Contract terminated due to disability

[Skyelilly]

Can anyone give me some advice? I have been employed for almost 6 years, I have been off work sick since April 2018. I am diagnosed with fibromyalgia with many related issues, I have aids in my home to assist me. I have been for an apppintment with occupational health today and she advised me that my contract will be terminated as I am not fit to do my role, no alternatives have been offered and nothing like a reduction in hours. They aren’t even waiting until I have seen a pain specialist who might be able to help me manage my pain. In the report she sent me she stated that my illness is not a disability under the equality act which o do not understand as it has a severe impact on my ability to perform many tasks. I wondered whether I would have a case of taking this any further ? Thanks

[ULA]

Fibromyalgia is a form of chronic pain syndrome and managing such conditions at work can be challenging but you should not be placed at a disadvantage because you are a sufferer.

The Equality Act 2010 defines disability as “a physical or mental impairment which has an effect on a person’s ability to carry out normal day-to-day activities.” This could include ‘hidden’ impairments or disabilities and the effect must be “substantial, adverse and long-term.”

If your condition is classed as a disability under the Equality Act, your employer is obliged to make ‘reasonable adjustments’ and they may not be aware of the possibility of getting funding through the Access to Work scheme, via the Jobcentre Plus to make these adjustments

I would have thought that the role of occupational health (OH) would be to provide a report to your HR department/manager on your condition, recommend any reasonable adjustments that can be made and based on that it would be up to the recipient to decide what course of action to take.

If reasonable adjustments had been suggested then, your employer would have to take reasonable steps to implement the adjustments suggested (as long as they are able to do so).

For your condition some such adjustments to help you work more comfortably and effectively could be:

• Additional support, particularly if you have just been diagnosed with a condition
• Flexible or reduced hours
• Working from home
• Longer rest breaks
• Dispensation for related absence
• Allowing you to pace your own workload
• Adaptations to your work space or position
• Aids to help memory/concentration if this is a symptom of your condition.

Have you been told yet formally you are going to be dismissed?
Is there someone you can speak to in HR regarding your meeting with OH?
If you prove that your extent of your fibromyalgia fits within the definition of a disability, then I would suggest the company needs to be careful as to how they handle this situation.