Court for disability work claim

[lifeisrubbish123]

Seeking some reassurance and the next sort of process.
So I have been off work since March with fibromyalgia, ME and mental health.
I have had continuous sick notes for work.
I had 2 absences meetings which the manager didn’t bring along another work companion like he should have fo witness the meeting.
The third absence meeting he did and the person accompanying Implied if I didn’t return I would be doing a formal absence hearing.
I have seen occupational health and the first two times deemed me unfit to work.
My latest sick note ran out end of September and I was awaiting occupational health to say I could go back to work and was awaiting the appointment, union advised work I shouldn’t go back until it came through but work forced me to go back when it ran out. Week later had my occupational health which stated I need to be moved to a admin sat down job. So work put me on paid medical suspension until they made decisions. A few days after this I fell and have torn my ATFL ligaments due to my legs struggling from being back at work. A week later they called me in for a formal meeting. I took the union. Basically they said they will try to redeploy but give it a week, we said no 3 months. Then they said 1 month. Anyways they then told me they wouldn’t keep me on paid medical leave because I had this injury but I would have just gone into work with my boot for the tear on if needed. Work believe they put me on light duties which they didn’t. Granted they did permanently reduce my days from 5 to 3. But the demands of the job were still the same.

Anyways union has wrote to them requesting I be put on medical leave so I recieved pay as run out of statutory sick pay, and that they give it 3 months to deploy.
They have rejected this. I also filled in the daily diary at work with my symptoms and issues and the manager did nothing about it.

So the union has gone back to them today as basically believes I am entitled to a claim for loss of wages due to the paid medical leave being stopped, that the injury was due to being forced back to work before the OH signed me off as fit.. and maybe disability discrimination. Told them if they don’t agree we will be going down legal route.

I was wondering if anyone had been through anything similar and did you get awarded and was it a substantial amount. I am a single parent so right now this is rubbish. I do get PIP xx

I work in education

How would you prove that you fell because you were forced to return? Is occupational sick pay (assuming that is what you mean by medical leave) limited annually?

Can you show that they made you do an active job, that directly led to the injury?
Also, I am sorry to are going through this, it sounds painful!

What's your employment term, how long have you been there?

@LIZS
So I was paid full sick pay and then went down to SSP.

Company medical suspension pay isn't limited and tbh I was literally on it 2 weeks before they held this formal absence hearing and said that they are making me go back onto the government SSP which I have no entitlement left

@DaftyLass
I have it on the doctors system that work have been unhelpful, going back to work caused issues and lots of pain with my legs which led to me falling down the stairs

@WeeOrcadian 2.5 years.
Thing is it's now the principle and the fact they have rid other staff they can afford redundancy so will get staff out however they can. But they are a academy school

sorry I’m no expert but it sounds like it would be hard to prove the cause of you falling down the stairs was work?

@User364837
It's not just this though, they didn't listen to OH, they aren't fairly trying to redeploy, they haven't followed procedures properly. Surely I can get something

Yes quite possibly, I don’t know much about that I’m afraid. Might be best to focus on those procedural things rather than the fall

Can't comment on the legal situation but you may be entitled to ESA an additional benefit.

www.gov.uk/employment-support-allowance

Are wanting to go back to work? Are you a teacher wanting to move to an admin role?

@WhereIsBebèsChambre
I work in a kitchen. I was previously a hotel and restaurant manager so know admin etc finances, so I know I can do the job x

@Octavia64 I do get LCWRA anyways

Surely whats on the doctor’s records is only what youve told them? If you were still not fit for work, why did the GP not continue to sign you off?

Did the doctor issue a fitnote requesting adjusted duties?

But do you have relevant qualifications? Working in finance for the local authority you'd need to have these?

There would also be a need for your employer to redeploy you to a completely different role. If they do not have an admin position, then you cannot expect them to create one.
Are you saying that the reason you fell down the stairs (presumably at home as you’d been placed on paid medical suspension) was because you had to return to work?

Was your fall at work? If not, I don't know how you can claim you were injured due to your employer's actions

@Soontobe60 I was threatened by work
It would have gone to formal
Absence meeting and we have prove with the unions email I shouldnt
Go backs
The doctor said he wokuld have done me a sick note but I was too scare of losing my
Job before the OH report.
The other day he said let him know and he will issue a fit note if required the day before my formal absence hearing as he was concerned but union has advised against it as believe they should keep me on medical suspension which means school has to pay me.

Yes I recieved a level 3 in hospitality and management which covers finances. But I also could work in the catering section doing orders, menus etc for the school

@Soontobe60
I was forced back to work, and I told my
Employer I as suffering really bad, it affected my legs badly and caused them to swell up and I mis placed n the stairs. I would spend the day after I worked in bed all day in pain,
I was put on paid medical leave the Monday for the foreseeable, The Thursday I fell, and then the following Wednesday they issued a formal absence hearing. So no I didn't intentionally do it to myself because I was due to
Go back

A few days after this I fell and have torn my ATFL ligaments due to my legs struggling from being back at work.

If you were off sick with fibromyalgia and mental health issues I think you will have an enormous struggle with trying to prove that your leg injuries were caused by you being back at work.

This is going to be a very lengthy and expensive legal journey if you choose to take it, and it's not at all clear cut.

Personally I would not risk it. How do you plan to pay for this when there's no guarantee you will win?

So you fell 6 days after you'd last worked in the kitchen?

I'm sorry op but I really don't think you'll get very far with this.

If you take them to a tribunal do not expect a speedy outcome or for it to be a pleasant, stress-free experience and don't expect them to give you a different job afterwards - you will have a huge black mark against your name. They certainly won't create a job just for you. In their eyes you have been off work for most of this year which will have placed strain on your colleagues as they can't easily employ someone for 'sick cover' and agency staff are expensive. Your fall was at home so they can claim that they were not responsible for it and you won't be able to prove (to a tribunal) that they were.

Personally I'd leave and get a job better suited to your ability to work, office based or part-time or whatever will work for you.

@TielEater unisok have told me I won't have to pay. And they feel with everything else that there is a case especially if I am sacked. I was just hoping others may have had something similar and can give me a idea of what they recieved

I should also add that another kitchen member is off after me, she broke her rib in the kitchen. she djsnr fill accident file in on the day but did a week later however the kitchen manager never did or record it, she now will actually never work again as it's developed as caused other things. They have also treated her unfairly, not communicated with her. There was one time I gave my sick note in and the manager never acknowledge it.

My depression came from the fact they employed my husbands ex wife as a meal
Time assistant to work alongside us and it's been turbulent with that over the last few years.