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Disability and workplace problems

30 replies

StripeyChina · 25/02/2019 15:57

After 15 years out of the workplace (combi ASD kids and my own health) I started a new job in Sept. It was a trainee position - I was way overqualified when I last worked but a big gap meant I was happy to have a fresh chance in a related field) I explained that I have major musculoskeletal issues (attended interview on double crutches) and am single parent to two kids with ASD. They said: 'happy to have you'.

But... it turns our that my physical working conditions arent great. My office is upstairs and there is much more travelling than I'd been told.
Work insisted on an Occ H report in Oct but have not actioned any of it. I became more run down, (anaemia and exhaustion) and was signed off. Work has been really sniffy about this.
They called me in for a meeting last week (said they would 'come to the house' if I refused to come into work) and spent an hour telling me that I needed a new Occ H assessment as I had 'illness not disclosed at interview'. I explained that my illness is a result of them not actioning the stuff in the existing Occ H report (see below) and they said there were not prepared to until I arranged Access to work and only if AtW also supported it. They said they wanted more medical evidence than my GP's sick note. After an hour I said I felt ill and wanted to end the meeting. They pushed me to sign the OH form there and then and have already phoned about it today.

Just re-read Occ H report.
Says my lower limb conditions count as a disability re Tribunal.
That I should have ground floor room as no lift and im on double crutches), individual fire assessment (i don't even know where fire escape is?), time off for medical appointments, shorter day, adjustment with workloads, no requirement to drive except 15m distances. None of which I've had.

Can anyone advise, please?
I am now on SSP but can't last for long on this. I am worried about resigning as cant claim UC then. They don't seem keen to fire me but won't offer conditions to work in that don't make me ill?

OP posts:
Lovethighland · 27/02/2019 22:48

Please speak to acas

Minimine111 · 28/02/2019 01:51

No - You could start a tribunal claim whilst you are still at work. Make sure you have everything you say to them in writing and insist that they reply to you in writing too. If you have to email them make certain you keep a hard copy of the email and forward the email to yourself.

When challenged employers will lie about their very existence if they could get away with it. Evidence is everything. Put everything in writing. If you have a conversation put that in writing ( Further to our conversation ….) -one of those.

You could get a solicitor to write a little note to them. Speak to your MP, your GP and anyone else you can think of so that there is a paper trail.

StripeyChina · 01/03/2019 18:37

Have spoken to ACAS and a specialist employment person at CAB
Both have advised me not to have 2nd OccH done as not new illness but symptoms brought on by their failure to implement reccs in 1st OccH.

Both also advised me to raise a formal grievance which I have done today. I will speak to GP early next week. If he will continue my sick note it will cover the 14 days work have to reply to the grievance as if they won't make adjustments I can't keep putting my health at risk by returning, I think.

OP posts:
Minimine111 · 02/03/2019 02:17

StripeyChina

Write to your employer again advising them of the symptoms of your illness and specifically the impact that those symptoms have on your daily life and what effect those symptoms on your work life. Make it clear to them that if they were to put in place, "reasonable adjustments" (which is their legal duty to do) you would be able to do your job.

Ask them that if they are prepared to put in place reasonable adjustments. A simple yes or no answer will do!

Provide any medical evidence you have, whether you've provided it before or not. Send everything by recorded delivery- it will be worth every penny.

Start a journal asap record the everything that happens to you during the day- DO NOT leave that journal at work - it will disappear and DO NOT tell anyone about it. Keep a copy of any correspondence you have with them and address the letter to your line manager, their line manager, operations manager the more the better. "Knowledge" and who has knowledge is crucial in such cases.

Also do not discuss your case with colleagues but if they ask give them a simple truthful answer as everything you say will go back to management. Good luck

StripeyChina · 03/03/2019 15:40

Thanks, Minimine111 i am signed off atm but if i go back, good idea!

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