Herniated disc causing issues with capability policy.

morrit

Hi,

Not sure if this is the correct forum to post this thread in...

I suffer from repeated slipped discs from an injury that occurred about 10-12 years ago when I was a chef and carrying an extremely heavy weight.

When I am not suffering I can work perfectly well, however when I do get pain I am near enough crippled with sciatica and pain for anything from 2-6 weeks.

This doesn't happen often, maybe once or twice a year where I am in so much pain I have to abstain from work, otherwise I just battle through with painkillers.

My employer has a capability policy at work and it has started to affect this. Whilst I wouldn;t ever claim I was disabled, or want any of the assistance for disability benefits etc, would I still be classified as having a disability through injury.

Please note, I am not asking for a get rich quick idea, any benefits, or any blue badges or anything like that. I just want to know that this old old injury will not eventually get me sacked! I understand disability to have a severe adverse affect on the quality of life. However as this is so infrequent, would it be classed as such? Is there such a thing as a 'minor disability'?

Gingernutty

Can you not take further medical advice about preventing 'flare-ups' so you don't have to take from between 4 - 12 weeks off sick per year?

If there are exercises to do or some sort of brace to wear, I'd seriously consider it, especially for a back injury.

jacques_chirac

The definition of a disability under the Equality Act is 'a physical or mental impairment that has a substantial and long term negative effect on your ability to do normal activities'. The law does take into account that some conditions fluctuate. Ultimately it is up to a judge or tribunal to decide if you fulfil the criteria.

Even if you are disabled, that does not exempt you from the capability policy, but it *may* be reasonable for them to exclude your disability related absences, or to allow a higher number of absences. Again it is ultimately up to a tribunal to decide what is reasonable in the given circumstances.

morrit

Sorry, I should have explained more clearly. I don't take 6-12 weeks off work a year, but I suffer from it for about that much per year. If anything I would take a week a year off at most, but return to work when I am able to sit up straight for long enough on a shift, return home and dose up on painkillers again ready for the next day.

Doctors have said they can only treat with painkillers. There are excersises I do, but eventually it will hernia again and I am left back at square one.

As for the disability side, it's a grey area it seems. I wouldn't class myself as disabled as I am able to do normal day to day tasks as anyone would when not suffering crippling back pain and sciatica. But when it strikes it is unbearable until it rights itself. The policy itself states that '8 or more days off in any 12 month period is classified as a triggerpoint'. I have already had one disciplinary under it when I tore the cartilage and tendons in my knee and had to spend the next 2 months in recovery. Again, rushing back to work exascerbated the condition and now I seem to have gained a permanent limp, which has affected my posture leading to more back pain... Oh my God I just need putting to sleep!!! I wouldn't put a dog through this! lol

Rottensocks

If you're on the 'capability' track with work because of your condition, what 'reasonable adjustments' atre work making so that you can stay in work?

What does the capability policy say?