Urban75 Home About Offline BrixtonBuzz Contact

Advice or experience of redeployment or return to work after long absence

Part 2

bizarre wanking accident
I'm at a bit of a career crossroads. I'm 49 and since I was 20 I've worked with young people in various settings, but after my son died in September I can't do it anymore. I've been on sick since September, due to go onto half pay this month. At this stage I intend to be off for another 5 months.

Luckily the service I worked for was taken back into a large local authority in October so there's chances for redeployment. I'm expecting I'll be offered some tedious job in Children's Services but I don't care much for the director and don't really want anything to do with his department.

My union rep seems ok and the manager I've never worked for is being supportive in terms of not wanting me back if I'm not ready but in 'keeping in touch' meetings I'm feeling the pressure is building to make a decision and tell them I'm not coming back to my old job. I've just started counselling so have said I'm using this to help me come to a decision.

My thoughts are all over the place tbh but veer between just wanting 'the easiest job in the council' to training for something completely new. After the TUPE I understand my T+Cs were protected for 3 years, so until 1/10/2021. If I can get a trade apprenticeship with them that might suit me, I think my brain needs something stimulating rather than something too mindnumbing.

Any advice on how to manage this situation? I don't want to be forced back too soon.
 
in no particular order -

ultimately, being signed off sick is up to the doctor/s, not your employer so bollocks to them. your union rep will be able to advise just what the policy is about people on long term sick, but i don't think they should be pressuring you either to come back too soon or to quit.

if you're in a position of not being in a fit state to work, you're possibly not going to be at your best to make a decision about the future just quite yet.

if you've gone on to half pay, it might be worth investigating any income related benefits (possibly housing benefit which isn't an all or nothing thing) and / or mortgage protection insurance or anything like that you have. and if you're in financial difficulties, the union may well have a benevolent fund or some such. (may not be an issue - don't know your household circumstances and don't want to ask here. just something to be aware of.)

The idea that TUPE protection lasts a fixed amount of time is an urban myth, and a lot of employers don't know what they are doing with TUPE. Having said that, a lot of law in this area has been made by case law not what it says in the original act of parliament. Broadly speaking, as with any contract of employment, it continues indefinitely, but employers can seek to change terms and conditions, or offer some incentive for you to go on to new employer T&C, but in some cases you can say 'no' to such changes.

Are you on local authority T&C then got TUPE'd out, then got TUPE'd back? Or are you on external provider T&C? in which case local authority terms may be better anyway. Either way, your 'continuous employment' (for anything like probationary period, sick pay, holiday entitlement, redundancy pay if it comes to that) will be the date you started with original employer, not the date you transferred.

If you're now eligible for local authority pension scheme, that's one reason for trying to stay put rather than getting out altogether.

I can't offer any thoughts as to what sort of work you will want to do / consider when you're feeling a bit better. Generally speaking (but not always) local authorities will make an effort to re-deploy people who can't continue in their old jobs for health reasons. But as I said, I'm not sure you're quite ready to make a decision about it all yet.

Hope things start to get better for you soon.
 
in no particular order -

ultimately, being signed off sick is up to the doctor/s, not your employer so bollocks to them. your union rep will be able to advise just what the policy is about people on long term sick, but i don't think they should be pressuring you either to come back too soon or to quit.

if you're in a position of not being in a fit state to work, you're possibly not going to be at your best to make a decision about the future just quite yet.

if you've gone on to half pay, it might be worth investigating any income related benefits (possibly housing benefit which isn't an all or nothing thing) and / or mortgage protection insurance or anything like that you have. and if you're in financial difficulties, the union may well have a benevolent fund or some such. (may not be an issue - don't know your household circumstances and don't want to ask here. just something to be aware of.)

The idea that TUPE protection lasts a fixed amount of time is an urban myth, and a lot of employers don't know what they are doing with TUPE. Having said that, a lot of law in this area has been made by case law not what it says in the original act of parliament. Broadly speaking, as with any contract of employment, it continues indefinitely, but employers can seek to change terms and conditions, or offer some incentive for you to go on to new employer T&C, but in some cases you can say 'no' to such changes.

Are you on local authority T&C then got TUPE'd out, then got TUPE'd back? Or are you on external provider T&C? in which case local authority terms may be better anyway. Either way, your 'continuous employment' (for anything like probationary period, sick pay, holiday entitlement, redundancy pay if it comes to that) will be the date you started with original employer, not the date you transferred.

If you're now eligible for local authority pension scheme, that's one reason for trying to stay put rather than getting out altogether.

I can't offer any thoughts as to what sort of work you will want to do / consider when you're feeling a bit better. Generally speaking (but not always) local authorities will make an effort to re-deploy people who can't continue in their old jobs for health reasons. But as I said, I'm not sure you're quite ready to make a decision about it all yet.

Hope things start to get better for you soon.

Thanks

Financially I'm ok thankfully. Going onto half pay isn't worrying me too much in fact it'll maybe make me see what options might be open in terms of maybe taking a pay cut or going part time. I think the 3 year protection was written into our transfer in terms of staying on the T+Cs I was on with my previous employer and colleagues have had some confirmation of this so I think they might be on dodgy grounds treating me differently?

I'm in the LA pension scheme and I'd like to build up some money in there so like you say I want to stay with them really.

I know my head's still in bits (GP has talked about a possible PTSD diagnosis) and I usually come up with a new scheme every few weeks. It's probably not them pressuring me as much as me putting myself under pressure. It's something I can sometimes ignore when I'm in the 'take every day as it comes' headspace, but on other days I feel I need a plan and this idea came up when I was talking to friends at the weekend. I've had 2 OH reports so far. Union rep has told my boss we don't care what they say in them and that I'm not going back until I'm ready.

Thanks again for taking the time to reply. It's much appreciated.
 
I think the 3 year protection was written into our transfer in terms of staying on the T+Cs I was on with my previous employer and colleagues have had some confirmation of this so I think they might be on dodgy grounds treating me differently?

if it's been specifically written in that no attempt will be made to change T&C for X amount of time, then guess that's fair enough - although depends whether you read it as "we will not even think about changing for 3 years" or "we intend to change at the 3 year point"

having said that, some employers will make promotion (or if they are particularly vindictive, pay rises) conditional on transferring to new T&C.
 
So sorry to hear about your loss Part 2. I have nothing to add to Puddy_Tat's advice, except try not to put pressure on yourself. You have been through a trauma. Hope you stick around and explore other parts of urban.
 
Back
Top Bottom