Hi Shelly
I think objectivity is called for here and would suggest OH input would be as follows;
1) Gather medical evidence in relation to the health issues and/or refer to OHP particularly if it looks as if it will be dismissal under capability
2) explore whether work is exacerbating her health
3) From the info below she could fall under the EA so the organisation needs to go through a process of whether they can reasonably put in place adjustments - OH can be part of this process and your recommendations need to be considered. However, at the end of the day it is the organisation who needs to make the decision as to what is reasonable but if they don't follow process she could claim discrimination under the EA as it does not matter how long she has been employed.
4) If she has 3 month membership of a Local Government Pension scheme and is on long term sickness absence (although it sounds all ST) then your organisation would be wise to look at an application for eihr before dismissal. See First West Yorkshire Limited t/a First Leeds v Haigh, Employment Appeal Tribunal. I had a case go to tribunal last year and the organisation lost on this very point.
5) Presumably they are following some kind of absence policy which is clear as to what is unacceptable etc.
Hope that helps
Regards
Karen
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Shelly Watson
Sent: 28 November 2011 15:49
To: [log in to unmask]
Subject: [OCC-HEALTH] OH OR MANAGEMENT ISSUE
Dear List
I am hoping I could pick your brains on the below case:
We had a lady who started work in July 2011 and hass had 54 (in 10 seperate occassions) days of sickness already. Her preemployment indicated that her condition would result in above average absence and require support. HR put adjustments in place and gave side by side support to help her as much as possible. I have today received a referral from manager who has concerns over poor attendance and the impact it is having on her perfomance and ability to carry out her role. This employee has a history of depression since the age of 14, has IBS which is stress related and sufferes extreme anxiety, low self esteem and a general disregard for men due to significant family hisytory of peadophilia and rape.
As always your comments and contributions would be highly appreciated
Shelly
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
********************************
Please remove this footer before replying.
OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html
CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
|