Employer moving the goal posts - I'm Taking Legal advice

saggyoldbagpuss Member Posts: 55
I've not been well over the past few months both RA and AF (Atrial Fibrillation) have had the best of me to date.

I've been having problems at work with both my manager and the HR department I really can't believe I’m being treated the way I am. Earlier this year my HR department sent a memo around my department detailing my medical condition and the days/dates I had taken off over the past month! It was info/an example for managers only of when to apply a "NEW" policy they have adopted but it wasn’t just received by the managers all my fellow co-workers got a copy... I eventually found out on leaving work one day, a good friend and fellow co-worker told me about the document and obtained a copy for me, he thought I should know!!!!

HR were of course shocked that this had happened and said that I wasn’t being used as an example I didn't see it that way. I felt victimised and embarrassed, co-workers started treating me differently which was really hard, I've worked there for 18 years I can't believe what I'm having to go through recently with my employer I am sooo upset and angry.

After four months off work it’s time to return. I am nervous, I’m still not right (not that I ever was) and I get tired really easily. I'm suffering from double vision lately I’m told it’s fatigue and that I need to pace myself and rest when I can My GP is fantastic she is helping so much not just with medication (although I’m not on any DMARDS at the minute but that’s another blog) but she listens to me we discussed my returning to work and she advised returning part time for the first couple months, build myself up slowly. Well I returned on 1st August.

Return to work interview with my line manager and HR! Well we sat we discussed and we all agreed, at least that’s what I thought when I left the meeting!

We all agreed that I could work 3 days (5hrs) per week as per my doctor’s recommendations and medical certificate. Brilliant, and that one of the days I could work from home.....Fantastic, it’s going well.......but then

A week later I was called into HR for an informal chat over tea!

The long and short of this informal chat was that they were taking away part of my salary for some additional work I had been doing since early 2010 – reason I’ve not been here to do the work required?

Next my job profile (description) I couldn’t possibly be doing what was listed after all my job is full time and not part time and as I only working 15 hrs a week???? Blah blah blah

The 3 days I worked 5 hrs per day fell short of the standard day of 7:12mins so for the 2:12 they would be applying sick pay – which by the way will be half pay as you’ve had so much time off already.......

They are having an ergonomist come in to assess my work space.....(don’t ask?? Who knows why they are doing this, I’m fine with the way things are now).........

Oh and the finale

We would like you to go see a consultant in Harley Street for a medical assessment.......
I truly get the feeling that I am being forced out of the door, they are not making anything easy for me....if anything I’m finding it very stressful working there at the minute.....But i like my job.....I want to keep my job......need to keep my job......

Anyway the Harley Street thing was today. It was exhausting I had to walk for half hour before reaching their offices I was sweating my body screaming.....Why am I doing this?? Why are they doing this?........

Results from medical
I’m not to work more then 15 hrs a week for the foreseeable........she said it could take a couple of years to get the RA under control?????...

I’m not to spend long periods of time on a keyboard..........Hands/Wrist I wear splints for support..

I’m to have a driving assessment as she wasn’t sure I could make an emergency manoeuvre with my hands being so sore................

Apart from the driving the other two is my job totally – feel like I’m being pushed to leave again!

On the way back to work I met a colleague and he told me to check my house insurance as it could offer legal assistance with employer disputes.....well blow me down its true....I’ve spent two hours this evening talking to a legal advisor and I’m now ready to play their game....
I shall gather info / documentation from previous events and from now on in keep a diary of everything they do/say and how it affects me physically and emotionally. I’m to call them back when I receive my copy of the report from todays medical....

Moral to this, just because they employ you doesn‘t mean they have the right to walk all over you! Check your house insurance, do you have Legal – if so you could contact them for advice and maybe if required have them represent you in any employment disputes.

Well that’s enough from me I’m off for a nap.......It’s been earnt today

Hoping you all have a pain free weekend



  • frogmorton
    frogmorton Member Posts: 28,068
    edited 30. Nov -1, 00:00

    Bagpuss l am so shocked.

    I have read this from beginning to end and cannot believe how you have been treated.

    Most of the way through l was getting more and more worried...how to help? what can be done and...

    lo and behold right at the end you find you actually have some help available to you. Thank goodness for that!! I was so worried for you.

    I think you have been treated abysmally and agree 100% with the diary and advice given by the legal persons. I am thinking l would have asked about union, but this is better.

    Checking workspace is a good idea though....they may be able to fund better keyboards etc for you.

    PLEASE do let us know how this goes on


    Toni xx
  • saggyoldbagpuss
    saggyoldbagpuss Member Posts: 55
    edited 30. Nov -1, 00:00
    just waiting for report.to arrive then take to my cons and go ask them to respond im not going without a fight.i like my job my independance I dont want to give it up!
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
    You hang in there, it's great you're getting help. Can a union rep help in some way? I'll keep everything crossed that you get a good result from this. You've been treated very badly.
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00

    Sorry to hear you are having a bad time...
    I used to be hear all the time trying to offer my advice on work issues as i had a major problem myself....

    I have RA....work for a large retail organisation.....took me a while and much grief BUT i won and still continue to work there....

    I'm sure you feel better with your legal support ...these will give you some strength plus all you need to know about DDA......

    I also went to see the disability advisor at the job centre who was brilliant and offered to come to all work meetings with me....

    Under the DDA......

    They need to give you time to respond to treatment...( they cant sack you until your consultant has been through every single option....)
    Need to PROVE that there is NOTHING you can do in the workplace whilst this is ongoing....( even if there is a job answering a phone!)...you know what is availaible in your workplace......
    Honestly the law is on your side....

    Regards the mail....
    This is disability discrimination........your workplace have to keep your disability confidentail unless you say otherwise.....put a grievence in....they will **** themselves.....and make sure your legal people know!!!..

    Please PM if you need to.....
    Much love
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    Hope you are feeling better and I feel the extra stress that employers gives their employees with disability is making it worse.

    Also you should made note what has happened to you and put a grievance into your employer as this is a requirement in ET they will want to see if you have followed all the company internal policy first.

    Also contact Access to Work for assessment and they will recommend what your needs I had them in to my work place and she was great made a details report but employer just ignored it. I am now looking to take legal advice on it.

    I posted my events of problems with my employer, but I must have put it on the wrong thread. :?:

    Copy it from other thread and post it hear....

    My employer are a big multination company and have stores all over the world.

    I have been working there for 5 years. I have osteoporosis and osteoporosis my problems is my knees and neck and shoulder areas.
    My conditions got worse due to work conditions, I only had a high stool to sit on and that was damaging my condition.

    My employer knew about my condition since 2008 due to referral to OHA report but choose to do nothing about it

    Got Access to work involved last year and she was great done a very details report and said that I should have a special chair and sent an invoice to my company to purchase it.

    This chair was never purchase and I was sent to another floor of the store and was not even given the unsuitable chair to sit on, had to stand for 8 hrs. In desperation I took unpaid leave as I could not stand any longer.

    However before the leave was sanction by managers I had an accident at a panel fall on me from above my head. I was off work due to injury, but while I was on sick notes for that injury I got a call from manager saying my unpaid leave was sanction and not to go back until it had expired which was 9 months.

    Went back to work and the conditions got worse for me I had to stand all day long or sit on an unsuitable high stool that there was no room for where I was sitting.

    Been off work as a result of no minor adjustments made for me. Seen my GP and she wrote to OHA with a copy of Access to Work report and also the recent x-ray that I had for my neck which showed further damage to it. I had to send this to work and I suppose all have seen it. I did not know that I could have contact have contacted OH myself as work do this via a computer.

    My GP has sent me back to physo and am waiting for appointment from them.

    I am sure my employer will want to get rid of me as I am 66, but there are lots of people older than my age working in their store.
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00

    Really sorry to hear yet another tale of bad HR management....

    Age should not have any relievence.....

    I had problems with company getting me the wrong chair ( cheapest one they could find)...made me worse...

    Under DDA you can put a grievence in for ' not adhearing not reasonable adjustments' which yours clearly is....They would have to prove that they cant afford the chair...which i think is highly unlikely!

    Good luck..xxx
  • angie1973
    angie1973 Member Posts: 248
    edited 30. Nov -1, 00:00
    I'm really shocked to read that. They also can't give out medical conditions to your work colleagues, due to DD act and data protection. They are breaking the rules by offering this information to people without your permission (as already mentioned).

    I'd seriously consider putting in a complaint about that, they wouldn't have a leg to stand on.

    I've seen a similar thing with someone I know whose employer is trying to find a constructive way of letting them go trying to blame their condition for their work standards. Simply not on.

    I shall keep my fingers crossed for you. You don't deserve this.
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    Hope things have improved for you Bagpuss, have you contacted employment legal advice as yet. I think I will have to leave my job because my employer is ignoring all medical advice for me. I have not hear back regarding their OHA.

    I know when I go back to work it will remain the same I cannot keep getting further injury to my health due to them not adhearing to medical advices. :shock:

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