Can someone advise please asap, will I resign???

Mags1970

Hi I'm new to the forum and would appreciate some advice, I have worked for my employer for 18 years but have struggled with pain 24/7 for the last 7 years due to severe arthritis of my spine, also 6 months ago I was diagnosed with fibromaligia, I have tried all sorts of treatment through pain clinics and also privately but to no avail, my surgeon said I need rods, screws and cages throughout my whole spine but as I'm only 43 is reluctant to do this. I am on very heavy meds also that don't work after a while.

I was absent from work for 12 weeks and at the time my gp wanted to take me out off work for good, but after getting the pain down to a manageable level on some days I asked could I try work once more as my employer said he was making adjustments, as in a less physically demanding role.

I returned 4 weeks ago and my gp said I needed to be on reduced hours for 8 weeks, my employer said as I only work 20 hours I could only have 2 weeks short hours no matter what the fit note said.

After 2 weeks on short hours he put me to my 20 hours but instead of my 3 days which I had previously cut down to for my pain / rest management, he give me 5 days to work that week, 3 long days and 2 shorter days, I told him I wouldn't be able to manage this but he said that he needed those hours covered in the new dept he put me into and could not be seen to be creating a job for me.

As a result of this my pain levels are now unmanageable again and I have been told when I was last off sick that if I went sick again I need to resign or face I'll health dismissal, I have a fit in with my gp tomorrow and can imagine when she sees the pain I'm in again she will want me out of work, I know I'm struggling everyday I'm sure like all of you people on here, I just need to know what if this happens, should I phone my employer tomorrow and resign or wait until they dismiss me, I'm at the stage now that I need to stop being stubborn and give up my job which I've fought so hard physically and mentally to continue to do.

Sorry also the dept I'm now in and training on is a financial dept with a lot of money involved and with all the meds and pain etc I'm struggling to function mentally, if I make a mistake in this dept it could be very bad.


Thanks for reading mags

stickywicket

Hello mags and welcome to the forum though I'm sorry you had to find us. You sound to have been coping very well indeed with a lot of pain and a job but it sounds as if something finally has to give.

I'm sorry I really can't give any advice except to ring our helplines though I don't think there'll be anyone there now until tomorrow. At least they will point you in the right direction. Your GP might also be able to advise you. I hope someone can tell you what's the best thing to do.

Megrose489

So sorry to hear that you're struggling so much. I'm afraid I can't give you any employment advice, but the only thing I would say is don't just resign before you've made sure that you're going to get the best deal possible from your employer. Do you have a trade union rep you could talk to? If not, perhaps it would be worth phoning the CAB. I'm sure the helplines will also be able to give you good advice tomorrow.

Take care and let us know how you get on.

Meg

Mags1970

Hi, thankyou both for your reply, I will give the helplines a ring this morning, I feel like everything is against me at the minute, I am being treated for depression also and financially I'm struggling.

I can't cut my working hours down anymore and on the advice and support of my gp I applied for dla but this was turned down, I am going to appeal as I know I have my gps support, I can't work over 20 hours with my pain so I'm not entitled to tax credits, i would need to be in receipt of dla and then i would only need to work 16 hours. im also very frightened of becoming more depressed if dont have my job anymore,i feel so confused and stressed.I'm really afraid of leaving work and going down the esa route as I think now that I've been turned down for disability I would also be turned down for esa, I had a chat with disability action and they said they will help me appeal.

dreamdaisy

I am not well-enough informed about the ins-and-outs of this because I was self-employed but I would have thought that an ill-health dismissal would work for you concerning future claims than against. I think you have done remarkably well to last this long, your employer sounds woefully ill-educated about arthritis and its effects so, if you are able, make his life as inconvenient as you can so you get the best deal possible. I wish you well. DD

PS It may be worth re-applying for either DLA or PIP (depending on where you live) because answering every question as though it is about your very worst days is a good tactic - glossing over and being brave is pointless when filling in the forms.

lululu

Hi Mags you need advice and quickly do not do anything untill you get it. Employment law is a minefield and I strongly advise you to join the Benefits and Work website, I think it costs about £20 but is worth it!

I am no expert but having had Ill Health Ritirement from work I have picked up some useful info. First you do not say if work have sent you to Occupational Health (OH) for assessment if not then you should ask for one, OH is part of Social Services and will be impartial and if they waiver at all it will be on your side. If work hum and ar about it then tell them you will ask OH yourself, you are legally allowed to do this so do not let work tell you otherwise. You can find OH though your local Council.

Believe me Work are not allowed to order someone to leave work becuse of ill health. Do not under any circumstances leave, you will be much better of long term to go on long term sick (untill this is all sorted). You have worked for the same company for 18 years that will be worth a lot of money to you if you need to take work to court for unfair dismissal.

If I were you I would spend this weekend on t'net looking at maybe - employment and disability there you will find mention of the Disability Act which I think has changed it's mname in recent years and I am a bit rusty now but I am sure you will see that your situation is well covered by some act or other (it will have a date so you can be sure it is still applicable).

Also look again at DLAwhich now for new claims has been replaced by Personal Independence Payment, I think you meet the criteria for that so do not be put of.

You could also look at ACAS and you will be able to phone them on Monday they will give good reliable advice on you situation.

I have to leave you for now as this is sorely taxing my brain but that is something to think about. I will look in later I may think of something else.

Mags1970

Thankyou to everyone that has replied with valuable advice, I know it's so good to have this forum with caring people.

I have given OH permission to have my medical notes and am waiting on them writing a report to my employer, I live in Northern Ireland but Oha is based in England so I won't actually get to see anyone,

I have applied for dla as it is still not changed to pip here and have been turned down, my gp said she would support my application 100% and has told me to appeal, I had filled the forms in myself so maybe I should have got help from CAB as I can't really make ends meet at the minute as I've cut my working hours down so much I'm struggling to survive, if I wasn't in so much pain I could work 30 hours and claim working tax credit but as I'm struggling to work 16 hours now I can't claim.

Just seems everywhere I turn its a knock back, but I know there are people worse off than me, so sorry for the moan!!

I am meeting my union rep next week and I will not resign but my employer told me that's what I will have to do if I go off sick again as they have moved me to the only department that I hadn't tried yet, I've been everywhere in the store. I will keep in touch, thankyou all again.

Mags x

stickywicket

As I've just said to someone one the other forum, there are always people worse off than any of us but that doesn't lessen our own pain and difficulties. Don't apologise. You are struggling and I'm so glad others could offer some good advice.

lululu

I hope your situation starts to improve soon Mags good luck with everything. Please let us know if we can help you with anything more.

nonaproxin

Hi there,
Whatever you do...do not resign....I have been through the same "game" as you ...with my employers....veiled threats etc..."you must fulfill your contractual hours, or find another job etc " .
I fought on as long as I could...but in the end common sense had the final say, and I am now on a ill health insurance ...as I just could not go on any longer...with regard to DLA ...Appeal...and stand your ground...it can be a long lonely ..and very depressing road...but you must try and keep strong...I was given enourmous amounts of help and encouragement fro members of this site...without that support , I would not have been able to fight on...REMEMBER THIS...ITS NOT A HANGIING OFFENCE TO BE ILL....AND IT'S NOT YOUR FAULT......GOOD LUCK...
eddy.

Mags1970 wrote:

Hi I'm new to the forum and would appreciate some advice, I have worked for my employer for 18 years but have struggled with pain 24/7 for the last 7 years due to severe arthritis of my spine, also 6 months ago I was diagnosed with fibromaligia, I have tried all sorts of treatment through pain clinics and also privately but to no avail, my surgeon said I need rods, screws and cages throughout my whole spine but as I'm only 43 is reluctant to do this. I am on very heavy meds also that don't work after a while.

I was absent from work for 12 weeks and at the time my gp wanted to take me out off work for good, but after getting the pain down to a manageable level on some days I asked could I try work once more as my employer said he was making adjustments, as in a less physically demanding role.

I returned 4 weeks ago and my gp said I needed to be on reduced hours for 8 weeks, my employer said as I only work 20 hours I could only have 2 weeks short hours no matter what the fit note said.

After 2 weeks on short hours he put me to my 20 hours but instead of my 3 days which I had previously cut down to for my pain / rest management, he give me 5 days to work that week, 3 long days and 2 shorter days, I told him I wouldn't be able to manage this but he said that he needed those hours covered in the new dept he put me into and could not be seen to be creating a job for me.

As a result of this my pain levels are now unmanageable again and I have been told when I was last off sick that if I went sick again I need to resign or face I'll health dismissal, I have a fit in with my gp tomorrow and can imagine when she sees the pain I'm in again she will want me out of work, I know I'm struggling everyday I'm sure like all of you people on here, I just need to know what if this happens, should I phone my employer tomorrow and resign or wait until they dismiss me, I'm at the stage now that I need to stop being stubborn and give up my job which I've fought so hard physically and mentally to continue to do.

Sorry also the dept I'm now in and training on is a financial dept with a lot of money involved and with all the meds and pain etc I'm struggling to function mentally, if I make a mistake in this dept it could be very bad.


Thanks for reading mags