Work related-"Formal Hearing" Agoraphobia?? [Archive]

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kittikat

07-07-12, 18:54

Hi,

Not sure where to post this really but my employer is arranging a "Formal ill Health Hearing" due to my anx/panic/agoraphobia.

To cut a long story short, I had 3 months off sick and returned on 'phase' in late January. There are elements of my job that I have been unable to undertake since returning mainly due to the agoraphobia. I am on meds, having regular GP appointments and currently 3/4 through my CBT. I have made a little progress but I have a long way to go yet.

Is a formal ill health hearing the same as a Capability Hearing? I have requested more information from my line manager and asked for time to 'prepare'.....I don't really know what I am actually preparing for though!! My therapist is happy to support me by letter (she says I am covered by the Equalities act and they have a 'duty of care' to me) and i'm pretty sure my GP would do the same. I have to say this is causing me extra anxiety that I really don't need right now. I have already had an Occ Health assessment.

I have worked at the same place for 18+ years and feel that I am destined for the reject pile now. Their work ethic is shoot first, ask later so to speak, it's a very brutal and tyrannical style of management so I really don't know what to expect.

Any advice would really help me right now, my mind is in complete disarray :wacko: Thanks for reading.

Kitti :)

Richard1960

07-07-12, 22:41

kittikat

07-07-12, 23:27

Hi Kittikat
Sorry to hear of you problems are you a member of a union? you could turn to for support,if not please do get advice in your case the best place to start might be citizens advice,you really will need help preparing your firm probably has a HR dept as well as managers,please do not go in under-prepared.

Its good your health professionals are on board that is a important point of support tallk to them and get them to support you if the firm writes to them as i suspect it will.

I feel very soryy for your plight:hugs:its not nice,by the way were occupational; health not able to offer any support to you

Sadly companies do not seem to care now as in the past where they had Personnel depts instead of HR which is just another branch of management ,that tends not to support the employee,if you need to talk please PM me and i will offer any help i can.Richard x

Thank you so much for your reply Richard.

Unfortunately I am not in the union (but many have said they are useless anyway). The email I received about the hearing was sent to me by my line manager (she is ok actually) but originally sent to her and the head of department by HR. I was quite disgusted that I was not copied in to the original email. It tells the HOD to arrange the formal review and HR will give her 'advice'. My line manager is to give her input regarding the impact my illness has on 'the service', this is to be 'foramally considered by the organisation'.

The email actually says ...."is at work but her ill health is affecting her ability to carry out her work duties and responsibilities" this is BullSh** there is only one aspect of my job I cannot do because of the agoraphobia. I am doing the rest of my job every day.

The Occ Health suggested ways in which my employer could 'support' me on my return to work. Some of the things suggested were put into operation, the most important thing was 'practical support' to do the travelling I can't do atm....this took weeks to set up and was a waste of time anyway as the person appointed did not have the time to do the amount of work passed to her due to her existing work commitments!!

I agree about the old personel depts. That is long gone sadly. I get the feeling I am going to get an email next week 'inviting' me to attend the hearing on a date within a few days as that is how they operate. This will not be appropriate and I will refuse until I have all the facts and any evidence I need. Plus an advocate to accompany me.

Thanks for the offer to PM you, I may take you up on that if necessary. Much appreciated. Many thanks, Kitti :hugs:

mikewales

08-07-12, 08:53

Before worrying too much, wait and see what they say. If there is one part of your job you can't carry out, then it may be they just want to see if they can rearrange your responsibilities to give that to someone else, and get you to take on something else you can do.

If part of your job is travelling, and you can't do it, then the agoraphobia IS affecting your ability to carry out your job, even if it is only part of it.

From an employers point of view, they need to make the best use of the staff they have, so when someone can't do part of their job, then they need to find a way to get around this so all the work that needs doing in the company is still being done.

Remember that they are still your employers, and they pay your wages, so they do have the final say in what you do at work, so if they request that you attend a hearing, then you should do, but definitely take an advocate if you want one there.

kittikat

08-07-12, 14:39

Thank you for your input mikewales, much appreciated.

I am going to attend the hearing, but not at a minutes notice....I need to gather all the evidence I may need first, so what I am saying is that they will have to agree a suitable amount of time for me to do this. I think that is reasonable under the circumstances.

Zingything

08-07-12, 14:45

Hi Kitti

I'm really sorry you're having to go through a medical review at work but I wouldn't worry about it too much, it is likely to be in your best interest and that of the company too. It's common practice when someone has been off ill for a long time.

I was in a similar position a number of years ago, I have worked for my local college since 1997 when due to ill health, both physical and mental, I went on the sick for approx six months, perhaps more. During that time I had regular appointments with Occupational Health and kept my employer informed.

It was agreed that I had a phased return to work too, working one day and building it up to three days. I found that at that time three days was my limit, and I was supported with this by Occ Health and my consultant. My employer didn't really have a decision to make as like others have already said, they have a duty of care to all their employees, and having a mental health problem I was considered as having a disability so was covered by the disability discrimination act, not that I needed to remind them of this of course. My employer agreed to allow me to work three days a week for a 12 month period and employ a temp to cover the other two days. As I often felt more unwell in the mornings they also allowed me to start work later. It is probable Kitti that your employer may just need to find out how they can help you in a practical way, finding out what you are able and unable to do in order for them to perhaps allow someone else to take on some of your responsibilities until you are able to manage them yourself again.

Your employer should allow you sufficient time to arrange for someone to accompany you to the hearing/review. I wouldn't refuse to attend, just negotiate a day and time that suits you both. With regards to preparring, I took along any medical evidence I had in the form of letters, appointments from medical professionals and explained that I was receiving treatment and there is every chance that my condition will improve allowing me to return to work on a full time basis as before. My employer was very supportive and not at any time was my job threatened.

I wish you the very best of luck, try not to worry.

Zings :hugs:

kittikat

08-07-12, 14:56

Zingy...

thank you so much for your kind input. I really appreciate what you are saying and it has helped to ease my mind loads :hugs:

We have rather more in common than you think....I will PM you later if that's ok (am off out now) but I just wanted to say thank you so much for the interesting and useful information you have provided.

Kitti :hugs: xx

Zingything

08-07-12, 15:24

No Prob Kitti x

I'm not just a pretty face you know :wacko:

grace17

12-07-12, 21:49

Hello Kittikat, i just wanted to wish you good luck for this
formal hearing. I think this company need to value you more.
you have been there so long they do not take into account the persons
circumstances too well so they are definitely at fault.

Your a very nice person and i know you deserve better. :) xxx

kittikat

12-07-12, 23:18

isthisasgdasitgets

13-07-12, 02:12

Hello kitti,
Just wanted to wish you luck in your hearing. I was off sick last year for 5-6 weeks with my anx and pa. When I returned to work my immediate colleagues couldn't have been nicer.
However I have to agree with Richard with regards to the HR department. It seems they are just there to support management these days and carry out their dirty work. In my return to work hearing i felt they were just prying and ticking the boxes to show "they had done their bit" lol My line manager who I hardly see accompanied me and also "ticked the boxes"!! They suggested och to me and a further meeting (neither of which have happened) and gave me the companies policy on sick leave... which was a dull read!... but basically too much time off and see ya!! very helpful lol

Anyway 15 months later I feel more confident in work and have not got the sack...so If I can achieve this anyone can and i'm sure you can :)

kittikat

13-07-12, 13:31

Thank you for your reassuring post isthisasgdasitgets :)

My HR dept have made several cockups already if they are to follow the 'formal' procedure and I have spoken to a union rep who has put my mind at ease a little too. In fact they effed up completley really as I was receiving all the info 3rd hand (verbally) and decided to email them directly on Wednesday to clarify their intentions after being told the 'hearing' would be held next week. Well, someones head will roll because that very same evening, a courier arrived at my door with the official letter, various evidence documents (sickness record, docs certs etc) and a copy of the Capability Policy & Procedure.

The next morning I received an email from HR stating that I was correct, I should have a formal letter, and had I received the letter/documents sent to me. They knew I had anyway as I had to sign for the bloody thing!! So, now I have had official written notification, I have asked to defer the meeting for 1 week as they only gave me 3 working days to prepare. This at least gives me time to get my head back together and gather some evidence documents of my own.

They actually caused me a week of hell by not following the correct procedure in the first place tbh, but I am keeping my cards close to my chest and have evidence of how they have already failed in their duty of care to me. I will not produce this at the stage 1 hearing, but will keep it for future reference should I need to build a case against them. So, my saga continues....

I'm so glad things worked out well for you and really appreciate you sharing your story. Thank you, Kitti :hugs: x

isthisasgdasitgets

14-07-12, 23:42

Hi kitti, no need to say thank you...i still have my off days and wobbly moments but I try not to let it get me down...
It sounds like you have a good clear plan and I bet your company are probably a bit worried now... serves them right for not supporting you in the right way!!
Good luck with it all...stay strong :hugs:

kittikat

15-07-12, 00:03

suzy-sue

15-07-12, 01:24

Good Luck with it all kitti ..and well done for today ..:yesyes:..All the best hun ..Luv Sue x:hugs:

kittikat

15-07-12, 20:30

Good Luck with it all kitti ..and well done for today ..:yesyes:..All the best hun ..Luv Sue x:hugs:

Thank you Sue, your post means a lot to me :hugs: Kitti xx

kittikat

24-07-12, 20:07

Just a quick update.....

I have my stage 1 formal hearing this coming Thursday :scared15:

All this worry has had a profound effect on my general wellbeing. My doctor has signed me off work for a month as he is worried about my health. I am not sleeping well and I have lost a lot of weight over the past 2 weeks due to zero appetite. My mind is all over the place and I feel very emotionally detatched.

I am hopeful that once Thursday is over, I will be able to put all this worry behind me for a while at least.....

Thanks again for all the support. Kitti :)

Squiggle

25-07-12, 13:02

Dear Kittikat,
I hope it goes really well for you tomorrow. You'll probably find all anxiety dissipates when you're actually in the situation.
Best of luck!

kittikat

25-07-12, 13:08

Thank you Squiggle :hugs: I'm sure you are right. Kitti x

Zingything

25-07-12, 20:05

Good luck Kitti, this time tomorrow you'll be relaxing with a tall glass of plonk!

Zings :) xx

kittikat

25-07-12, 20:39

I sure will be Zingy :yesyes:

Thanks, your post and messages mean a lot to me :hugs: xx Kitti xx

Fadingrainbow

04-11-12, 18:16

Good luck, I have been through all this myself a few months back, I know how stressfull they are but unions are amazing and they are there to help you and support you, My union rep was amazing and if I did not have him I would of lost my job.

kittikat

04-11-12, 19:21

Thank you Fadingrainbow, I have recently attended my 2nd formal review and I intend to appeal the harsh outcome of that hearing. More stress :doh:

fozzy is crying

04-11-12, 19:36

Thank you Fadingrainbow, I have recently attended my 2nd formal review and I intend to appeal the harsh outcome of that hearing. More stress :doh:

I know but we know the reviews will get having some stress soon as well. :winks:

:yesyes:
:bighug1:

kittikat

04-11-12, 19:43

Thanks Fozzy :winks:

ElizabethJane

04-11-12, 19:56

I hope that you get the outcome you deserve Kittikat. EJ.

kittikat

04-11-12, 20:09

Thank you for the kind thought EJ....not sure how strong I am mentally atm, but it has to be done! :hugs:

pinkdove

05-11-12, 16:21

good luck kitti hope all goes well for you. i gave up my job because i could'nt handle the stress.....so well done !!!!

Laura123

05-11-12, 17:02

I think that's hideous to expect you to cope with such a situation right now. Big hugs and I hope you find the strength to cope with it hunni xx

Serenitie

05-11-12, 19:18

I'm thinking of you Kitti & sending you lots of love. I know you can do this, you shouldn't have to go through this at all. I know how difficult these hearings are from experience. I have every faith in you and I'm so proud of how far you have come. xxx

kittikat

05-11-12, 20:55

good luck kitti hope all goes well for you. i gave up my job because i could'nt handle the stress.....so well done !!!!

Thank you so much for your words of support Pink :hugs: xx

I think that's hideous to expect you to cope with such a situation right now. Big hugs and I hope you find the strength to cope with it hunni xx

Aww, thank you Laura, that is very kind. It has been a stressful time for me :hugs: xx

I'm thinking of you Kitti & sending you lots of love. I know you can do this, you shouldn't have to go through this at all. I know how difficult these hearings are from experience. I have every faith in you and I'm so proud of how far you have come. xxx

Cat, thank you hun, you have already helped me so much. I appreciate your kind words and encouragement :hugs: xx

Also to Gordon, thank you very much for your help with this. You have been a star! :hugs: Sahha xx

Just a quick update....I have submitted my appeal via email today, albeit a rather short one as they only gave me 5 days from the date of the outcome letter to respond (which incidentally I didn't receive in the post until 3 days after the date on the letter). Criminal. How does one with anxiety and agoraphobia have the strength and time to do all that is required in what is basically a 2 working day window? :lac:

It has caused me much anguish this afternoon, but I am feeling better now and really do thank you lovely people for your kind words and thoughts. It means such a lot to me. Thank you all.
:bighug1: Kitti xxxx

Sparkle1984

05-11-12, 21:27

That is very harsh of them to only allow you 2 days to appeal. I hope it all goes well for you. :hugs:

kittikat

05-11-12, 21:47

Thank you Sparkle, I really do appreciate your reply :hugs: xx