I have a fit note, what are my rights?

GlasweJen

I've been disabled since before I started with this company. The new issue is the onset of myasthenia gravis so moving the timing of the meds won't help as then instead of my speech slurring I'd just lose the ability to open my eyes as the day progresses, as it is my vision also deteriorates as the day goes on but as I know where everything is this doesnt affect me much (but it would if they re-sited me)

The condition is here for the long run, it's hard enough to treat without having to balance my anti-rejection meds and the meds that are helping with the side effects of the myasthenia meds. My consultant said that the disease will progress over the next 3-5 years before stabilising. My sick note is for 4 weeks as I see a consultant in 4 weeks for another meds review - I won't be able to work evenings for a long time if ever again.

In terms of the re-site, most other sites close at 5:30 but they open earlier meaning I'd need to renegotiate my access to work contract with the taxi company - this will be difficult as the job centre are behind with their payments and the company (only one in the area that does credit work) are on the verge of pulling my run. Also I don't know these other stores and I'm working with visual deterioration throughout the day, I do tend to roll into things just now - I imagine it would be a thousand times worse in a place I don't know that isn't geared up for a wheelchair.

I'm terms of the other people contracted to days only, there aren't any other issues in the back ground - she just changed child minder and wanted to change her days. Another staff member who was on days only has also upped her hours and taken on more days but again, no evening shifts.

KiKi

sniggings wrote: »

you are arguing that child care issues which last years, should take a back seat to a fit note that is only in place for a matter of weeks?

This is not about disability v childcare but childcare v a fit note for 4 weeks, of course childcare needs come before a fit note!

Sorry - I appreciate that looked very confusing! My post was about the RA in the context of a longer term change because of her disability, not just a fit note. I hadn't quite read the point about it being a short-term fit note adjustment. I assumed (which one should never do) that she was talking about a longer term adjustment, as I happen to know Jen's disability from another forum she posts in, and I know it's causing long term issues.

So no, for an adjustment for one fit note for a few weeks, I wouldn't put that above a long term flexible working request.

*note to self: read post*

dori2o

GlasweJen wrote: »

I've been disabled since before I started with this company. The new issue is the onset of myasthenia gravis so moving the timing of the meds won't help as then instead of my speech slurring I'd just lose the ability to open my eyes as the day progresses, as it is my vision also deteriorates as the day goes on but as I know where everything is this doesnt affect me much (but it would if they re-sited me)

The condition is here for the long run, it's hard enough to treat without having to balance my anti-rejection meds and the meds that are helping with the side effects of the myasthenia meds. My consultant said that the disease will progress over the next 3-5 years before stabilising. My sick note is for 4 weeks as I see a consultant in 4 weeks for another meds review - I won't be able to work evenings for a long time if ever again.

In terms of the re-site, most other sites close at 5:30 but they open earlier meaning I'd need to renegotiate my access to work contract with the taxi company - this will be difficult as the job centre are behind with their payments and the company (only one in the area that does credit work) are on the verge of pulling my run. Also I don't know these other stores and I'm working with visual deterioration throughout the day, I do tend to roll into things just now - I imagine it would be a thousand times worse in a place I don't know that isn't geared up for a wheelchair.

I'm terms of the other people contracted to days only, there aren't any other issues in the back ground - she just changed child minder and wanted to change her days. Another staff member who was on days only has also upped her hours and taken on more days but again, no evening shifts.

Is this a fairly large company?
Do they have a Occupational health provider? i.e. ATOS or Capita Healthcare or similar?

If they do ask for a Occupational Health referral for this to be discussed. If it is a long term (more than 12 months) condition then it could fall under the Equality Act as a disability.

the Employer should ask the OHA whether your condition would be considered a Disability under the Equality Act and what if any reasonable adjustments they could consider.

Once this comes back from the Occupational Health Adviser, you will have a better chance of getting the adjustments you need. However, i would agree that they are within their rights to request that you move to another part of the business (which may be another site) if that part of the business can better accommodate you. I don't believe there is anything they are responsible for with regards to your earning potential.

theoretica

As the other site is medically unsuitable you may need to go back to your doctor to get the fit note amended to say you are capable of the day shift in a familiar working area.

GlasweJen

dori2o wrote: »

Is this a fairly large company?
Do they have a Occupational health provider? i.e. ATOS or Capita Healthcare or similar?

If they do ask for a Occupational Health referral for this to be discussed. If it is a long term (more than 12 months) condition then it could fall under the Equality Act as a disability.

the Employer should ask the OHA whether your condition would be considered a Disability under the Equality Act and what if any reasonable adjustments they could consider.

Once this comes back from the Occupational Health Adviser, you will have a better chance of getting the adjustments you need. However, i would agree that they are within their rights to request that you move to another part of the business (which may be another site) if that part of the business can better accommodate you. I don't believe there is anything they are responsible for with regards to your earning potential.

I think we are fairly big, there's more to the company than what I do but I know one of the main bits is call centre based and I can't work in a call centre as I wear 2 hearing aids and i can't use a telecoil as I have a pacemaker.

The part I do is sales, all of the shops are similar in terms of what they do but the shops are all different shapes and sizes. They only want to move me so that they can move in someone from another shop to do my old hours. This wouldn't be a problem if our shop hadn't been allowed to get so understaffed. Even if we stick to the current pattern of needing 2 people on every night Monday to Friday and everyone who does nights doing 2 nights each we would only need someone to do 2 late shifts per week. This could be covered with over time rather than a person swap - we usually end up with people from other branches covering our shop anyway but always day shifts.

As I'll be there every morning they could just ask the cover people to do evening shifts on over time instead of the mornings that they do now.

ETA I don't know if we have occupational health as I've only ever received my contract, no hand book or anything and I've never had an induction either.

CFC

I think Jen you will find the sticking point is that this is a short term fit note. Obviously this is not *really* about a short term illness that will be resolved within the 4 weeks, but is related to your disability and is therefore going to be more of a long term issue, from the sounds of it.

A reasonable adjustment for disability is not the same as a short term adjustment for a fit note. You need to rephrase your request and speak to your employers re a long term adjustment.

GlasweJen

Well just to throw another spanner into the works the company interviewed two people for my site over the weekend and one happens to be am old school friend of mine. She contacted me after to see if I knew how the interview went then went onto tell me that the manager was talking about her working 5 day shifts!

I have a meeting with HR at some point (no dates confirmed yet), I'm not a happy bunny in the slightest at the moment.