meniere

Author Topic: Meeting with manager and HR and union  (Read 97 times)

Offline Gildo

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Meeting with manager and HR and union
« on: Feb 13 2020, 09:45 AM »
Hi guys
Well I've to meet with my manager and HR next week and they advised to bring my union rep. I rang my union rep and he made me quite upset and angry. He said that I won't get ill health retirement because occupational health aren't recommending it at present but it may be that I will have to resign if I'm not fit enough to work. I don't want to resign. Ive worked with the health service from 1987 - 2000 and then again from 2005 - 2020. Although I had that break for 5 years working elsewhere, Belfast Trust have always recognised my length of service. If I resign I get nothing. No benefits either except 76 a week ESA. I have asked for a PIP form to be sent out but I doubt I will get it given the horrendous stories out there about people who have had the benefit taken from them even though  they have severe disabilities. I just feel as if I'm going to be forced to do something I don't want to do. Why should I leave with nothing after so many years service  :'(

Offline harry

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Re: Meeting with manager and HR and union
« Reply #1 on: Feb 13 2020, 03:20 PM »
Why would your union rep recommend you resign? surely he should be helping you agree some sort of severance package at least? If it's because, if your contract is terminated then that may affect your ability to get another job & reference. If you resign then you can just say to your next employer you decided to leave.

Not sure how easy it would be to terminate your contract unless they can prove that they have tried to find you an alternative role but you have declined those roles and that you have also failed to try and find yourself a new role within the organisation.Meniere's is a registered disability and they must  follow the correct procedure before they can sack a member of staff due to inability to do the job because of their disability.

Obviously you would have the right to go to an industrial tribunal, but I have no idea how that works.

Sometimes we just have to accept that something has to change and in this case you need to find a another job that is more suited to what you can now do. But at the very least you should be awarded some sort of payoff from the company and not just resign ( even if it's just  three months salary) but I have a feeling you could probably get a bit more in terms of a severance package if you indicated that you would consider a package and not make life difficult for them in terms of tribunals and appeals etc.

Get everything documented and don't make any decisions at the meeting. Go home and have a good think about what they say. Perhaps get some legal advice before you respond.




Offline Gildo

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Re: Meeting with manager and HR and union
« Reply #2 on: Feb 13 2020, 05:01 PM »
Hi Harry
Thanks for your reply. Apparently occupational health won't recommend ill health retirement if you have an illness that fluctuates. Instead they recommend that the individual discuss their options with HR and union. I contacted HR and the union and that's when the union rep said what he did (a) I won't be sacked (b) I won't get ill health retirement and (c) I may have to resign. I have been offered other posts but none were suitable as they involved travelling long distances and climbing ladders . As I am part of the redeployment scheme the jobs I am offered are ones that don't get advertised (unless noone on the list wants the job). I have been looking at the advertised jobs but there hasn't been anything suitable due to my restrictions. I have phoned disability action and I am currently waiting on someone returning my call. I do remember speaking to someone previously from DA and he offered to attend meetings with me so hopefully that's still an option. I guess I just feel that a union rep telling me to go and ring citizens advice to find out what benefits I am entitled to doesn't bode well for this upcoming meeting! I've a good mind to tell him to eff away off. Perhaps the guy from DA will give me a little bit of hope!

Offline harry

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Re: Meeting with manager and HR and union
« Reply #3 on: Feb 13 2020, 05:23 PM »
Hi,
Again slightly confused. If you have been told they won't sack you but you do not qualify for IHER then why would you need to resign? Surely you just carry on doing the job you do now until you find something different. That is more in line with what you can do.

I can understand HR wanting to get this sorted out and at some point you are going to have to choose what you want to do. Because there is a chance that the job that you feel you can do doesn't exist within the organisation you work for.HR are not obliged to create a job for you.

Have you provided HR with a list of the jobs in your organisation which already exist and that you feel you would be able to do. So that they can contact the department managers to see if there are any vacancies or whether they need extra staff.

Offline Gildo

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Re: Meeting with manager and HR and union
« Reply #4 on: Feb 14 2020, 10:36 AM »
Apologies that this all seems confusing. I will try to clarify. I couldn't do my original job due to hearing loss. I was demoted and moved to a temporary post and I was happy in this post for 18 months. Then I was told the duties of this temporary post were changing and once again my hearing loss meant I was unable to carry out the duties. HR offered me other unsuitable posts and the stress caused my MD to return with a vengeancen I've now been on sick leave since May 2019. Currently I really have no job to call my own. Now HR and management want to meet with me to discuss my options. You're very right Harry in that HR don't have to create a job for me and I know they definitely won't. They know what my restrictions are yet continued to offer me unsuitable posts. Unfortunately I can't look at the job vacancies and choose what might be suitable as the only ones I can see have already been advertised to the public. I have to wait until HR offer me something that hasn't yet been advertised. I may even have to accept being demoted even further. I'm just annoyed at my union rep. He has worried me with his talk of resignation!

Offline harry

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Re: Meeting with manager and HR and union
« Reply #5 on: Feb 14 2020, 12:49 PM »
Hi
 Okay. So it would appear that OH will not support your application for IHER as they feel that there are times when your Illness does not affect you as much and that you could work. They would also seem to feel that you are still able to work for the trust in some role. Which is why they aren't looking at termination of contract.
It is very important that you ALWAYS talk in terms of two disabilities Meniere's and Deafness. As they each affect you in a different way and should be looked at and regarded as two separate things.

With regards to your deafness how severe is it? Does it affect both ears ? do you wear hearing aids in both ears ? what level of deafness do you have in each ear ? Can you use a telephone ? How badly does it fluctuate ?

I have always found that they take deafness more seriously as they understand it better. Which is not correct but can work in your favour. For example the chances are that if you found a role that suited your deafness( no telephone work and no loud machinery noises because of hearing aids ) then it will probably suit your MD.
Do you use a portable  hearing loop system at work ? this could help.

Unfortunately the reality is that Life is not fair and sometimes we have to accept that and understand that we may have to do things differently because of our limitations. This may mean that in order to stay at the trust you have to accept that you will need to do a lower paid job rather than leave all together.

But I see no reason why you should even consider resigning at this stage and remember that MD has periods where it is less of a problem and that could last for months at a time. At lower paid less stressful job may help to in the long run with your MD.

Offline The Wobbler

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Re: Meeting with manager and HR and union
« Reply #6 on: Feb 14 2020, 05:12 PM »
At the end of the day it will depend on what it states in your contract of employment.

Check and/or take legal advice and do not under any circumstances resign.