Employer told that I have underlying heath problmes

Emily
Emily Member Posts: 124
Employer has been told by their OH that I have underlying health problems but will not make minor adjuestments for me.

Are they breaking Equality Act 2010 :?:

Comments

  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    Thanks delboy,

    Been in contact with a solicitor about my firm not making minor adjustments for me and was told that if it went to a tribunal it would be up to the judge to decide whether I was disabled or not :?:

    It seems if you are able to stand at all your are deemed to be healthy
  • magenta
    magenta Member Posts: 1,604
    edited 30. Nov -1, 00:00
    Hi Emily,

    I'm assuming you have arthritis? That in itself is covered under the equality act as is fibromyalgia. I was told any illness that requires you to take medication on a daily basis, was covered under the act.
    Minor adjustments could be getting a better chair or an ergonomic keyboard. I'm going to access to work to enquire about getting an attachment for my works phone. Don't think that'll break the bank! Your OH dept. doesn't sound very helpful.

    Magenta x
  • CJHunter
    CJHunter Member Posts: 1,038
    edited 30. Nov -1, 00:00
    Hi,
    Look at DWP Access to work, yes they are breaking the law, if its a reasonable adjustment then they have to do it under disability discrim act. Look under act, which tells you what a disability is.
    Hope this helps.

    Clare xx
    Clare xxeyeore-1.jpg
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    Thanks very much for your helpful replies.

    Yes, I have got arthritis and osteoporosis as well, funny things is I work for a very big retail company and they have confirmed in a letter that they have classified under their company underlying Ill Heath guidelines, I expect this is a result of their own OH report in 2008.

    I also have some osteoporosis and that was diagnosed in 2003 but was not put on treatment until 2009 after a neck x-ray.

    My GP has gave me fit notes with instructions for my employer to make adjustments but they have not done this.

    I feel that my employer did not believe my GP at a meeting about my health my firm recommended that I get in Access to Work for them to purchase a suitable chair for me. As this is a large firm of course AtoW rules would not be responsible for this purchase. I got AtoW to make recommendation, which I did and they were wonderful however their recommendations were not carried out.

    I feel like asking my GP asking them for a fit to say I will not be returning to work until the adjustments are in place. Can I do this and would my firm have to keep paying me until the adjustments are in place. :idea:
    :?:
  • CJHunter
    CJHunter Member Posts: 1,038
    edited 30. Nov -1, 00:00
    Hi, I would suggest you get back in touch with access to work and see what they have to say. they may know what route to take next.
    If this is no help then maybe you need to contact an employment lawer for half hours free advice.

    I am unsure if you would be willing to do this but they are breaking Dis Discrim laws i believe.

    hope helps.
    C xx
    Clare xxeyeore-1.jpg
  • magenta
    magenta Member Posts: 1,604
    edited 30. Nov -1, 00:00
    Hi Emily,

    I got a chair and a trolley through Access to work. I work in the NHS and they had to pay a percentage of the full cost.

    Magenta x
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    As Del and other rightly state they are breaking the regs and it’s obviously b***y blatant, do you have anything in writing that they are not helping you?, my advice would be this, keep a diary of things that happen and record date’s, also keep as much other info you can, e mails letters etc anything just in case you ever needed it.
    Also Join a union if you aren’t already in one it will help you no end, also keep all of the above close to your chest, don’t advertise your doing any of this as it could upset your line managers, you might not ever need any of it but the more ammo you have stored away the better it will be for you if it was to be used.
    Also DON’T confide too much if at all with work colleges or those you consider to be work friends, from my personal experience you just can’t trust people as things will leak and get back to line managers etc, it’s better to say as little as possible.
    Most people aren’t malicious it’s just they gossip so the less said the less that will leak in time.
    Oh also has your O H department covered you under the D A2010?, mine did that helped me in the long run.
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    mellman01 wrote:
    As Del and other rightly state they are breaking the regs and it’s obviously b***y blatant, do you have anything in writing that they are not helping you?, my advice would be this, keep a diary of things that happen and record date’s, also keep as much other info you can, e mails letters etc anything just in case you ever needed it.
    Also Join a union if you aren’t already in one it will help you no end, also keep all of the above close to your chest, don’t advertise your doing any of this as it could upset your line managers, you might not ever need any of it but the more ammo you have stored away the better it will be for you if it was to be used.
    Also DON’T confide too much if at all with work colleges or those you consider to be work friends, from my personal experience you just can’t trust people as things will leak and get back to line managers etc, it’s better to say as little as possible.
    Most people aren’t malicious it’s just they gossip so the less said the less that will leak in time.
    Oh also has your O H department covered you under the D A2010?, mine did that helped me in the long run.

    Many thanks for replies.

    Cannot get my employer to refer me back to their OH this has been put on a fit note last year but employer ignored it. Also I am not at work at present as I cannot cope without any minor adjustments being made for me.

    Company’s OH reported to them in 2008 that I had underlying medical problems as defined in the Company’s sick absences policy. (I not know what their policy says regarding this) also my company However it was only last year that my company separating my underlying problems different to other illness sickness.

    I think I may be cover by my household insurance and am sending off details today to see if I am covered. I have kept most of correspondences.
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00
    I to work for a large retail organisition....i had problems at first but now they really try to help..

    Yep...see if you have legal advice with your home insurance....if you do ask to speak to a employment specialist...
    Ring jobcentre and ask for an appointment with the disability specialist....they will give you loads of stuff!!...and mine said she would come to any meetings at work with me.....
    think of anything that can help you at work...change of hours? tasks? seats?....then fire of an email to HR asking for them....or at least a meeting to discuss....
    I have never heard a judge decide????..mine came from occ heath who then told my company they had to comply with DDA....
    Please make sure you get what you need ....It makes life and work easier....xx
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    topgirl wrote:
    I to work for a large retail organisition....i had problems at first but now they really try to help..

    Yep...see if you have legal advice with your home insurance....if you do ask to speak to a employment specialist...
    Ring jobcentre and ask for an appointment with the disability specialist....they will give you loads of stuff!!...and mine said she would come to any meetings at work with me.....
    think of anything that can help you at work...change of hours? tasks? seats?....then fire of an email to HR asking for them....or at least a meeting to discuss....
    I have never heard a judge decide????..mine came from occ heath who then told my company they had to comply with DDA....
    Please make sure you get what you need ....It makes life and work easier....xx

    Thanks topgirl, my company is renowned for saying that they will do things at meetings and in practice they will not do them.

    Occ health, AtoW and my GP made recommendations, but my company just ignore the recommendations, I have spoken to a solicitor she said that it appears that my company wants me to resign on my own accord which I am reluctant to do. I have been told that companies do not have to make recommendation that has been made by GP, AtoW or their Occupational health but of course there are consequences of companies not complying with recommendations.

    I was not aware of the job centre thanks for that information.
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00
    My prob was that HR were great and my Manager was'nt!!!...
    She ignored everything.....UNTIL i put a grievence in... :green
    I am of now as waiting for anti TNF treatment....and have put another letter in...asking not to travel to other stores ( as I wud hav to take my chair on a bus!!!.plus added time on to my day doesnt help)
    To do more Admin...( I can sit down to do paper work)
    And to not have to do late nights( i'm in more pain at night so have to taake more painkillers)
    You need to put in detail why you need the adjustments...and how it wud work......
    Try not to worry to much...DONT resign..keep notes of every conversation and ask your line manager for a copy of the companys disability policy....
    Good luck....and message me if you want too.....xxx
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    Many thanks for kind replies, I got a letter from my manager wanting to know about my health and how they can support me back to work, they know this already since 2008 and then again in 2009 and again 2010 and again 2011, are they doing this to exacerbate me more. This manager said to me a couple of months ago that she would make sure I got the necessary training when I went back to work after an unpaid leave break. This did not happen. :!:

    Now she had the gall to write to me again asking what support they can give me to get me back to work....I feel they are taking me for a mug and do not respect me as a person let along a colleague. :oops:

    I got in touch with a legal advisor a couple of years ago about it and the person I spoke to on the phone said from his knowledge my employer will always say they will do adjustments but will not carry them out ie they say one thing and do another. I expect it is because I am an order employee and I have noted that they will always look after women that are pregnant now that is not an ill but they seem to think so. I have no object to pregnant women getting look after and so they should be as they are carrying a child, but why are they ignoring older disable employees. :?: