Please tell me if i am being U here Epilepsy, Suspension from work & a hard to work with boss

[KateSpade]

I've been debating asking about this issue for a while now, but as its gradually got worse and worse i really need some opinions.

Im sorry if its long, but please try & stick with it.

Right, so i joined a company at the beginning of november, and went out with my 'team' for a christmas night out in the middle in the spirit of socialising, ect. On this meal, my boss overheard me tell someone else i have epilepsy. They were asking if id driven here so to get to the point i said 'no i can't drive i have epilepsy'. I didn't think anything of it, until my next day back at work when my boss had reported that fact to HR, i was told it wasn't safe for me to work in the role I'm doing (admin role) and that they weren't sure what to do with me, but were considering suspension.

A couple of hours later i was told by HR that from this point onwards i was on medical suspension (full pay so it wasn't that bad) I was off work for 5 weeks and returned in the new year.

Now, since they found out about my condition, they have made the biggest deal out of it. They have bought me a gadget that goes off if it is tilted horizontally and rings through to my boss, HR and Health and Safety. If at any point this device breaks or stops working i am not allowed in the building if their is no-one available to 'buddy up' with me and sit next to me whilst i am doing my job. They have asked permission to write to my doctor to suggest more 'Epilepsy tests' as they put it. Up until this point i have been 100% co-operative. They also wanted a list of dates and times of the points i have ever, had a fit.

Their is a time during the week where i am completely on my own, apart from the security staff and HR. i understand the concern behind this point. however i am sat down all the time during my role and i the last fit i had awake was july 2012 and that is debatable as i was asleep in the car. Although not in a deep sleep. before that i cannot remember.

Now, since they found out i have epilepsy, they have done nothing but patronise me and treat me as if with 'kid gloves'. They have done nothing but call me in meeting after meeting to ask how my medical reviews are coming on, and if i have had any fits recently. I have only been back since the new year, but it is making me feel isolated and so, so patronsied.

(Their have been so many things, too many to mention)

Now this gadget that i have to wear is quite big, bigger than a cigarette packet and it goes off at every slight movement, it has to be sat on my waist, so clipped onto my trousers and it is uncomfortable.

over the past few weeks, i have got rather friendly with the HR director purely platonic and he has admitted to me that all these precautions are so that the company are not held liable if i have a fit and hurt myself in the building and sue them.

& the last little bit something slightly different but it has made me really frustrated.

Just as i started, quite a lot of people warned me about a certain person being really difficult to work with. She seamed to be really nice to me so i ignored what they said and continued to be nice & friendly in a professional way, rather than keep my distance.

Today, i had a meeting around a complaint someone had made about me regarding an admin error. I spoke to the person on the telephone and apologised and thought that was it. Now, it was a tiny, tiny mistake on my part i admit. But i have been actively working in the role for a grand total of 31 days. and most of them were 5 weeks ago.

So, in this meeting i was shouted at, patronised and told off for a good 45 minutes. i took everything on the chin and apologised profusely.

However upon leaving the meeting i ended up in tears, to which she reported me to HR and i got another telling off. Im not quite sure what for then, but it was obviously getting upset. I half expected the director who i thought was my friend to be neutral and here my side of the story, but he didn't at all.

Now: i clarified my epilepsy on my application form. & i was so upset in the meeting today, i couldn't get my point across at all and really embarrassed myself.

So, please tell me if IABU and offer any advice!

AnabelleLee- sorry if I offended, but I put the term in '' because I was trying to show how outdated, stereotypical and offensive the bosses views are (ie they are not thinking in terms of a person with epilepsy and are letting the condition override the person), and later in the sentence it slipped in due to my earlier use of the term iykwim.

Hombre- thanks for that, I'm struggling with finding the right words today and it was bugging me that I couldn't remember!

This is totally ridiculous. The frequency of your seizures is quite low and you say they normally occur on your sleep anyway?

Do look at the Epilepsy Action Website they have some great info about epilepsy in the workplace and the law regarding epilepsy. Those pages should give you some good advice on what you can do to sort this out. And I second calling their helpline if you want to talk it through with someone. You might also want to direct HR to those pages to educate them......

I would contact you Consultant Neurologist and/ or your Epilepsy Specialist Nurse if your hospital has one. More often than not they would be willing to write a letter to say that you are well controlled on medication and have infrequent seizures and that in no way should this affect your ability to do your job.

Sadly, the general population do not understand much about having and living with epilepsy and most people will have this over the top knee jerk reaction- expecting you to keel over every five minutes. I really hope you can convince them that it really isn't a problem.

Kate- just out of interest, did the apprentice know what to do in the event that you did have a seizure? For that matter, does anyone in the company? Only I know a lot of people, even first aiders, have completely the wrong idea about what should or shouldn't be done during a seizure (and of course it varies according to the individual's needs).

And I think maybe some education on the subject might help your bosses to relax, do you think that some of the OTTness comes from ignorance?

Kate - as someone else said, they are totally breaching the Equalities Act 2010 and you could take them to tribunal for victimisation and harassment. A lot of solicitors will give you some free advice, citizens advice are a good point of call - alternatively, get in touch with a local university which teaches Law as lots of them have "Law Clinics" which offer free advice / will write legal letters etc. Also, get in touch with a union!!! They will give you exceptionally good advice and, if necessary, take your case.

This is not acceptable. I'm really sorry you're going through this. They have to, under the law, make appropriate exceptions for you with regards to the epilepsy (e.g. flexibility with sick time maybe) but this is bullying. Not bordering on bullying, but bullying.

make appropriate exceptions for you with regards to the epilepsy (e.g. flexibility with sick time maybe)

If OH is off work after a seizure it is not counted as sickness absence in the normal way as it is related to a disability and as far as I'm aware this is the law not just his firm's procedure.

Im not sure chronically as they are really big on health & safety have been told they all done the relevant training. But i went through with them what they should do if i have a seizure at work.

I am going to ring up one of the epilepsy helplines, i will try to get that done tomorrow morning. I am off work now till Monday, thank god.

I am not with a Union, how do i get in one?

Sorry nothing useful to add, marking place as my dd has epilepsy and not looking forward to her having to tolerate this kind of crap :(

Sorry you are going through this KateSpade xx

Jesus - you have epilepsy - you are not going to self combust any second!

I think they are being ridiculous and completely over the top- I have no advice except for what is on here that you should seek further advice.

And good luck x

Start looking for something else. A company who can treat you this badly just after you've started and over something which is not your fault then they are not a company who treat their staff with respect. I can't see why you would want to continue working for such appalling people.

Agree entirely but be aware of SUDEP.Org

There are 3 deaths a day in UK through epilepsy. My best friend died 10 years ago because of a sudden seizure in her sleep.

Yes, i am aware. I am very sorry for your loss. I know that more people die from epilepsy than aids in the UK.

I think i am going to start looking for something else, i know its really odd to say this after all they've done but on paper they are a really good company to work for, its just the people in it.

You have my support and my sympathy. I have epilepsy too and my work are horrible about it.

Contact your union asap! If you're not in one, join one tonight. They are incredibly helpful when it comes to bullying bosses!

That is outrageous Op. :( It is definitely bullying and humiliation because of their fear and ignorance. My DS is 8 and has epilepsy - it is time more people spoke out about this condition, It is very common - 1 in 100 people have it and they can lead perfectly normal and fulfilling lives. Op you need to sue their fucking asses - bullies need to learn they can't get away with this shit. Good luck xx

I'm outraged on your behalf. Lots of good points made here from various posters. Hope you get sorted.

What is it that your work do Snail if you don't mind me asking?

As soon as HR was told i had epilepsy, i wasn't allowed to be on site or in the building. They wouldn't even let me finish till the end of the day,

now, if that is about 'My own personal safety' you would have thought that staying and finishing my work would have been okay, would you not?

Pretty sure you've got a case under the Equalities act, that's awful. If they do try getting rid of you they're going to lose more money via unfair dismissal proceedings than they would under insurance if you had an accident falling during a seizure.

I was working in an office with one colleague who had diabetes and another who had epilepsy, the only action our line manager put in place at all was that my colleague who had diabetes kept food in the office where we could easily find it for her, and she made sure we knew the signs that she was having a hypo and needed someone to get her something to eat. And we were working alone most of the time, driving out to appointments.

This is crazy! I have epilepsy and I'm a nanny, I'm left alone with someone else's kids for 12 hours a day. Your employers sound like they're being ridiculously overprotective!

Ask if they have an occupational health department.

Am certain you will be covered by the equality act. They are discriminating against you.

Their behaviour is outrageous

Wow this is shit.

For the benefit of Credulous I have poorly controlled epilepsy and frequent complex partials (TCs are rare). It has never ever been an issue in my place of work. So it does not have to be like this. That said my employers HR dept know jackshit about epilepsy or their obligations under the Equality Act, I happen to be a lawyer which helps.

All the advice you have had is good - call Epilepsy Action, call ACAS, get really sure of your facts and write a clear sraightforward letter outlining your rights as a disabled person with a protected characteristic under the Equality Act. Specify any reasonable adjustments you need to do your job (if any). And ask for a copy of their risk assessment that lead to the demeaning decision that you should wear an alarm at all times so you can forward it to your consultant for his opinion on whether it is an appropriate measure.

Take control sister.

Of course if you were working at height, or doing anything where other people's safety depended on you remaining conscious I'd be very sympathetic to the risk assessment argument. But you are in an admin role and the argument that you have to be protected from yourself so you can't sue them is pure unadulterated bollocks.

Do PM if it would help.

Ooh like at me with my sexism. Forward to your consultant for his or her opinion...

Tchah.

Sorry as you were.

Kate - Unison is a big union for public workers etc. Best thing is to type "area of work + union" into Google - there are loads. Try go for a large one. Give them a ring tomorrow and explain; they can let you know. So if you were a nurse (for example), you're type "nursing + union"

It's not the Equalities Act, it's the Equality Act 2010. Epilepsy would be classed as a disability (not perceived!) and your company has a responsibility to consider your health and safety and any necessary "reasonable adjustments" that would enable you to do your job. To me it sounds like they are being over zealous with their responsibilities, if you don't feel able to talk to them about how they are making you feel, can you get a union member to do it, a colleague? If you want to make it more formal then you would need to submit a formal grievance citing the fact that you are being harassed and victimised in accordance with the Equality Act. There is also potential for a claim of direct discrimination. It sounds like a re-referral to occupational health is necessary and some specialist advice on epilepsy in the workplace. If they fail to take note of your concerns and issues, and you have evidence of their unfavourable treatment of you, you would then be entitled to resign and claim constructive unfair dismissal (depending on your length of service) in an employment tribunal. You would have a time limit of 3 months less one day from your date of resignation to do this. In discrimination cases the burden of proof is on employers to prove that they didn't discriminate against you, rather than you needing to prove that they did. This makes it a very difficult issue for the company. Good luck.

I actually can't believe what I'm reading OP < more like horror!

I have to say, I was diagnosed in the 80's as a teenager and I have NEVER been treated like this (well apart from by by mum who would have liked me to wear a head to toe rubber suit so I'd bounce)

They are being utterly ridiculous and if you suing them is the catalyst for all this nonsense, then they're laying themselves wide open under the DDA aren't they? I suggest at your next 'meeting you suggest they read it. Have they even heard of it?

It's absolutely disgraceful, demeaning and most of all IDIOTIC!

I am so pissed off on your behalf

Kate - if you want to join a union you can use this link to search for one that covers your type of job. If your workplace is not unionised you still have the legal right to join a union and cannot be victimised for doing so. Most unions have a helpline you can ring for advice once you've joined too.