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

Did you have any issues with your knees before? If that what that is? I've torn my MCL and it's excruciating, it was during a very violent assault. I can't imagine how they could tear just from working normally, even in a manual job. It sounds horrible. But as others say, it might be difficult to prove your injuries were their fault. Unless it was an accident in the workplace in the straightforward sense. In which case you should be able to make a legal claim? It would be long and onerous though, and costly potentially.
If you are too unwell to work in that type of role then seek a job where you're seated.

You’ve been off work most of the year and now want to sue them?

OP if you're being represented by the union, getting advice from elsewhere (even when well intended) isn't really that helpful. You've paid your dues and they have trained legal professionals. Better quality support than the average well intentioned mumsnetter, and if they get it wrong you've got recourse which you don't have here.

My depression came from the fact they employed my husbands ex wife as a mealTime assistant to work alongside us and it's been turbulent with that over the last few years.
What?! Do you think they should check with all current staff if they have any issues with people before they offer a job?! That's bonkers!!

Long term staff absence is so difficult for schools. I'm
Confused are you now off again?

So you were off work for around six months, during which you had two OH assessments and two absence meetings.

Your doctor offered to do another fit note but you refused and returned to work on light duties for three days a week instead of five.

You had another OH meeting and they advised desk-based work only. You were put on paid leave while they looked for a deployment.

You then had an accident at home. Work removed the paid leave as you were unable to do your job due to the injury, so went back onto sick leave rather than medical suspension.

You want them to keep paying you for three months.

I can't see anything they have done wrong either legally or morally.

You sound utterly exhausting, why don't you put all this time and effort into finding a more suitable job, such as 'a admin sit down job'?

This, starting to think it's all about the claim, you're open that you can't do the job. Why should they have to pay you money because of this? You've had 9 months of money from them knowing you don't want to go back to work.

This is starting to sound like a grift...

@WhereIsBebèsChambre the head teacher asked my opinion at the time and I said it wasn't wise Ddue to ongoing issues. And tbh the kitchen manager and that also told her it was not a wise idea. I remained professional but she hadn't and it really affected a lot

@BobbyBiscuits
I fell and fell into my ankle and it crunched, it's my atfl ligament which is in my ankle. we thought ir was broken. The doctor has said I could walk on it with the boot so I was planning to do this for work

I want to work and I'm doinf my best. I have been advised to be redeployed so it isn't unreasonable to ask them to look into alternatives.

Yes I've been off but that hasn't been my fault, my depressions lead to self harming, I've been through counselling, pain rehab, lots of
Tesr. Even the doctor believes returning to work caused me to have issues with my legs. Having a week off after being back at work my body went into shock and with the pain I just became unsteady.

My union rep believe we have grounds on

'Ourr members medical suspension was predicated on the fact that the reasonable adjustments were not implemented on her return as agreed and that this was causing her condition to worsen, further, on receipt of the Occupational Health report she was suspended'

Failure to make reasonable adjustments when I returned to work

Unfair dismissal ad discrimination arising from disability.

I get PIP so this will help with that:

It's the principle that they haven't followed procedures throughout and now just expect me to leaves I want to remain in a school based job as it fits around my kids

@MeowCatPleaseMeowBack

The doctor went to reissue the sick note 30th but was told by school if I did this then I would be going through the process I am
Ultimately going through now anyways.

Then 7 days After I returned I finally got my 3rd OH

Are you able to give them an estimated time when you may be well enough to work again, so they can plan around your absence?

None of that changes what I said.

I don't think you're going to let this go because you sniff pound signs, but this really is a road to nowhere. Tribunals are massively stressful, take a very long time, and it you miraculously got a payout it would likely be in the low five figures. Your energy will be much better spent looking for a new job you can manage, or working out how you can live without a job.

@lifeisrubbish123 you poor thing. It sounds like you've been through a lot. Sorry, please excuse my appalling grasp of anatomy. Of course, it's not the knee. It sounds like you've not been treated great. Would you want to go to a tribunal ultimately? Would you ideally still work for this particular school? I hope things improve for you. I can see your trying your best to work as much as possible but there's a chance you could be overexerting yourself. If you reduced your hours would your benefits increase a bit to ease the financial burden?
Wishing you the best for your health and career x

You may have a claim if they sack you or if you leave due to their actions. However, there is something called 'the polky principle' which I think would severely reduce any award. Ask your union to explain this to you.