Work Issue Query

handsup44

Can I get a yes or no answer to the below. In an one-to-one meeting with no prior warning of what was going to be asked...

1. Can a superior colleague assume that you are stressed and state that you may have limited time in your job as a result? Can they make assumptions about your mental health or other physical health?
2. Can a superior colleague ask for more medical details on a situation, even after a medical cert has been issued claiming an injury? Can they ask how exactly did it happen?
3. Can a superior colleague write down what you are saying about said medical condition without consent?
4. Can a superior colleague tell a person to basically reflect on their life choices (setting priorities straight).

This colleague does not know me as a person outside of workplace. Its a 9-5 job where the colleague being asked these questions is in charge of other people and recently suffered an injury. The superior colleague is an older male.

Younger colleague unsure of what to do. Working in the job 9 years with same superior colleague.

well first off you accidentally (I assume) let slip that this is about you personally. “This colleague does not know me as a person outside of work”.

but as for what you were asked..

1. Is it an assumption that’s completely false or one that bears some truth? The reason for asking, if there’s some truth to it then it’s probably less of an assumption and more of a conclusion based on what they’ve been seeing. If they feel that the job is becoming too much for them to handle they can of course advise that they may be looking to give them alternative workloads which are more sustainable.
2. Yes of course they can ask for details about what happened, if it was caused by the work their doing that would be important to know in an effort to mitigate it happening in future if at all possible. The thing is they can ask but you don’t have to answer either.
3. Again, of course they can write it down. Anyone at any time is free to transcribe details of any meeting. It would lead me to imagine this meeting was at the request of a manager or something and notes were taken so that there’s no confusion or mixups.
4. And absolutely if my supervisor felt that I was working too much and putting my health at risk they absolutely can and should tell you to cop on to be blunt about it. Part of any manager or supervisors job is to make sure the staff under them are happy and healthy (or healthy at least) and failing to do so is a breach of Health & Safety rules. I’d be upset to say the least if I noticed that people I work with were burning themselves to the ground and the seniors didn’t say or do anything.

Mrs OBumble

I'd broadly agree that the answer is yes to all of those.

Making assumptions could be dubious - but someone who is investigating an issue may well develop a theory based on what they've observed and then test this with you - and that could feel like making assumptions.

The rest of your questions are a bit strange TBH: of course notes can and should be made, of course injury causes need to be investigated - and the colleagues age and gender is irrelevant.

mm_surf

https://www.boards.ie/discussion/2058267002/work-issue-query

Mrs. O'B is close, but on your first question it's a "NO".

Even if they were medically qualified, they'd be barred from discussion/action without following relevant protocols. I advise employers in this situation to refer the employee to Occupational Health Services / Company Doctor. Usually something like "Employee, I think you may be struggling a bit with your work, I'd like you to see the company doc"

(same for suspicion of being under the influence)

Diagnosis/actual medical condition is irrelevant, effect on ability to carry out work effectively is. In other words, under irish legislation, the medical diagnosis has no bearing, but the symptoms and their effect on an employee's work does. (if that makes sense)

For example, it's not "the employee cannot use ladders because they have vertigo", it's "the employee should not work at height due to an increased risk of falling"

2 and 3 is a yes. Fairly standard.

4 is dodgy ground. Depending on the "life choices" is could fall under discrimination.

M.