Employer does not think I have a disability

Emily
Emily Member Posts: 124
employer said I do not have a disability and refuses to make adjustments for me. Manager is really a nasty but you would not think butter would melt in her mouth. :?:

I am going to have an uphill struggle with work. They will not send me to OH as the do not think I need to be sent there despite my GP saying that I should be sent to OH. :cry: :x

Comments

  • janie68
    janie68 Member Posts: 1,186
    edited 30. Nov -1, 00:00
    Sorry to hear about your situation at work. Doesn't sound very nice for you at all!

    You can normally self refer to OH, it maybe worth a phone call to OH anon first to see if you can. Then if you can, refer yourself.

    You can also get a fit note from your GP, like the sick note, but with recommendations on for you to continue at work. But I think they are only for when you've been off sick first and need a note to return. Maybe that is another way to get your manager to realise that adjustments do need to be made.

    Good luck Emily, hope you manage to get what you are entitled to.

    Janie
  • lululu
    lululu Member Posts: 486
    edited 30. Nov -1, 00:00
    I asume from employer attitude that you are not in a union? Have a look at ACAS website.
  • CJHunter
    CJHunter Member Posts: 1,038
    edited 30. Nov -1, 00:00
    Hiya, its not upto your manager to decide if you have a disability or not.
    Maybe ask her when she qualifed as an expert, grrr that makes me so very angry.

    your manager must have someone above her, contact them and the human resourses dept if u have one. Self refer to OH, as already said, and look on the gov wbsite. and employment law, access to work etc.

    take care and good luck
    Clare xxeyeore-1.jpg
  • kittymedaughter
    kittymedaughter Member Posts: 81
    edited 30. Nov -1, 00:00
    Hi Emily,

    Does your employer employee more than 15 people, if they do, then they are in breech of the equity act. I have great support from Access to Work,they came in to my workplace, did a desk assessment, talked about my average day and reported back to my employers there recommendations...I ended up with new desk equipment, special chair and mouse..see if you can make an appointment with the disability advisor at the job centre, there can act as a go between you and your employers..once you get an "official government department" involved..it is amazing the difference in how you are treated
  • amboritic
    amboritic Member Posts: 66
    edited 30. Nov -1, 00:00
    Sounds suspiciously like bullying if you ask me.

    If it is a large company then you should seek legal advice as if she is refusing you reasonable adjustments, if this was to then cause you to leave the job then it does sound like constructive dissmissal.

    Perhaps you should phone CAB for advice. Or as already advised call ACAS.

    In the meantime start reading up on reasonable adjustments legalities.
  • mellman01
    mellman01 Member Posts: 5,306
    edited 30. Nov -1, 00:00
    Your line managers aern't Doctors so can't and should not make that call, your OC health department is there for just that reason so they should simply hand it over to them as it's not their sphere of expertise, in fact in not doing so is a breach of emplyment law, if you had a accident at work due to your illlness they would be in deep c**p as they have a care of duty to you as they do to every other worker and restricing your right to an OC health assesment is a breach of your rights and the owrk regs, can you get hold of a copy of the compaines work regs etc, knowledge is power.
    Now that said I don't know what illness you have but one piece of advice you need to take seriously is join a union as soon as you can, you need somone with clout on your side as your line managers sound like the normal type of p***k that seem to infest this part of the employment world. Been there got the fecking T shirt etc.
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    How do I delete my post above as it does not read correctly. Help please, got another post done not sure how I posted the one above in error. Help, Help

    Done as requested
    Mod
    YEH
  • traluvie
    traluvie Member Posts: 2,579
    edited 30. Nov -1, 00:00
    I would self refer to OH, they will assess you and put into place any adaptions or changes you require..
    Let us know how you get on..
    th_tn_TisFORTIGGER.jpgxxTracyxx
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    At a recent meeting with employer if I self refer then they would need to get permission from another section to see if it is necessary for me to see an OH.

    GP has been asking since 2010 for me to be sent to OH but firm ignored all that as well.
  • ZOS
    ZOS Member Posts: 1
    edited 30. Nov -1, 00:00
    Hi Emily
    I am currently going through a similar senario and understand to well the bullish nature of Managers, line mangers and HR. The only difference is that my employers OH is Atos and they have confirmed that my condition is classied as disability, my GP and Rheumatologist are of the same opinion and it is only my employers who will not listen to advice given. Matters are with my Union.
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    ZOS wrote:
    Hi Emily
    I am currently going through a similar senario and understand to well the bullish nature of Managers, line mangers and HR. The only difference is that my employers OH is Atos and they have confirmed that my condition is classied as disability, my GP and Rheumatologist are of the same opinion and it is only my employers who will not listen to advice given. Matters are with my Union.

    Be careful of unions, I had one at at meetings with me in 2010, he actually agreed with manager that the time that my GP said that I should be doing things he said that was too long to my detriment. Also he wanted to put me where it was totally unsuitable for me as he had done a similar thing with same firm other branch and it worked OK for that person, but when I got AW2 report it said that I should not work there due to arthritis. :idea:

    The union I had before that said that I would have to keep putting in grievance and that took a year for them to be heard and for the firm to do their investigations. :oops: :idea: