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Long term sick leave urgent questions

(12 Posts)
Littleoldme52 Fri 23-Jun-17 16:03:36

I work for a worldwide company and have done for 3.5 years. 18 months ago I was diagnosed with Rhuematiod arthritis in both wrists, and more recently osteoarthritis in my lower back.
My doctor has been signing me of since Oct 2016 whilst new medications are being tried. I am now on HUMIRA injections
So I have exhausted my SSP pay and am now on ESA and PIP.

Back in December my doctor advised returning to work on part time hours for three months. When I advised HR her exact response was " we dictate your hours to you, you do not dictate them to us " it was dismissed .

Other things have been when my supervisor found out that a colleague was helping me with heavy lifting (files etc). She stopped it and said that I was taking up to much of her time. It was 20 mins at the end of the day and I would help her with statement reconciliations etc, so it was a two way thing. I must add that it is a very toxic atmosphere and it did make me I'll at one stage losing over a stone in weight through stress.

I have had two meetings with occupational health and both times they agreed that part time hours would help and to change my mouse etc, again it hasn't happened.

Last part sorry

I want to leave my company
a) the lack of support and I don't want to go back
b) I have been in contact with Shaw Trust and they can help me re-train into another job completely where I will be using my hands a lot less.

HR want me to go for a welfare meeting but there is no point as I don't want to go back anyway.
My question is can I ask them to terminate my contract by mutual consent and for the fact that I do not want to go back can they force me into a welfare meeting.
I have already told HR that I cannot do a full time desk job, there is no other role for me.
I just want to leave and move on now
Many thanks

daisychain01 Fri 23-Jun-17 19:43:42

You may be able to talk with your GP about having your diagnosis of RA formalised as a disability and backdated to the diagnosis date? This immediately changes your status into one that is protected by Law. So the company prevaricating about the reasonable adjustments could be seen as them breaking the law if things escalated and you were to take them to a Tribunal.

Does your HR Dept know you have RA?

You don't have to attend the welfare meeting if you are currently signed off sick and do not feel physically or mentally able to do so. The fitness note is a legal document. They cannot force you to attend any work meeting if you are not well enough.

BonjourMeDarlin Fri 23-Jun-17 22:03:54

I know someone who called these people for help and they were really good.
m.acas.org.uk/

BonjourMeDarlin Fri 23-Jun-17 22:04:51

(They were in a very similar situation to you)

Littleoldme52 Fri 23-Jun-17 23:13:51

Thank you so much for your feedbacks. My doctor has been great and he is disgusted with the way my company have treated me, that is why he signs me of sick. He advised me to go to ACAS and I did but they wanted to charge me, at the moment have not got the funds to do this..
I just want to move on and start again

Littleoldme52 Fri 23-Jun-17 23:18:00

Just want to add that my company have been aware of my diagnosis since 2014

daisychain01 Sat 24-Jun-17 06:36:59

Btw ACAS don't charge. They are a government funded Conciliation service.

flowery Sat 24-Jun-17 08:03:58

If all you want to do is move on, you have a plan for training for alternative employment and you don't want to engage with your employer in terms of welfare meetings, why not just resign?

If you ask HR to terminate your employment because you don't want to go back they'll ask you to put your resignation in writing.

BonjourMeDarlin Sat 24-Jun-17 12:50:28

Yes my dad called them and they didn't charge, they were on the phone for ages and were so useful.

SamiZayn Sun 25-Jun-17 08:11:40

If you have an ongoing condition of 12 months or more you can be classed as disabled under the equality act. I would stay with your employer for now and potentially pursue a settlement with them.

Sunshineboo Sun 25-Jun-17 08:17:24

You are protected by law and based on what you have said here, your employer are not complying with their duty to make reasonable adjustments.

do you have legal cover as part of your home insurance? If so I would advise getting legal advice.

As they have treated you so badly, a compromise agreement should really include some sort of payment to you in respect of you agreeing not to take them to employment tribunal. But you need legal advice.

grumpysquash3 Sun 25-Jun-17 10:17:10

Not the point of the thread, but how are the Humira injections going? I used to work for the company that discovered Humira......

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