help! need positive vibes

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  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    thanks Chris,
    your continued support and the messages from others here on the forum means a lot to me; helps me to keep going. bless you x
  • bertyboy
    bertyboy Member Posts: 1,860
    edited 30. Nov -1, 00:00
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    i am pleased to say what an inspiration you are Dorcas i am sure to many , its people that are persistent like you that hopefully will help others , good luck in all you do xx
    I know i am a lady ,all life is a journey xx MAY xx
  • dorcas
    dorcas Member Posts: 3,516
    edited 11. Dec 2009, 18:52
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    thank you all so much for your encouragement; I really really need and appreciate it.

    I have now spoken to the Equality and Human Rights Commission helpline; they are encouraging me to raise a grievance against my employer (with support from the union) and to make a formal complaint through direct gov's own complaints procedure regarding the mishandling by Access to Work of my ATW assessment. Only if I have gone through direct gov's own complaints system can I then take it further through the Commission.

    The Commission are also sending me the Code of Practice which employer's are bound by legally when dealing with an employee who has a qualifying condition under DDA and a questionnaire for me to complete and give to my employer about my disability (not sure exactly what that is for but will let you know when I see it).

    Also, a booklet for me which will take me through the process I need to follow, step by step, to prove what 'reasonable adjustments' I am entitled to.

    (think I might need a Philadelphia lawyer for that lot)':roll:'

    They have registered my 'case' so that once I've done all of that (gulp!:shock:') I have to phone the EHRC helpline back (unless of course someone waves a magic wand and everything falls into place for me at work).

    If anyone out there has gone through this process with enlisting ECHR please please let me know....

    Good news! I met the IT guy yesterday and he is putting forward his recommendations with a list of what I need to ATW; they have to pay for all of it- light weight laptop, digi pad, voice recognition software, live pad something or other! he is also recommending a scribe......
    It is truly amazing what gadgetry is out there if you know who to ask (and someone else pays for it) ! turns out I don't need my hands after all!!

    Also my employer's have approved the OH company's OT specialist doing a work place report...don't know how soon, but fingers Xed

    Sorry to be so long winded...but it really helps me to share this with you..thanks again for listening and for words of support. Iris x
  • chris7
    chris7 Bots Posts: 2,696
    edited 30. Nov -1, 00:00
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    Still listening Iris

    Couldn't agree more with bertyboy above. I am sure you are giving alot of inspiration to others who read your posts but don't feel able to comment. Keep us in touch.
    Take care
    Chris
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
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    Dorcas you truely are an inspiration to me and have managed throughout all this to help and support and advise me with what's been going on in my life too.
    Don't ever underestimate the good you are doing not just for yourself but for others by acting as such a great role model. I for one could never be fed up or bored listening to what's happening with you and find your courage commendable.
    With all my heart I support you and everyone else who is struggling and wish you strenth and health to fight your battles.
    You hang in there, you are on what may well be a long path but you are already seeing some benifits, I'm sure you have so many folk here rooting for you, as has already been said, perhaps not all of them post. Good luck.
    big gentle hugs
    rita
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    thank you so much for your very kind words... I am quite moved by everyone's comments and support ':oops:'

    If what I am doing gives strength to others then I am truly humbled. thank you folks... Iris x
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    Hi folks out there,

    I decided to write to my MP, Tom Clarke, today. He piloted his own private member's Bill to help people with disabilities, so I thought he would be a good person to raise the whole issue about how folks with arther are being treated in the workplace.

    I used my own experience of this nightmare I'm in, called 'return to work', and how the system for accessing 'reasonable adjustments' under DDA isn't working....':roll:'

    I also suggested he have a look at this Forum to read about others' experiences of workplace discrimination...

    If anyone wants to read my letter to Tom Clarke then send me a pm...it's too long to put on this message board but I'm happy to share it if it can be of help to anyone else...... I'll take out any names etc..to protect the innocent!

    (assume that's ok with the mods??) Iris x
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
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    I would never before have realised just how difficult it is for folk who want to work when they have a disability, to be able to do so. You have highlighted so many problems that you and no doubt others are facing in the workplace. Unfortunately you've had to go into battle to avail of the rights that are yours by law.
    I can only imagine the huge amount of stress this is causing you and we want to support you any way that we can.
    I'm sorry to hear Arthur is not responding well to treatment at the moment and hope he settles down soon.
    I'd certainly like to read your letter if you have a chance to pm it to me.
    As always I wish you all the best in the world.
    rita
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    thanks again Rita.
    words of support are lifeline to me at the moment; helps me to keep on going.

    will pm the letter . Iris x
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    Hi folks,

    I received some very useful reference documents from the EHRC today.
    Firstly

    ' Proving Disability and Reasonable Adjustments. A Worker's Guide to evidence under DDA'

    this contains a huge amount of useful information on what employer's are obliged to consider and even better a list of what the reasonable adjustments might be in relation to peeps with Arthritis. It also gives examples of how to prepare a grievance or present a written case to an employment tribunal.

    Secondly

    Code of practice: Employment and Occupation.

    this explains how disabled peeps are protected from discrimination in employment.

    They are lengthy documents but very helpful and not full of too much jargon! Worth a read for anyone involved in trying to understand and exercise their rights under DDA or like me are in the midst of a dispute with their employer.

    You can access them via the EHRC website
    http://www.equalityhumanrights.com

    Iris x
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
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    That link and the relevant info is excellent Dorcas. I've bookmarked it and had a little read through it. I'm sure it's reassuring to more folk than just me to know what our rights are.
    Best of luck, hang in there.
    rita
  • dorcas
    dorcas Member Posts: 3,516
    edited 18. Dec 2009, 03:42
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    dorcas wrote:
    Hi folks out there,

    I decided to write to my MP, Tom Clarke, today. He piloted his own private member's Bill to help people with disabilities, so I thought he would be a good person to raise the whole issue about how folks with arther are being treated in the workplace.

    I used my own experience of this nightmare I'm in, called 'return to work', and how the system for accessing 'reasonable adjustments' under DDA isn't working....':roll:'

    I also suggested he have a look at this Forum to read about others' experiences of workplace discrimination...

    If anyone wants to read my letter to Tom Clarke then send me a pm...it's too long to put on this message board but I'm happy to share it if it can be of help to anyone else...... I'll take out any names etc..to protect the innocent!

    (assume that's ok with the mods??) Iris x


    A wee update for anyone following this thread.

    I received a very supportive letter back from Rt Hon. Tom Clarke, MP yesterday saying that he wants to help, asking me what I want him to do on my behalf and will act immediately.

    After having a very painful few days at work this week I again contacted the union yesterday ....and also e-mailed Head of HR asking them to advise on what could reasonably be expected of me whilst the commissioning and outcome of assessments... and appropriate provision of 'reasonable adjustments' under DDA are discussed/ agreed/ facilitated.

    I also questioned whether my employers are discharging their 'duty of care' towards me in an appropriate manner given that I am working (trying to work) in an environment that is not adapted to my needs, undertaking tasks that cause pain, and where no Risk Assessment has been carried out to ensure my well-being or safety.

    I then refused to go into work today....

    I heard from the union this evening that having met with HR they are instructing my bosses that I am not to attend work, and to be on full pay at home, until the adjustments etc are in place! this is not to be on my record as sickness absence ! Hooray!!!':mrgreen:'

    My challenge to my employers regarding not being invited to attend the case conference they are having with OH on 22/12/09 to discuss my case has fallen on deaf ears...the union also raised it but employers say it is a 'management tool' and employees have no 'right' to attend...':roll:' I will be e mailing head of HR tomorrow to get that in writing before considering what else I can do or at least to have it recorded for later 'use'.

    I got a call from Jobcentre plus depute manager regarding my complaint against the DEA and the mis-handling of my ATW assessment; he agreed that they were guilty of a breach under Data Protection when they released the full ATW report to my employer. He also agreed that the original assessment fell far short of what was required under DDA and is both investigating the complaint and having my needs re-assessed! ':!:'

    I am so relieved that at last something positive is happening and that I have not been stressed out for nothing.

    Hope other peeps take heart and keep on fighting too. Iris x
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00
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    Far from you thinking this tread is 'boring'....I actually think it is one of the most usefull i have ever read... :D
    I am due to go back to work soon( RA mainly in foot and knee) and my job is standing all day :shock:
    I have been of 7 months and have spent a lot of time looking at DDA as ideally i need a job where i can sit down...my company have already told me that those postions dont exist in retail....
    I have just completed my 25 years service and no way am i going to just leave my job!!!
    I have so much respect for you...its so much harder to fight to keep your job then give up and let them win....
    I will keep an eye on your post and will prob be asking for your help at some point...
    love
    Kay
    xxx
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    Thank you so much Kay for your very kind words of support... and please if I can be of any help in your own return to work situation just let me know...if you'd rather PM me, then that's ok too. Iris x ':D'
  • chris7
    chris7 Bots Posts: 2,696
    edited 30. Nov -1, 00:00
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    Hi there

    I'm still listening Iris.
    Sounds like you have a good union fighting for you, as well as your MP. Keep us posted. Hope you are feeling better with each little victory.
    Take care of yourself.
    Chris
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
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    Iris I'm absolutely delighted that you are getting somewhere with all your troubles. It seems that people are sitting up and taking note and I hope with all my heart that you can get back to work and they make whatever changes you need to facilitate this.
    We are all behind you and keeping everything crossed for you. Hope you can relax a little now you are off and do take good care of yourself. It's a busy time for anyone this Christmas time never mind for you with everything that's been happening.
    I hope Arthur has settled down for you and you are feeling a little better. Get lots of rest and be good to yourself.
    bye for now
    big hugs rita
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    I have been in hospital for a few days over New year due to kidney problems associated with my wonky immune system....c'est la vie!

    feeling a whole lot better but getting an earful from my docs about not looking after myself.....honest answer is I don't pay attention to the 'signs' until it's acutely obvious (even to me) and then hospital admission becomes unavoidable.

    Nice to be back on the forum though and catching up with what's happening and give any peeps still interested a wee update on my work situation.

    Things are moving a pace now and jobcentreplus are bending over backwards to try to right the abysmal service I've had from AtW...I think my lodging a formal complaint has had a lot to do with their attentiveness; that and the breach under Data Protection that the Information Commissioner's Office are now dealing with.

    The Disability Employment Adviser has been 'taken off the case' (thank goodness) and the jobcentreplus Manager and her Depute are now dealing with reviewing my application.

    They have been discussing with me what supports I need to keep me in my current job and the funding has just today been approved for a Support Asst Post- 25hrs per week to provide driving, job aide, and note taking for me; in addition to the IT package already agreed.

    I can choose if I so wish to undertake employing someone myself; or if not, my employer can employ someone or use an agency. Bottom line is that the funding is not for the employer to use but for me to decide how best it can be managed; it's a fine distinction but an important one!

    The manager was careful to advise me that this is a support package and not 'reasonable adjustments' under DDA, and that my employers are still obliged to consider what 'reasonable adjustments' are appropriate through the OH route.

    I have the OH/ OT assessment on Wednesday 13th Jan and the assessor, whom I've spoken with, seems to be on the ball....I dare to hope that this will be a more professional and productive assessment.

    I am still annoyed at not being at the meeting that my employer had with OH doc before Xmas but have registered my views on this and will be pursuing it! I did submit a letter to the OH doc the day before the meeting, with two reports from my rheumy and orthopaedic consultants, and my own assessment of what could be done to support me in my current job.

    At my employer's request, I am still at home on full pay until all assessments are completed and recommendations etc are in writing. This will be followed by me meeting with the OH doc again to decide, as my employer put it, on the 'best way forward'.

    thanks for everyone's support. I am still fighting! Iris x
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
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    Dorcas, so sorry to hear you've been unwell again and in hospital. We've missed you off the board but I thought it was because of the holidays. Glad to hear you're out again and hopefully feeling a good bit better. Especially with everything that's going on, you must take good care of yourself.
    That's great news that work are setting up such a good package for you and that now things seem to be working out better for you. Hopefully this will continue and you will find someone who you can work with for those hours who you get on well with.
    As always, it's so good to hear from you and find out what's happening. You have been fighting a big battle but you are inpiring the rest of us to fight for our rights and what we need.
    Take good care
    rita
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    Thanks Rita!

    If there's one thing I have learned through all of this it's that you have to find out exactly what your rights are and then be prepared to stand up for yourself, no matter what.

    I know I would not have gotten this far without pressing all the right buttons; the fact that I contacted the union, my MP, EHRC and Information Commission...and had support from this forum and helpline... let my employers and Jobcentre Plus know that I meant business and would not simply accept duff assessments and incompetence(s). Nor was I going to be moved out of my job without a fight, or be 'put out to pasture'.

    But essentially you are on your own with it...even the union had to be kicked in the 'proverbial' from time to time to keep them focussed and acting on my behalf....and it is exhausting......! It is also very frustrating to be a 'victim' of agencies who are supposed to help but are not doing their job properly; especially when they wield such power and are the gateway to support.

    My battle is not over yet and the OT assessment and OH docs are next, followed by a meeting with them all!.

    The fact that there is more deterioration in my joints due to arther isn't helping ! They tell me the total wrist replacement surgery may well have to be brought forward which might scupper everything! .

    Thanks for your encouragement and support these past few months.
    If I can help anyone else in the forum with understanding the process of how to exert your rights, then I am more than happy to do so. Iris x
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
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    Dear Dorcas I know that at the end of the day, you are on your own. You are the one who has to initiate everything and meet these people and doing all this while you have such ill health is far from easy. You have shown that you are much stronger than they think and are truely an inspiration to us all.
    Hold on in there as best you can but you don't always have to be a strong amazonian woman. We are all here to listen and help any way we can.
    big hugs rita
  • bertyboy
    bertyboy Member Posts: 1,860
    edited 30. Nov -1, 00:00
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    nice to hear from you Dorcas i hope that 2010 is a better year for you in every way possible , you give so many the hope that the fight is worth fighting xxxx
    I know i am a lady ,all life is a journey xx MAY xx
  • penfactor
    penfactor Member Posts: 366
    edited 30. Nov -1, 00:00
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    Hi Iris
    I really take my hat off to you for being so strong through all this. I've got a problem now with my employer & have asked for some advice here too. My trouble at the moment is that Dad is very ill & does not have very long left so I just don't have the strength or clear mind needed to deal with all my manager is saying.
    love Pennie X
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    Thank you Rita, Bertboy and Pennie for your support. Without the forum I don't know if I would have had the courage to fight and without your advice and reading others' stories and sharing of experiences I certainly wouldn't have known where to begin!

    I know Pennie that things have moved on since you posted on this thread and that you have a lot to deal with just now (I've answered your post). keep in touch and let us know what we can do to help. PM if that would be easier for you. Iris x
  • chris7
    chris7 Bots Posts: 2,696
    edited 30. Nov -1, 00:00
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    Hi Iris

    Been AWOL a few days, but I am still listening and marvelling at what you are achieving. So sorry you had a bad start to the New Year health wise though.
    Just sending a bit more strength your way.
    Take care
    Chris
  • dorcas
    dorcas Member Posts: 3,516
    edited 30. Nov -1, 00:00
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    Thanks Chris!
    everyone from the forum has helped me to believe in myself and your support has really made a difference to me when I have felt a bit overwhelmed by it all at times. ':shock:'

    The progress that has been made is due to enlisting the power (or threat) of organisations and using the right 'language'. When I've said

    'I know what my rights are under DDA and as an employer you have a duty of care towards me under that legislation that I believe you are not exercising' ....this has had a profound effect on HR and my bosses and caused them to think again knowing that I am prepared to take it to tribunal or the Equality and Human Rights Commission if I have to.(gulp)':roll:'

    I am just 'small fry' with a big mouth hanging on for dear life!!!

    hope you are ok Chris and that being AWOL was not due to anything serious?
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