Disability Discrimination?

[Stillo]

Re: Disability Discrimination?

Hi Mariefab

Not they are refusing to pay me my salary, they will only pay me half sick pay and i am being forced to claim ESA, my GP is not very happy with the situation but i dont really want to involve her,although she will assist me if needed

[mariefab]

Re: Disability Discrimination?

I don't understand.

Your recent fit notes state that you are fit for work.
Your employer's OH state that you can undertake clerical roles.
Reasonable adjustments to enable you to perform clerical roles have been refused.
It is your employer's decision that you are not currently permitted to return to work.

Can you confirm that these 4 statements are correct?
If so, what reasons has your employer given for paying you any sick pay at all?

Surely, if you are fit for work and your employer refuses to permit you to return until they have identified an appropriate role, your employer has suspended you and you should therefore be on full pay.

[Stillo]

Re: Disability Discrimination?

Hello Again

Yes all four statements are correct, i am entiotled to 6 months full sick pay and six months half sick pay, that is all i can tell you they are paying me sick pay until i return to work or until 02/01/2016 whichever comes first

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

Have they said that they disagree with your GP's statement that you are fit for work?
If not, what reason have they given for paying sick pay?

[Stillo]

Re: Disability Discrimination?

Hi

No they do not disagree with my GP or OH and they have given me no reason whatsoever, they would not let me resume duty due to the fact that i could not undertake my own role within the Business and they had to find me another role and until they did they said i will remain on Sick.leave

I have just applied for another role that has been advertised that i am more than qualified to undertake and it is within the clerical rol;e that OH as recommended i be transfered to, i can guarentee that i will not even be considered as this role is within the HR Department.

I really do apprecieate your advise and i am very greatfull

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

...' they would not let me resume duty due to the fact that i could not undertake my own role within the Business '

Have they at any time actually accepted, in writing, that you cannot return to your former role and that they need to find you a suitable alternative?

[Stillo]

Re: Disability Discrimination?

Hello again

They have accepted an OH report that states that i cannot return to my own role and clerical is the only type of role i can undertake and i have emails from them relaying the same information, i also have emails telling me they will transfer me to a clerical role when one becomes available and is suitable

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

OK, don't send the email I suggested yet. (Or, let me know if you already have.)

When did they first acknowledge that they would transfer you to another role?
Do you have a list of all the posts that have become available since then, that you would be able to undertake with appropriate reasonable adjustments? If so, how many?
During your 25 years there have you heard of any non-disabled employees who have not been permitted to return to work when their GP or OH has indicated that they are fit for work ?

[Stillo]

Re: Disability Discrimination?

Hello Mariefab

I have already sent the email

They acknowledged my Disability on 27/07/2015 and transfer to a new post on 01/09/2015

Yes i have all internal recruitment bulletins that would have been suitable for me with and without adjustments all at a lower Grade,but i will retain my current grade as part of my terms and conditions of employment

No i have Never heard of anyone not being allowed to return to work,

A case similar to mine apart from the member of staff concerned does not have a disability at the same time as my sickness springs to mind.

This Menber of staff had a similar injury to mine that put him off sick also, we both had the same steroid injections into our shoulders and both passed fit by our respective GP's he is now back at work and has been for as number of weeks and i am not

Regads
Stillo

[Stillo]

Re: Disability Discrimination?

Hi mariefab

Sorry forgot to Mention 6 posts have become available including todays that would have been the gradde that was recommended by the OH

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

Actually on re-thinking things it's good that you already sent the email.

Can you give us an idea of the sort of reasonable adjustments you would need?
Are we talking about a period of re-training, screen magnification, anti-glare solutions etc. or someting much more substantial?
What was the first date that your GPs notes state that you are fit for work?


Sorry for all the questions. Would you consider sending another, more pointed, email.
I'd be happy to prepare something for you which you could then amend as you see fit.

[Stillo]

Re: Disability Discrimination?

Good afternoon Mariefab

The only reasonable adjustment i want is to the clerical testing and nothing else, i completed the clerical testing when my vision was not as bad 8 years ago and i occupied a clerical post for that 8 years leaving it only 3 years ago,in the last 3 years my sight has deterioted and i cannot undertake the test as i cannot see it clearly on screen or large print. my eye condition is one of visual loss leading to complte central vision loss not just bad vision

Thy seem to be hung up on the clerical test and have admitted to me that it is for new entrants and promotion purposes only neither of which am i, i asked the question if someone was to apply for promotion from one clerical grade to another just slightly higher if they took this test and failed it would they be returned to their post? not returned to their post? or would they be dismissed @and they said good question.but we cannot answer that

My Gp marked me fit for work on the 27/08/2015 return to work on 01/09/2015 and 2015 she actually wrote in big letters by hand on the sick note Fit to return to work 01/09/2015 shoulder problems now resolved and that was dated 27/08/20015.

Im not asking for any adjustments that will cost money i only want to be able to return to work, it seems i am being taught a lesson for being a pain in the but or i am to be managed out ot the business

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

What exactly would they need to provide to enable you to see the screen?

For example, what are you using right now to enable you to use this forum?

[Stillo]

Re: Disability Discrimination?

Hi

I use Jaws and i enlarge the screen very large, the problem is the test is time limited i would require a bit longer than most people.to do it

Cheers
Stillo

[Stillo]

Re: Disability Discrimination?

Good Evening Everyone

Just an update with my situation after taking all the advice onboard, i have been refused pay upto this week and was told i must remain on sick,leave i lodged a complaint with Acas and low and behold i got an email from the District Manager saying on this occasion and because of my willingness to work with them they have decided to re instate my full sick pay dated from the time i went onto half sick pay back in July.this is unheard of in my industry it is full pay for 6 Months half pay for 6 Months i have now got full pay for 12 months

Although this is a victory for me i am a little worried that they insist it is sick pay and not medical leave but i will be resuming fit for duty on the 27th of November and i will not be getting another Sick Note, they are adament that i cannot return to work even though our OH has said i can return on Medical resticted duties of which there has been plenty for me to do they will not appointment to any post.

I have now had my case passed on to the Solicitors in Leeds to look at as it is eveident that i have suffered Disability Discrimination in the form of no reasonable Adjustments and preventing me from returning to work by putting barriers in my way.

Thanks to all for your help i am eternally greatful

Regards
Stillo