Forced to resign due to disability - need advice

[Deleted User]

From ACAS, who I believe far more than @wanabeexpert

Although an employer has a legal duty to make reasonable adjustments there will be times when changes could be unreasonable, therefore it can be lawful to refuse to make them. Whether an adjustment is reasonable depend on an assessment of factors including:

Is it practical to make?
Does the employer have the resources to pay for it?
Will it be effective in overcoming or reducing the disadvantage in the workplace?
Will they have an adverse impact on the health & safety of others?

[Deleted User]

Genuineguy03 wrote: »

_shel

Oh how little you and the others know shel. I've already told the MSE team in my email compliant
to them as to who I am on other forums. Let's just say if you knew you'd all be looking up to me and respectful of my advise. Let's just say I was more or less a resident employment law advisor on one. I still can post there if I wanted too as left on good terms. But that's the past. And no I won't be saying who I am, though MSE team may confirm my years of experience on advising in employment law (without disclosing any usernames too you)

Best bit is, I may have even got along with some of you. You may gave even asked my advice or used my advice given to others to advise people in same/similar situation.

So yeah guess you could say your all on notice.

As for having a business ROFPMSL - you couldn't be further from the truth if you tried.

Loves one self just a little too much me thinks.

Casey1709

LETTER BEFORE CLAIM

DEFENDENT Genuineguy03

APPELLANT Casey1709

CLAIM £15,000

DETAILS OF CLAIM

Defendent has broken his promise not to reply on this thread again as he has not been proved wrong (in his mind). This has caused emended stree and unhappiness to myself to the value of £15,000.


Genuineguy03,please supply name and address for service of papers.”

Genuineguy03

@marli

You can only be dismissed on capabilitiy grounds if your no longer capable of doing the job your contracted to do I.e completing tasks and duties required. Off course part of the procedure to dismissing someone one on capabilities grounds means first seeing what reasonable adjustments can be made, that would enable them to be capable of doing the job.

Also a lot of people dismissed on capability grounds aren't aware of the law or their rights and just accept it. When if challenged on grounds no reasonable adjustments were made the dismissal can still be unfair dismissal on discrimination grounds.

Genuineguy03

@casey. Wasn't a promise. Plus personal insults were thrown. Well as personally insulting as it can be on an online forum

Genuineguy03

@shel

Merely stating what's true.

No doubt your all trying to work out who I am. Given I was asked on my first day on these forums if I posted under any other username. Think someone even implied my posts had familiarity to them.

Casey1709

Genuineguy03 wrote: »

@casey. Wasn't a promise. Plus personal insults were thrown. Well as personally insulting as it can be on an online forum

So basically, we can have no faith in anything you post.

Btw I’m a high court judge, will you look up to me now.

jobbingmusician

Thread locked pending review from MSE team.

Andromeda14

sangie595 wrote: »

From one sufferer of exceptional endometriosis and adenomyosis for all my reproductive life, I can tell you right now that neither are classed as a disability. The pain is not constant - it is sporadic if chronic. And both are easily treatable, certainly in respect of pain - other aspects not so much but are not likely to impact on work. If the doctor thinks it is endo, then they need to get on with diagnosing it (easy) and treating it (easy). Endo is a health condition, not a disability. And it is not a long road to diagnosis. One simple surgical test done as a day patient, and the referral can be made by the GP in an instant.

Since you are a sufferer, you should really know it takes on average 7.5 years from the onset of symptoms to get a diagnosis because the doctors fob you off. So yes, the road to diagnosis is incredibly long. The pain absolutely can be constant. Everyone experiences it differently and it can be so debilitating you physically cannot move so I think it's safe to say it can impact significantly on ones ability to work. There are women out there on morphine that still doesn't even begin to touch the pain! I'm actually quite surprised you would come on here and make these damaging, sweeping statements which are entirely incorrect. Just ask any woman on any endometriosis forum and i'm pretty sure they would disagree with everything you just said. Quite often it's missed during laparoscopy because unless you're seen by a specialist in endometriosis, a general gynecologist won't have a clue. And the only way to ensure you're seen by someone with experience is to go privately. The current wait time for an NHS laparoscopy in my area is 3-6 months. Anyway, wasn't really looking for endo advice but thanks for your input.

To everyone else, i'm sorry my original post erupted into an argument. I have read all the comments and thank you all for the advice. I'm not looking for a payout or anything like that. I genuinely care about my job and don't want to be dismissed especially since I've worked so hard through the agoraphobia to get back.

But the reality is that I can't just pick and choose which days i'm able to work and don't expect my employer to be okay with that. I recognise that if they cannot rely on me to be there every day then that means I am unable to fulfill my contractual duties regardless of whether or not I have a disability.

My problem is that if I wait to be dismissed then I can never really return because I will be blacklisted and working through my breakdown and agoraphobia will feel like its all been for nothing but if i hand my notice in I am still unfit to just jump into another job and will not be able to claim JSA or disability benefits (don't meet the criteria) so unless I am miraculously cured from my pain in the next week or so then it's a poor outcome either way!

Genuineguy03

Casey touche. But have you told the MSE team, along with offer to provide proof? Like I have. And I do see why people doubt my claims, as have have come across many myself make false claims. One such person claimed to be a barrister but in fact worked for her local council. But regardless of who claims to be what, there's no excuse for people to wrongly accuse someone of giving inaccurate advice and not provide any evidence that actually supports their claim that advice was inaccurate. Nor does it excuse personal insults and every other trick employed so far to try discredit myself or my advice!

@marli - proof it. But then you can't can you, that's why you just opted to say I was talking out if my backside, without providing a shred of evidence to support you insulting assertion.