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markc1
markc1 Member Posts: 253
edited 14. May 2009, 08:49 in Benefits and Working Matters archive
Hello everyone...i have just joined and would like some advice.
I have just been diagnosed with oa in both my knees,right worse than left.I work full time and receive industrial injuries for an incident at work for an incident in my right knee which caused my arthritis to flare up.
I am having real problems with work(i am a prison officer) and am proceeding with a formal grievance because of the lack of support and help,i just wanted to make sure of my facts,i have been assessed with 14% disability in my right knee by industrial injuries and have early onset oa in both knees.I had a double arthroscopy in Feb 09 and am in constant pain still.I attempted to return to work but because i was limping they reffered me to occupational health(atos)and told me to return to the sick.I am due to go on half pay....please tell me this is discrimination??? :cry:

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  • colinone
    colinone Member Posts: 1,039
    edited 30. Nov -1, 00:00
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    Hi Mark, Not going to be much help i'm affraid i retired through arthritis about 3 years ago and had never really been out of work. I do know that the social should make your money up but with it being an industrial injury i'm sure you you get more money. My advise is go to the CAB they are very good and you will get the best advise. Welcome to the site hope to catch you round. Take care
    Colin
  • skezier
    skezier Member Posts: 11,333
    edited 30. Nov -1, 00:00
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    Hi Mark,
    Welcome to the site and I hope someone who is in the know will come along soon.

    When I got injured I worked for the NHS and the way it worked then was 6mths full pay, 3 moths half pay and 3 moths on no pay and then medical discharged. Are you in a union? I was though they weren't too helpful but they can advise you the law and the other thing maybe to get some legal advise either from a Solicitor or from the CAB if the union can't help. As you were injured at work you may have more 'rights' than if you hadn't been.

    Sorry I can't be of more help but I am sure others will know more. Nice to meet you, Cris
  • frogmorton
    frogmorton Member Posts: 29,424
    edited 30. Nov -1, 00:00
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    Hi Mark
    I think Cris is right - get some union advice. To me they can't 'make' you go off sick if you want to work. They need to prove you are unfit surely. Get on to the union asap. If not ring the acas helpline (number on their website).
    Good luck
    Toni x
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    Thank you all..i went back to work expecting to be on light duties..but then they told me i had to go back on full duties i.e i may have to be involved in restraining prisoners which i can't do!

    Does anyone know the answer to am i disabled question?as for union...........no comment!
  • frogmorton
    frogmorton Member Posts: 29,424
    edited 30. Nov -1, 00:00
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    Hey Mark
    have you looked at the other thread by Harley about the route work are taking? Might be a good link on there for you to try?
    Hope you are ok
    Toni x
  • bevman
    bevman Member Posts: 107
    edited 30. Nov -1, 00:00
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    markc1 wrote:
    Hello everyone...i have just joined and would like some advice.
    I have just been diagnosed with oa in both my knees,right worse than left.I work full time and receive industrial injuries for an incident at work for an incident in my right knee which caused my arthritis to flare up.
    I am having real problems with work(i am a prison officer) and am proceeding with a formal grievance because of the lack of support and help,i just wanted to make sure of my facts,i have been assessed with 14% disability in my right knee by industrial injuries and have early onset oa in both knees.I had a double arthroscopy in Feb 09 and am in constant pain still.I attempted to return to work but because i was limping they reffered me to occupational health(atos)and told me to return to the sick.I am due to go on half pay....please tell me this is discrimination??? :cry:
    hi mark i thought that employers had to make an attempt to help you with work ?i no what you mean about unions i have had no help off them but they have taken my money every month.Welcome to the site .
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    frogmorton wrote:
    Hey Mark
    have you looked at the other thread by Harley about the route work are taking? Might be a good link on there for you to try?
    Hope you are ok
    Toni x

    Thanks yes i have contacted th site and will let you all know how things progress :wink:
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    bevman wrote:
    markc1 wrote:
    Hello everyone...i have just joined and would like some advice.
    I have just been diagnosed with oa in both my knees,right worse than left.I work full time and receive industrial injuries for an incident at work for an incident in my right knee which caused my arthritis to flare up.
    I am having real problems with work(i am a prison officer) and am proceeding with a formal grievance because of the lack of support and help,i just wanted to make sure of my facts,i have been assessed with 14% disability in my right knee by industrial injuries and have early onset oa in both knees.I had a double arthroscopy in Feb 09 and am in constant pain still.I attempted to return to work but because i was limping they reffered me to occupational health(atos)and told me to return to the sick.I am due to go on half pay....please tell me this is discrimination??? :cry:
    hi mark i thought that employers had to make an attempt to help you with work ?i no what you mean about unions i have had no help off them but they have taken my money every month.Welcome to the site .


    You would think so...but they were so patronising and treated me like i was a piece of.......well you know what i mean!
  • eckstardeluxe
    eckstardeluxe Member Posts: 1,192
    edited 30. Nov -1, 00:00
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    Yes it is, discrimination doesn't have to be obvious to everyone, only the person involved. If they feel they are being discriminated against, then that means they probably are.

    You are highly likely covered under the DDA, I'd say definitely because your disability puts you at a disadvantage, you cannot carry out your duties as an able bodied person can. Keep notes of everything. Under the DDA (Disability Discrimination Act) the first step when you returned to work should have been an assessment of your condition and how it is likely to affect your work. At such an assessment due to the nature of your work, it would likely be suggested an alternative role, reduced hours extra breaks etc should be implemented. It is then in the hands of your
    Employer to go out of their way to ensure you receive exactly what was in the report. If they did neither an assessment or carry out the actions advised they are in breach of DDA guidleines and a Tribunal if required would likely find in your favour. Only if there was absolutely no way they could provide the suggestions would they have a leg to stand on, but with your Employer I'd say that is not likely.

    Follow your grievance procedures, if you are in your Union, take a rep with you to any meetings. Don't take family or friends, from experience I know how often this can affect an outcome. Try not to stress too much, I know it's difficult but trust me you have an excellent case here and remember YOU ARE RIGHT. Knowing this helps you to have the upperhand, having confidence that the law is on your side makes it easier. The Prison Service are in that small group (I am employed by same as you but in different field) that get the absolute **** kicked out of them at Tribunals because they should know better, they are Government, the standard that every other employer should try to be on a par with. They are supposed to be the Pinnacles of Health and Saftey. Be brave at meetings, let them know you will not be a pushover and will follow this through to the very end. It will unsettle them big style.


    Good luck, let us know how it goes, any advice, just drop me a line xx

    Eck
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    eckstardeluxe wrote:
    Yes it is, discrimination doesn't have to be obvious to everyone, only the person involved. If they feel they are being discriminated against, then that means they probably are.

    You are highly likely covered under the DDA, I'd say definitely because your disability puts you at a disadvantage, you cannot carry out your duties as an able bodied person can. Keep notes of everything. Under the DDA (Disability Discrimination Act) the first step when you returned to work should have been an assessment of your condition and how it is likely to affect your work. At such an assessment due to the nature of your work, it would likely be suggested an alternative role, reduced hours extra breaks etc should be implemented. It is then in the hands of your
    Employer to go out of their way to ensure you receive exactly what was in the report. If they did neither an assessment or carry out the actions advised they are in breach of DDA guidleines and a Tribunal if required would likely find in your favour. Only if there was absolutely no way they could provide the suggestions would they have a leg to stand on, but with your Employer I'd say that is not likely.

    Follow your grievance procedures, if you are in your Union, take a rep with you to any meetings. Don't take family or friends, from experience I know how often this can affect an outcome. Try not to stress too much, I know it's difficult but trust me you have an excellent case here and remember YOU ARE RIGHT. Knowing this helps you to have the upperhand, having confidence that the law is on your side makes it easier. The Prison Service are in that small group (I am employed by same as you but in different field) that get the absolute **** kicked out of them at Tribunals because they should know better, they are Government, the standard that every other employer should try to be on a par with. They are supposed to be the Pinnacles of Health and Saftey. Be brave at meetings, let them know you will not be a pushover and will follow this through to the very end. It will unsettle them big style.


    Good luck, let us know how it goes, any advice, just drop me a line xx

    Eck



    Thank you so much..you have no idea how supportive this reply is to me :)
  • eckstardeluxe
    eckstardeluxe Member Posts: 1,192
    edited 30. Nov -1, 00:00
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    Your'e very welcome Mark, as I said any help you need just send me a message.
  • woodbon
    woodbon Member Posts: 4,969
    edited 30. Nov -1, 00:00
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    Hi, I hope you really show them! I've just been retired on ill health by the Council. When was called in for the last stage meeting, I asked a Union rep to come with me and told HR and my manager in advance - they seemed a bit shocked :shock: but my husband, who had been with me before, couldn't make it and anyway I felt the time had come to be 'official'. Anyway, in the end the meeting went well and they offered me the best level of pension option possible. I think, I may to wrong, but as the Union where their it made a difference. :) I hope things work out for you. Love Sue
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    Just to let you know i have my formal grievance next week i will let you know the outcome :wink:
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    I am very similar to you,i am on half pay,i can't go back to work until i have an atos report,our hearing is called a capability hearing.

    You bring a fit note in.Then they say your not and send you home!

    One thing in my favour is having the disability award due to me being(what work won't accept) DISABLED !

    Its a crazy world we live in? :x
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