Medical Dismissal

unsurestray

Not sure if this is the Right forum for it, but I could use some advice.

Ill try to keep it short and not give out any details.

Ill start of by saying I worked for one of the largest companies in the world, on a production line. My Role involved a lot of wrist movement with air guns and tools. For the first 18 months I was with an agencies, but for my last 19 months i was an employee of the company. One of the benefits included private healthcare and access to physiotherapy and nursing on site.

Last May I developed a Pain and "clunk" in my wrist. I followed the correct protocol and raised it on my health records daily, and was seen by the nursing staff. They told me it was just a sprain and recommended physio. I mentioned that I had no recollection of any event which would of caused it, but was given a splint to wear (which I still have to wear today).

When I attended physio, they noticed noticed a lot of Hyper-mobility in my wrists, and sent me to see a specialist. After an X-ray, the specialist was unsure of a diagnosis, he recommended a MRI scan and gave me a steroid injection. About a week after the area which was injected became quite painful, but it subsided after a day. The MRI results showed Mid-carpal Instability, and he recommended a "wait and see" approach for six months. I was still attending regular Physio sessions at work.

Week had a 2 week shut-down period, and the pain levels reduced, however they gradually started to increase when I returned to work. After a few moths they were worse and I was taken off-line until it improved. The pain was worse but in my mind manageable. I was told I could not return to the specialist as I was not in enough pain. After an initial improvement i was told they would find me another area to work where I would not use my left hand. The Physio discharged me without an follow up.

Christmas came, and over the holidays the condition worsened and my fingers became stiff. I returned to the nurses and was given minimal treatment. One day I had a lot of pain and contacted my GP. He recommended I return to the specialist as there was No Improvement. I informed them and they told me they would make the appointment through the private healthcare. On my next visit I was told that the appointment was blocked by a manager, as I wasn't in Enough Pain.

The following week (this Monday) I was called in for a meeting, where I was told that they couldn't find me another job. I was dismissed on medical grounds and offered two packages. Both very small due to my length of service. But one topped up if I waver my rights to legal action. My company Rep advised me to take the second, as I "wouldn't be able to compete with the company legally".

I have a few days to decide, and could use some advice. I have never had any wrist problems before and feel let down.

Thanks for any advice and sorry about the long post.

NY1986

I would recommend speaking with ACAS as the condition you have may be covered under the Equality Act 2010 and you may be protected from dismissal until reasonable adjustments have been explored (like the alternative work that was mentioned).

The physio and appointments you had with the specialist do you know if the notes made from these were made available to your GP?

If you make a claim for disability discrimination the award is uncapped (however various factors are taken into account).

lvader

Another option is to make them a counter offer of a higher settlement than what they are currently offering in order to walk away. If you aren't too greedy they will often take it rather than having a long dispute.

jobbingmusician

No-one so far seems to have considered the fact that the employer may have caused the wrist problems. It might be worth consulting a solicitor (even a 'no win no fee' one, which normally I would avoid) to ensure you have reviewed all your options. (If you DO consult a NWNF solicitor, make sure you are very clear on how they are paid and what you might end up with).

justanopinion

Hi OP,


Have you raised any grievances against this? Have they conducted meetings with you properly to go down the capability process? The truth is, you cannot do the role you are employed to do. As irritating as this may be, that does not mean you are entitled to settlements etc. From what you describe, it sounds like you are employed in automotive?


Reasonable adjustments per OH are only that. Adjustments to be considered. It does not mean the company have to do offer them, if they can justify why. With manual work especially, people are more likely to have physical issue. Shift patterns tend to move to accommodate this and line work shifts so it's not just one person doing the same job all the time.


I would go back to them and advise, without prejudice, a higher amount. See what they come back with.

cattie

As somebody who has had both wrists operated on for carpel tunnel syndrome I'm quite shocked that this hasn't been a suggestion put forward for you rather than being considered totally unsuited for work.