Advice needed re: Disability Discrimination Act

Googlewhacker

dizzyblonde82 wrote: »

I am a member of a Union - I joined a few months ago as chances are I will be out of a job before soon anyway due to me working for the local Primary Care Trust.

talk to them then, that is what you are paying the fees for and get their take on it

Emmzi

I work in HR. Your employer's offer sounds reasonable to me. While you say you are "entitled to" a certain amount of sick pay - this is only wage wise - anyone with over 10 days of a year, say, I would be looking at to see if they are able to fulfil the terms off their contract. With a condition such as your I might add 50 or even 100% - but you would still be way over my trigger points for dismissal.

Your employer is also being flexible - you can work extra when you are able.

To be blunt - in your position, with no prospect of a full recovery, the options are
a) some work (where you are)
b) JSA
c) Some work in a non physical environment but I struggle to think what
d) a view on DLA/ IS - but this is very difficult to claim

I would have a good think about what I see as a generous offer from your employer - they are certainly far more lenient that I would be in a commercial organisation.

dizzyblonde82

I should have pointed out that this was only a suggestion from my manager, he is yet to seek advice from our HR department - I was only trying to find out if this is a likely suggestion that may be offered to me.

I work in an office environment so it is not a physical environment, I have had fit notes from my GP which stated that I could return to work but due to company policy they wouldn't let me return until I stopped using crutches.

A_nice_fellow

Uncertain wrote: »

What an utterly offensive response to the OP's situation. :mad:

Rubbish. Unless you're suggesting that she has a moral disability to go with her physical one?

asc99c

I think your last post completely changes my opinion. You are happy to go back to work, your employer doesn't want you to return whilst using crutches. Essentially for some proportion of the time, your employer is choosing for you to be on sick leave. Rather than arranging contractual changes, I would simply try to arrange an exemption to the usual policy, such that you can work whilst on crutches. How much of the time off sick have you been both willing to return to work and had a fit note from a GP?

Indie_Kid

Emmzi wrote: »

d) a view on DLA/ IS - but this is very difficult to claim

IS can't be claimed by people because they're unable to work due to disability. DLA can be claimed by those with disabilities who are working.

dizzyblonde82

asc99c wrote: »

I think your last post completely changes my opinion. You are happy to go back to work, your employer doesn't want you to return whilst using crutches. Essentially for some proportion of the time, your employer is choosing for you to be on sick leave. Rather than arranging contractual changes, I would simply try to arrange an exemption to the usual policy, such that you can work whilst on crutches. How much of the time off sick have you been both willing to return to work and had a fit note from a GP?

I was advised by my GP that I was able to return to work on crutches after about 3 weeks for the ops in 2008/09 and after 1 week in 2010.

Emmzi

I dont understand why your employer won't let you come back then... what do occupational health say?

dizzyblonde82

My employer said that they couldn't risk me having an accident whilst on crutches at work, my employer only referred me to OH once I had returned to work and the first time I saw them in 2008 they couldn't offer any advice, in 2009 my employer chose not to refer me as they had had a report from my ortho surgeon and then they referred me to OH in Oct 10.

I have been back at work for 6 weeks following my last op and am due to have a meeting with the HR department in January to review my attendance at work and I am trying to find out more information on what they can/can't do before this meeting.

Emmzi

Ask to see the risk assessment that says its too dangerous for a person on crutches to be in the office.

Ask if it makes a difference if you used a wheelchair (more stable, although maybe a mental challenge for you).

They don't seem to know a lot about disability.. I think you need to ask for another OH referal as well.