dire as it seems at present.
Thanks for your reply, sorry for not being clear in my post, I am venting a lot, but I am not sure what to do and trying to reach out to get some advice on how to tackle the problems. Thanks very much for your advice. The medical team is the NHS team I am under the care of. My feelings at the moment is to raise a grievance with this manager, there has been loads of other stuff that has happened. I am isolated and am fighting depression and anxiety so thats where a lot of the negative emotions come from my post. I also feel betrayed and let down by my medical team
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