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My Occ Health Referral

JB33

Brief background

I work full time (and have done since I was 18 years old). I work in IT as a software engineering manager and as such, interact with people, fragment my effort across multiple teams and act as a buffer/interface between engineers and stakeholders .. it's all consuming, but I do enjoy lots of parts of my job. 

I have repeat burnout cycles, usually once every 6 months or so, the causes can be commuting, busy offices, lots of expectations, difficult people, <insert external life events> or a combination of all. When I feel burnout signals coming in early, in the morning normally push through or think that more work will solve it (it doesn't). I then go off sick as pretending I am fine is difficult, I normally say it's a viral thing, but the reality is that I need to mentally recover, but feared judgement. 

Occ Health Referral

I had to chase for 4 months for my line manager to finally raise this for me (she kept forgetting .....). I finally had a burnout episode infant of her one day and said this is urgent and I'd like some support. she didnt know what to do or how to help (despite me detailing specific things for her that I think would help). Just had my call there, said that long office commutes, busy offices and noisy environments while in there are contributing to my burnout cycles. During office days, I can't exercise as I have to leave so early to do my 1.5 hour commute stuck in a busy train to then end up in a noisy office. I then get back very late and then can't do my wind down routine. It sounded like excuses when I told my manager about this but occasionally health taken them seriously. The report was strong and factual and they quoted the legal obligation employers have under the Equalities Act to follow through on their recommendations proving they're 'reasonable'. The Occ Health person said that an employer will be silly to ignore the recommendations given the protected status of my conditions (which was to offer flexibility with in office days). I dont want it to drag out and hate conflict, but I am at the point of now standing up for myself more. 

I will post a reply once my employers respond as heart some horror stories on here about workplace adjustments - at least in my case, it felt like my employer has to seriously consider these. 

Parents

  • I wish you best of luck and hope you get the adjustments you need.

    I don't want to rain on your parade but my employers have totally ignored my occupational health reports and it has not ended well for me.

    I am all for advocating your rights but the red flag in your Occ Health report is the word 'reasonable'. This is because there is no definition of what reasonable means. If your employer deems them to be unreasonable you have little recourse unless through the law. The only person who can decide what is reasonable is a Judge at an employment tribunal.

    Employers will try everything to find ways to use the word 'unreasonable' if they decide so.

    I can't say what your manager will do. I suppose it depends on if they value you and your adjustments or if they could replace you with someone 'normal' which is easier for them. I was naive enough to ask for help, get Occ Health support but did not expect the reaction I got. I chose this hill to die on, hence my costly foray into employment tribunal land. I have researched and researched and feel confident in my arguments but I know I cannot plead my case in person by myself so I have engage legal representation.

    Is this your hill? Only you can decide. You are young enough to find a role with a suitable employer who will value and support you but for me in my fifties I have zero chance.

    Sorry for the doom and gloom but at least you have a positive approach from your Occ Health. One last tip go the EHRC website and download a copy of the statuary guidance on the Equality Act to really get in relatively plain language what your legal rights are. 

  • in reply to Mr T

    Thanks. On your case, the timeline looks terrible for them if they have tried to dismiss or make things difficult. They may not have a leg to stand on and hoping you wouldn’t pursue. I would contact ACAS and ask for early conciliation before taking to a tribunal, assuming you’re UK based.  

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  • in reply to Mr T

    Thanks. On your case, the timeline looks terrible for them if they have tried to dismiss or make things difficult. They may not have a leg to stand on and hoping you wouldn’t pursue. I would contact ACAS and ask for early conciliation before taking to a tribunal, assuming you’re UK based.  

Children
  • in reply to Mr T

    In Scotland too! Best of luck with it, keep me posted if you can :). 

  • in reply to JB33

    I'm in Scotland if you can call it UK!!!! Joy

    Thanks but I have already been and done that. Tribunal claim was submitted a couple of months ago and is now going through the administration process before it will be scheduled in the new year sometime.

    My employer refused to engage with ACAS as will most public sector employers. The try to call your bluff about taking it further and will only try to settle before the tribunal is about to sit at the last minute. This is what I have been told.

    This has been over two years as journey. I just know I have to stand up for myself. I have reconciled that my career is over and future employment prospects for me are small. This gives me a purpose.