Forced to work in a position not qualified for and completely stressed

I

inasoup

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'A' was recruited by HSE and was working in a center treating kids with disabilities and has a good reputation as a paediatric specialist. 'A' has specialization in paediatrics (education/work experience) and the employment letter clearly states that it is for a permanent paediatric position.

After the center was disbanded a few years earlier, 'A' was deputed to a another organisation but had to report to a manager 'B' from the HSE and not the organisation he worked for. 'A' got very good reviews from patients there too. The organization that 'A' worked for wants him to continue there as they are very happy with the work done and even spoke to 'B' that they want 'A' to continue, but it was turned down by 'B'.

Then 'B' said 'A' will be made in charge of a another center (verbally, no documented proof), but a Junior was made the in charge instead. The reason given that the previous year 'A' was off work for few weeks on medical leave so 'B' cannot take risk in giving 'A' charge of center.

The "Junior" has specialized training in treating adults and has been made the supervisor for 'A'. And 'A" is forced to treat adults too along with kids. And the supervisor has been kind of bullying telling that 'A' does not know to work properly and always resorts to insulting.

'A" admits that he/she cannot treat adults properly as that is not the area of specialization. 'A' has been treating kids with different kind of disabilities like Down Syndrome, Dyspraxia, MS, and other disabilities for years and has specialized training in doing so . But now'A' has been forced to treat adults where the problems are back pains, neck pains and other age related problems which is not his/her area of expertise.

The manager 'B' send him to an health therapist for stress evaluation and the report of the therapist clearly states that 'A' has no medical problem and that his stress is only due to decisions taken by the management and once that is addressed there would be no problem.

Now 'A" is completely stressed because he/she can be framed very easily. If 'A' is told to treat an adult with some sensitive nerve problem, the patient will be at the risk of losing his life too and then the entire blame could be put on 'A'. So now his manager is threatening in a very polite manner that a letter will be written to the governing body mentioning that 'A' is not competent enough. This after seeing 4 months of work done in an area that 'A' is not qualified for and most importantly not recruited for as his appointment letter clearly mentions pediatrics. The very good work , appreciation and feedback received over the years with kids is completely ignored. ( If 'A' was bad, the previous organization wouldn't still want 'A' to work for them. )

What should 'A' do? A solicitor friend said that he doesn't even want to hear the problem as he represents the HSE himself.

'It looks like they are pushing 'A' to a corner so that 'A' has no other option but to resign. And they are tainting the good reputation earned over the years by treating kids who need specialized care. Everybody says they are purposely doing it as they no longer needs 'A' services and if 'A' doesn't resign, they may actually frame him in some way or another so that he may lose his license.

Is it a lost case and should 'A' just be a sitting duck and wait for the day he is sacked or can anything be done?

Whom can 'A' approach for help.

With the pay cuts happening over past few years even hiring a solicitor is difficult. So any meaningful advice is greatly appreciated.
 
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The solution is straightforward; the post “A” was employed to fill no longer exists. “A” should be made redundant and the employer should recruit a suitable person for the role that “A” is currently doing. The health service exists to provide for the needs of patients, not it’s employees.
 
The posts definitely exists because the organization 'A' worked for wants him there. If the post didn't exist why do they want him there? To entertain kids?

The contract with HSE for permanent position. The appointment letter mentions permanent and paediatrics. As far as I know permanent employees are not made redundant, they are just moved to other places where relevant post exists. And this this case, the posts do exist but still she is forced to work in a position for which she not not qualified.
 
Does A have a professional body, e.g. IASLT? What would their view be on the matter of treating people beyond A's professional capacity?
 
Yes, 'A' is an member of a professional body and so is the manager. And the manager threated that a letter will be written to them mentioning that 'A' is incompetent and not up to mark. 'A' has been doing courses run by the professional body and got certificates from them to update her skills every now and then to provide more specialized care to kids. And everybody has been advising 'A' not to write to them as they do nothing for employees and it can worsen matters further. But I feel 'A' should write but I really have no idea how the system works. So wanted real helpful advice on the way forward.
 

Is "A " a member of a Trade Union? If so she should approach them and detail her difficulties and ask the Union to intervene.

If she is not a member then I would strongly suggests that she joins ASAP , once Union becomes involved , from experience , I have found that management are often motivated to find a solution.
 
Can A not just refuse to treat adults stating that he/she is not qualified to do so. Let management open a disciplinary process as a result of this at which point A will be able to state the case that he/she is being forced to treat adults and he/she is not qualified to do so.

If A has a permanent contract and can not be made redundant then surely the outcome of a disciplinary will be that A is moved to a position which he/she is qualified to work in?
 
Yes 'A' is an member of IMPACT, but people who have dealt with them in past tell that they deal with so many different professionals that do not have set guidelines for specific professions and in the end nothing comes up. Can anybody suggest some Union that actually addresses issues. I have no experience with all this so have no idea what to suggest to my friend but can see the tremendous pressure and stress she is going through. So thought the best help my friend can receive at this point of time is to get some suggestions here as she really cannot afford a solicitor and the only solicitor she knows represents HSE.

Well the health therapist in the stress report mentioned that the stress is only due to the decisions taken by management and if they address it , there would be no problems. But the therapist referred to an independent counsellor and marked it high priority. Who in turn at first told that the problem my friend is facing is a genuine one and he will be calling a meeting of all the parties concerned as this was a genuine case worth studying and solution should be found for it as soon as possible. But a few days later backtracked telling that it is not so urgent and that he will talk to 'A' after 'A's meeting with another line manager scheduled few months down the line. But 'A' is scared she could be framed before that meet actually happens. Also 'A's friends has been telling her that many people have experienced these things earlier with the HSE and nothing comes out of it eventually. In fact somebody actually suggested that be a obedient slave and you will have no problems, but if they feel you are a threat, they will get you out in one way or another.
 
The contract with HSE for permanent position. The appointment letter mentions permanent and paediatrics.The contract with HSE for permanent position. The appointment letter mentions permanent and paediatrics.
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Which of the following situations applies?:

1. A's original contract/letter says A is a "General Employee" appointed to a permanent position and has been allocated to paediatrics.

or

2 A's original contract/letter says that A is a "Paediatric Specialist" who has been employed as such.

There is a huge difference between the two situations above. A lot of public servants are hired as generalist and allocated to specialist areas. This does not necessarily mean that they must work in the particular specialist area for life - their contract may allow them to be allocated to another area and they may have been originally hired because they have sufficient general skills/experience to be able to cope with such moves.
 
Original letter is worded 'Permanent Appointment Order' to permanent Office of 'Paediatric Specialist' with HSE in accordance with and subject to the qualifications and particulars of office prescribed..the initial assignment to be the kids service (this was disbanded later) but the letter mentions permanent office of paediatric specialist

does she have a genuine case?
 

The questions of stress and bullying are universal & all unions are well versed in dealing with same.

Your friend should seek a meeting with the professional Impact employee designated to deal with her area immediately in order to explore her options.

As I said previously once management are aware that a union is involved then the chances of arriving at a solution are greatly increased.
 
Which of the following situations applies?:

1. A's original contract/letter says A is a "General Employee" appointed to a permanent position and has been allocated to paediatrics.

or

2 A's original contract/letter says that A is a "Paediatric Specialist" who has been employed as such.

Original letter is worded 'Permanent Appointment Order' to permanent Office of 'Paediatric Specialist' with HSE in accordance with and subject to the qualifications and particulars of office prescribed..the initial assignment to be the kids service(this was disbanded later) .
 
I'm not familiar with HSE HR policies, but is it the case that the only realistic options open are to accept the new less than ideal role, or take redundancy? Is there a vacancy in paediatrics that A can realistically return to?
 
yes there are vacancies and she has asked for transfer too...nd got a reply that it will be looked into...but the everyday bullying is taking a toll
 
inasoup said:
yes there are vacancies and she has asked for transfer too...nd got a reply that it will be looked into...but the everyday bullying is taking a toll
Click to expand...

Can she not get her GP to sign her off for stress until she gets this sorted out?
 
"A" immediately needs to take legal advice and document all of this. A's dignity in the workplace has been disabused and his employer's behaviour is already tantamount to constructive dismissal. One cannot unilaterally vary the contract like this as far as I am aware and "A" should have stood her ground long before now.

Furthermore, "A" should have her being passed over for promotion investigated.
There is a possibility she may have been discriminated against on either age or health grounds, both non-runners under current employment legislation.

Let's turn Purple's advice on its head.

Only *if* "A"'s position had been made redundant would any of this behaviour by management have made sense. If such were the case then "A" would be entitled to a redundancy payment.

"A" is perfectly correct to be concerned about being asked to treat people outside her professional competence.
She should report this matter to her medical representative body and her insurer.

"A" urgently needs to get her act together and become aware of her rights under the Irish employment law acquis.
Here is a link she may find useful, but it is not a substitute for taking competent professional advice.

http://www.citizensinformation.ie/en/employment/equality_in_work/bullying_in_the_workplace.html

See also the several other issues raised in relation to her rights and also the Health and Safety legislation.
This is important both from her own point of view as well as her patients.
She could be culpable if her fears of making an error while treating adults materialised.
She should also become aware of the protections against victimization.

http://www.citizensinformation.ie/en/employment/enforcement_and_redress/victimisation_at_work.html

Can I strongly suggest that if she can make a case against this behaviour by her employer(s) under the Health and Safety legislation she sould do so.
It is quite a well regarded body of law and also quite well supported in the corollary legislation and means of redress.
All of her comments, complaints and concerns should be properly recorded.

http://www.citizensinformation.ie/e...ons/health_and_safety/health_safety_work.html

I hope this may be of some use, but please remember, this forum is not a substitute for taking professional advice.
A little knowledge can be a danerous thing, especially in legal and employment matters.


ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
Your friend should seek independent legal advise for their own sanity. If your friend is part of a Union they will have to address this issue.

Make sure that your friend takes control of the case and is not just a passive observer.

This type of nonsense happens all too often in the public sector.

Marion
 
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