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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to go on long term sick?

25 replies

PoesyCherish · 02/10/2018 16:54

I posted previously about being off sick due to pain. I have been trying to get equipment to help with this but they're not budging.

DP and I can afford to live on one wage but I feel bad and that I need to support myself. However I am in so much pain I am crying every day and really struggling to hold it together.

WIBU to go on long term sick and only consider going back if they make adaptations to my work place?

OP posts:
Lilimoon · 02/10/2018 17:09

Are you in a union OP?

starzig · 02/10/2018 17:43

Can you find another job perhaps. It is not fair on the company to have to pay for someone who isnt doing the job and not fair on colleagues that have to pick up the slack.

HoleyCoMoley · 02/10/2018 17:48

What adaptations will you need. Have occupational health seen you or your g.p. recommended how they can help.

LittleMissedTheSunshine · 02/10/2018 17:49

Equality act .. reasonable adjustments may apply if the condition satisfies the criteria for disability.

MrTrebus · 02/10/2018 17:50

@starzig wow hope you're never ever off sick!

OP it's not unreasonable at all, they need to make reasonable adjustments to your workplace now you are essentially disabled. If they're refusing go off sick then go via your union/solicitor until it's resolved.

Princecharlesfirstwife · 02/10/2018 17:50

Could you apply for Access to Work funding through DWP?

Jimmers · 02/10/2018 17:52

The key is ‘reasonable’ adjustments. Have recommendations been made by occupational health? Have management acknowledged the adjustments that need to be made?

MissusGeneHunt · 02/10/2018 17:55

I think I've seen your previous post, and most of the replies covered all the above. Am I right in saying that your employers won't even give you the basics? You've been to Access to Work as well, HR and (I think) you're either not in a Union or there isn't one available? There's a list of reasonable adjustments that AtoW have advised?

Are you therefore at the point of seeking legal assistance OP? Do you WANT to go back to your current post, maybe that's something to think about too.

starzig · 02/10/2018 17:58

Sorry Mr trebus but did not sound like the OP was talking about your normal week off to be made up the following week. She is actually deciding whether to take long term sick rather than leave so she can keep her pay for a job she isn't doing.

HoleyCoMoley · 02/10/2018 18:05

I think i remember your old posts, are you still looking for another job, didnt you just need a few things like a ergonomic chair and keyboard, did anyone have any advice about still being on your probation period if you go off sick.

MrTrebus · 02/10/2018 18:08

@starzig yes I gathered that but that's because she is now DISABLED and they are not making any adjustments. what else is she supposed to do?it's not a choice to just be off doing fuck all at home clearly. Come on.

starzig · 02/10/2018 18:19

I never actually said she should stay at home doing nothing. My very first line was asking that she could find a DIFFERENT job. One she could do with her abilities.

Seniorcitizen1 · 02/10/2018 18:20

As an employer I would do everything I can to make it possible for an employee to come back to work. I would ask them to attend an outside independent occupational health interview to determine what is needed to get them back to to work. The costs are likely to be far less than those that I would incur if having to recruit someone new. I value all my staff, and do not want them coming back too early.

zeeboo · 02/10/2018 18:22

Phone Access to Work.

PoesyCherish · 03/10/2018 07:06

Yes I've been to access to work. They're refusing to cover even the basics. I am looking for another job but that obviously takes time.

www.mumsnet.com/Talk/am_i_being_unreasonable/3378276-to-not-want-to-go-back-to-work-after-being-off-sick

I went back on Monday as was told they would actually be willing to put things in place. However after chatting to my boss on Monday, it turns out they won't. I am in work today but am just in so much pain and already taken some quite strong painkillers.

OP posts:
PoesyCherish · 03/10/2018 07:07

Sorry but they won't cover the basics I meant work. Access to work have recommended lots but work won't purchase any of them, even a keyboard/ mouse!

OP posts:
Candlelights2345 · 03/10/2018 07:12

Why won’t they purchase them for you?

PoesyCherish · 03/10/2018 07:40

@Candlelights2345 constantly changing reasons. First it was because they wanted to wait for occupational health recommendations, then when she recommended somethings they didn't want to purchase them until access to work recommended them. Now it's because they will have to pay for the equipment upfront and claim the money back and they're not willing to pay out any money.

OP posts:
Neshoma · 03/10/2018 08:09

I think I recall your last post too. Are they arguing over the term 'disability'? Are they saying you may not improve, even with the adjustments? What adjustments do you need? Sometimes it not equipment but the ability to WFH or come in later etc

The keyboards are not that expensive, but if I recall from work, the chairs can be £800 or more so I can see they want value for money.

I'm sorry but it sounds like they want to get rid of you. I would go to your GP and get a sick note and use the time to look for another job. However, if it's unlikely you will return to work you may have to hand in your notice/they will terminate. They won't pay long term sick forever.

PoesyCherish · 03/10/2018 08:15

@Neshoma I have posted a link to my previous thread just above.

As said above, their current reasoning is that they will have to pay for it upfront and claim the money back from access to work. I'm sure they could try and argue I may not improve with adjustments but my previous employment shows otherwise (similar job, had adjustments in place and had a similar sick record to non disabled workers).

I know they won't pay long term sick forever. I'd use the time to look for another job/ continue to push them to make the reasonable adjustments.

OP posts:
LakieLady · 03/10/2018 08:20

I'd say this puts them in breach of their duties under the DDA. Quite what you do about that, I'm not sure. I suppose it would be a matter for the Equalities Commission,

I can't believe that they simply refused to buy the equipment you need because they have to pay for it upfront. Have they put that in writing?
It's crazy that they won't even buy the mouse or keyboard, most of those are under £100, so hardly a huge amount. The chair could be a significant cost for a small company, the one I use at work was about £1,000, but it was bought for someone who subsequently left.

I have adjustments at work and they fall over themselves to be amenable, but then I work for an excellent employer who takes their responsibilities seriously and they are very flexible. Most of my work is done out in the community, I'd say less then 20% of my time is office-based, but I still have "my" desk in a hot-desking office.

I think they're behaving appallingly. I wouldn't go back until the adaptations are made, and I'd be drafting a very carefully worded (not stroppy, sort of "more in sorrow than in anger" tone) email explaining why.

MissusGeneHunt · 03/10/2018 08:25

OP have you queried their policies on this with HR? And as said before, it seems time now for legal advice.... Will you consider this?

MrTrebus · 03/10/2018 09:33

You definitely need legal advice I can't believe you haven't gone down that route already. Good luck OP

PoesyCherish · 03/10/2018 11:58

I've spoken to HR numerous times who have said they will not buy the equipment unless access to work covers the cost completely and upfront, ie work don't actually have to pay out a single penny.

Does anyone know if the NHS is any better with this sort of stuff? I'd love to work for them (rolewise rather than specific company iyswim) but I don't want to apply for a job and end up in the same situation I'm in now.

Re the legal route. I'm just not sure I have the energy to fight much longer Sad

OP posts:
OliviaBenson · 03/10/2018 12:03

I think with them refusing to make the adjustments they are discriminating against you. Can you talk to ACAS? They offer free advice. Some disability charities might be able to help.

But absolutely go off sick in the mean time. Doesn't sound like it's safe for you to work.

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