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!

Did "epilepsy action" give you any advice on how to handle the situation? I'll be honest and say that I know very little about epilepsy, but just wanted to wish you the very best of luck.

I have epilepsy as well as another illness and I teach in a secondary school. The head of my school knows I have epilepsy and I don't have tonic clonic seizures but daily absences. They just see it as part of me.

I also had status when I was pregnant with all three of my children and it made me seriously ill.

I would HATE to be treated like that. As an adult you are aware of how you feel and if I were you I would do something about it.

Exactly stress I am an adult, I have lived with epilepsy for the past ten years of my life & I know what is acceptable for me to do & what isnt!

They told me some things about the insurance, regarding the safety checks meaning once they have taken place, these mean they are covered. They have me the number for the equality helpline, which I will ring on Monday, as I'm away today, Friday & Saturday.

Kate your employers are bloody overreacting idiots. I've had epilepsy since I was 19 and I have never had to put up with the ridiculous things you're going through. I'm very fortunate, mine is well controlled and haven't had a seizure in 7 years. I've never had one in the workplace and I've had a good few jobs over the last 20 years, including admin.

Hi Kate, I'm so sorry to hear how badly you're being treated. I have epilepsy and have been treated unfairly in the past (by a major national organisation no less, unbelievable but it does happen). I'm afraid I don't have much to add to the great advice you've been offered already but I just wanted to remind you that you have done absolutely nothing wrong. During my ordeal, I was treated and spoken to terribly with the clear implication that I was somehow guilty of something. It took me a while to realise it was them in the wrong and only once I figured that out did I have the courage to challenge them.

You have the law on your side in the fact that your employer must abide by the Equality Act 2010. Citizen's Advice were very helpful for me, as were Epilepsy Action. As you declared your epilepsy in your application, they are obliged to ensure you are supported in your role and should make any reasonable adjustments if necessary.

I really hope things are resolved for you. It makes me furious that employers think they can get away with such blatant discrimination.

Reading back over this thread makes me see how far we still need to go regarding epilepsy and the public's perception of it. Why is it still considering so frightening when people with other medical conditions are not treated in this way? So bloody depressing :(

• considered - sorry

I still don't get why the employers are within their right to make the Op wear that device? I can't believe that Epilepsy action said that. Grr.

In the context of a health and safety risk assessment a fall alarm might be a proportionate response to the risk posed if the OP worked alone a lot and had frequent seizures and needed urgent attention if she did. In the circs it seems like an extreme over-reaction, especially as they don't seem to have done an occupational health referral.

From Kate's post it seems EA are saying asking her to wear a fall alarm is not unlawful in itself. It is the way it is done which counts. Which is true.

For some people some of the time it might be the best adjustment possible. If someone who worked alone with responsibility for others, like a teacher had TCs then a fall alarm might be the intervention necessary to enable them to do their job whilst keeping them and everyone else safe. But it isn't right for most people most of the time. In my case I have seizures which affect my consciousness but never cause me to fall so it would be utterly pointless.

Gosh

Awful

I have worked in 3 workplaces with someone with epilepsy, that I know of.

Not once have any of them been treated so contemptuously. And one of those was quite a high risk job, with some lone working.

What bastards. Hope you sort this OP

I'm glad you've got some good advice here & via epilepsy organizations. It's not at all right what's being done to you. They're discriminating against you, and the suspension is just shocking.

I'm still annoyed about everything, not as much but i just don't think this will be the end of it. & i don't want another HR meeting, not with him especially! GRR...

but i am going to just be as pleasant/polite as i can, take things on the chin and look for another job asap. Whilst ringing the equality and diversity thing on Monday. I know they will give me the advice, but if the situation so arrises again (which I'm sure it will) am i allowed to say i have been seeking advice about their behaviour in a meeting?

I would look at your formal greuvance procedure. This is a formal way to raise concerns and to ensure it is documented. If it went to a tribunal it is evidence that you tried to resolve it.

Right okay, that makes much more sense.

I'm just going to keep my mouth shut until I've decided what to do!

They need to get you am OH assessment as others have said because at the moment all advice they are acting on is pretty worthless as if asking for your GP records, most people can't make head nor tail of them.

If they don't have an OH they can use a private OH, they don't cost a huge amount for a one off consultation and will protect the employer a damn site more than someone googling,

They can also do workplace risk assessments, I always doing with H and S in tow, they know the workplace and environment and mostly tend to be sensible and pragmatic despite what the papers say.

Good luck

Kate, I'm truly shocked. I have epilepsy and have had for over 20 years. I've had one job where my boss was a moron and made inappropriate references to it - but I left there quickly.

I'm a solicitor and at neither of the two firms I've worked at have I ever been even asked about my epilepsy. I'm fairly well controlled (had first seizure in 7 years last May) but when I had a fit the only thing work were worried about was me (and my face). At no stage have I ever been asked to wear an alarm. I'd be furious.

I'm not an employment lawyer so my employment knowledge stems from uni days but I don't think you'd be able to pursue an unfair dismissal claim as you now need (I think) 2 years service but I think discrimination claims can be made regardless of length of service. I hope you consider pursuing a formal complaint. I'm sorry you're having to go through this. Given their love of H&S, you'd imagine they'd know stress can be a trigger and their behaviour is contributing rather than helping!