To appeal this? (Work related - migraines & disciplinary)

[carelesswhisper27]

Hi - I've posted this over on employment but it seems to be quiet over there. Advice needed - thanks in advance.

here before about my migraines but things have escalated since then.

I've had migraines for 15 years and for the past 3.5 years have had to take daily preventative meds due to the number of attacks I get. For most of the time since starting the medication I have had them reasonably well controlled (3-4 a year).

I started a job just over 12 months ago which I do find quite stressful. Since I started the job I have had 8 incidents of sickness, 7 which were for migraine. Additionally 4 of those were over the course of a week period where I had kept trying to return to work and having more attacks, until at the finish my GP wrote a sick note and insisted I stay off work. During this cluster I suffered 8 migraines within a fortnight. This was three months ago; at the time I was invited to a formal meeting and we discussed my absences and no formal action was taken against me.

A couple of weeks ago I had another migraine - again I returned to work and again I had another attack which again resulted in two separate instances of sickness of a day each. My GP advised me to stay off and wrote another sick note for 2 weeks. I showed this to work but returned with agreement from my manager I should return as I had leave this week so could use that to recuperate.

I had to have a formal meeting and was issued with a first written warning. I'm worried sick; I can't control my migraines, I return to work as soon as I can every time I've had an attack and have used annual leave more than once to recuperate. I don't know what to do - in this position two more migraines and I could be sacked. Even typing it out now I am getting distressed and am in tears. Can they do this? Migraines were something I declared when I started working there. I have been as committed to work as I can be, any other sickness I power through because I know I can't afford it in case I get a migraine.

I am thinking of appealing the warning but worry this will give me a reputation of a trouble maker. I appreciate it is a business and they can only do so much in terms of support. However at my last meeting I expressed concerns that these attacks are not something I can control and was reassured if they continued work could look at reasonable adjustments. This was not mentioned this time and I didn't even question it I was so upset and shocked.

I just don't know what to do sad please help.

[carelesswhisper27]

Thanks all for the advice. I did appeal it and I'm having an assessment with occ health (external) and they want a report from my GP. Am glad I did it and even if the outcome isn't in my favour at least I know I tried! Thanks for all messages

[Albadross]

Cloudhopping I don't think anyone's misinforming - If someone has a long term health condition that affects them on a daily basis (which unless I missed something, this is what OP described) then it would normally be covered. Tribunal would look very unfavourably upon any employer who didn't look at adjustments, or didn't implement them after deciding they're needed.

[sallyjane40]

As several others have said, I'd ask ACAS, and if possible get the advice of a solicitor who specialises in employment law. Just because people know a friend who lost a job over illness, doesn't mean that a) Its the same as your situation or b) It was legally correct, and wouldn't have been found unfair by an employment tribunal. I appreciate that you don't want to make a fuss and be seen as a trouble maker, but I think it'd be worth understanding where you stand just in case.
Also, keep a really good record of all the dates and lengths of absence, doctors notes, and communication with your employer over this, plus any evidence you have that your work has been of a high standard and delivered on time. Lots of luck

[Cloudhopping]

Please posters, don't misinform the OP regarding the law's definition of a disability.

Migraine is not automatically classed as a disability under the Equality Act. If I was in your shoes I would ask your employer for an Occupational Health assessment as they will be able to give an opinion on whether it is likely to be classed as a disability or not. (Ultimately, they can only give an opinion as its for a court of law to decide for definite). Migraine is always one of those grey areas when it comes to disability due to the intermittent nature of the disease. OH can then advise on reasonable adjustments which may include allowances for increased sickness absence. However, at the end of the day, it's for your employer to make a decision on what's ' 'reasonable' or not and OH is only an advisory service. Most decent employers will put OH advice into place but some don't unfortunately.

Most small businesses will have some sort of access to OH so don't let that put you off requesting it.

Best wishes OP, I really feel for you.

[Whatthefreakinwhatnow]

I have a condition that is considered a disability and is covered by the equality act.

If I am ill as a result of this condition, I am referred to occupational health and my manager is advised of reasonable adjustments to aid me back to work, and may include a period of phased return or reduced hours etc.

However, thus doesn't mean that I can't be sacked as a result. If my disability impacts on my ability to provide regular and effective service, I can be dismissed under medical inefficiency.

Having your migranes recognised as an SUMC won't guarantee you keep your job unfortunately.

Push for a referral to a neurologist, there will be other treatments they can try with you and you may find they become more manageable.

[Mouikey]

absolutely what Albadross says... you don't have to declare when you originally apply (I never realised migraines were covered by DDA), but you need to formally tell them and ask for a OH referral so that reasonable adjustments can be made... And insist on the referral to a neurologist, they probably don't want to send you because of cost!

[FlipperSkipper]

Yes, Hughes syndrome is colloquially known as sticky blood, and there can be a genetic link. Get tested.

[Albadross]

This is covered as a disability under the Equality Act and so they legally must make reasonable adjustments. This might include a flexible schedule to allow you to make up time when you're well. If you've had OH recommend adjustments which haven't been implemented without good reason, then you have a discrimination case.

[Sameoldiggi]

From an NHS document (my bold):
The Equality Act 2010 defines a person as disabled if they have a physical or mental impairment that has a substanial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. ‘Normal day-to-day’ means things that people do on a regular or daily basis, such as reading, writing, using the telephone, having a conversa on and travelling by public transport. ‘Long-term’ usually means the impairment should have lasted or be expected to last at least a year. ‘Substanial’ means not minor or trivial.
The key thing is not the impairment but its effect. Some people don’t realise that impairments, such as migraines, dyslexia, asthma and back pain can count as a disability if the adverse effect on the individual is substan al and long-term

[aprilanne]

good luck with appeal but i doubt you will get far .my hubby worked for a major drug manufacturer and had a serious illness .after 6 months they said sorry illness interfering with you job .so its good bye after 30 year . after a year they can just fire you like that. migraine is not a recognised disability .i have suffered all my teen and adult life

[carelesswhisper27]

Thanks everyone.

After today's attack I have decided I mis appeal. If it is rejected its rejected. At least I know I've tried. Yet another day has been ruined by this bloody condition. Wish me luck!

[throwingpebbles]

Huge huge sympathies. It is a really tricky situation.

My DP gets a lot of migraines but luckily has flexi time at work so can usually use built up flexi time to take time off. Or I guess an alternative might be to negotiate a more flexible contract of some sort to reduce your hours a bit?

[AllegraWho]

I really feel for you. I ended up having to leave my job due to migraines and fibromyalgia.

You really need to go back to your GP and push for a referral. Your.migraines are not being managed by time off, you need to make GP understand this. In fact it could be argued that the absences are making them worse because they are causing you to be stressed about losing your job.

FWIW, triptanes didn't really work for me either. What ended up stopping them in the end was amytryptilline which was actually prescribed.for fibromyalgia, and that not until the dose was eventually increased to 50mg. I am still unable to work due to fibro, but my quality of life has improved immeasurably without the migraines.

Oh, and physio on neck and shoulder helped a great deal in the run up. Turned out I had a trapped nerve that kept triggering them.

Hope you manage to get a referral and get some help with yours.

[mirime]

Youremywifenow - hopefully the OP isn't on the combined pill as you shouldn't take it if you have migraines!

[carelesswhisper27]

Yes looks like it's back to the GP I go especially to tell them their theory is wrong - I have had another migraine this morning despite having this week off as annual leave. So all plans today are out the window as if I don't rest it off chances are I'll get another one in the next few days

Yes vegan, I think I will attach the post to any appeal I do write as I agree, I reread it last night and it explains exactly what happens and how it impacts every area of my life. Take today as an example. I was supposed to be visiting my friend in another city; haven't seen him for a couple of months, been planned for a while. Now I can't go because if I don't fully rest this migraine off I could end up having to take time off work next week.

Wolper - I have never seen that as part of the actual attack, more like a pre-drome, it occurs before an aura (which I always get). A bit like how I get incessant yawning right before - I can't talk sometimes for yawning. Not part of the migraine but I know if this happens one is pretty imminent. Next time I notice the speech issues I will take a triptan and see if that helps.

Re: Hughes syndrome, isn't that also known as 'sticky blood'. I ask because my grandma had that, is it genetic?

[mirime]

"I've asked for a referral twice in the past three months; my GP is extremely reluctant and says if they can be managed by having time off a referral is not necessary."

I would challenge this. When I was waiting forever for a gynae appointment the time off work I needed was used as a reason to push harder for an appointment.

[Youremywifenow]

I'm offering sympathy here rather than work advice. Your description is exactly like my migraines - the pain, vomiting and hangover. My pain is behind one eye and I can't do anything except lie in a dark room and try and sleep it off. I find some background noise helps like a ticking clock.
Don't affect work too much as they tend be be in the evening and gone by morning although I do have the hangover, eating something carby and sweet helps and paracetamol with caffine.

Mine are definitely hormonal, I get it the night before my period starts. Have you looked at your cycle and tracked when you get them? Maybe some hormone treatment like going on the pill without a break or coming off it if you're on it. I definitely get them less now i've had children and had none when I was pregnant.
Occasionally they are triggered by smells, esp. onions, garlic, leeks. Some people don't process them and produce a chemical smell and it's that which gives me a migraine. My partner gets onion breath and stopped eating them when he realised the smell really does make me ill. I can tell when he walks in the front door if he's eaten onions before he opens his mouth. Weirdly I can eat them myself no problems. I couldn't share an office with an onion person. So it may be worth getting checked to see if you are intolerant to anything.

Good luck, there is nothing as horrible as a full on migraine. It's not just a headache it's an altered state.

[pitterpatterrain]

^^ 100% agree littlefrogs

[3littlefrogs]

If your GP hasn't referred you for a consultant opinion, you need a different GP.

[3littlefrogs]

OP, if you haven't read about Hughes syndrome /antiphospholipid syndrome, do look it up. Some people who have severe, frequent migraines turn out to have this problem and need different treatment apart from migraine drugs.

[HarpyFishwifeTwat]

As someone who both suffers from horrible migraines and owns a small business I can see both sides of this. I know how impossible it is when migraines hit, all I can do is lie in a dark room and hope for sleep but at the same time we couldn't cope with a level of absence like yours.

Talk to your manager, explain that you've been working hard to identify and eliminate triggers and that you are doing everything in your power to tackle the situation. You really have to push for a neuro consultation, even if that means changing GP. I wouldn't be happy just to be receiving sick note after sick note with no signs of progress in treatment, but more importantly it's not helping you at all.

Are there ways to minimise the stress at work? If you need some breaks in the day to go for a 10/15 minute walk in the fresh air that would certainly be a reasonable thing to ask for. If they have already said they are willing to look at reasonable adjustments then go to them with some positive suggestions.

[MilkTwoSugarsThanks]

sameoldiggi - the problem is that within 2 years "it's not working out" is a valid reason for terminating a contract. The onus is then on the OP to prove that it was discrimination because of her migraines and that is very difficult to do and very stressful. It also takes a hell of a long time and is expensive.

It's not right, but it's how it is.

[VeganCow]

Your post on thurs at 22.58.I think you should print this off. Its explains in a very controlled and non dramatic way, how much you suffer. Some people think migraines are just a headache. It also explains how seriously you are taking it and the severe impact on not just work, but your life. Show it to your boss, and ask for a way forward?

[BombadierFritz]

You really really need a referral. The gp cant sort this but a specialist might be able to

[user1465823522]

And just wanted to add - one of my best friends suffers terribly from migraines so I've seen how debilitating they can be and how little you can do about them - it's really shitty and I wouldn't wish them on anyone.