leaving work after Fibromyalgia diagnosis

frogga

Hello All,

I have been off work sick since June. I have now been diagnosed with Fibromyalgia. My work is in a primary school and quite physical - working with small children, getting down low, doing break duties and PE lessons etc - and I do not feel I will be able to continue with this specific job but I do want to work. I have seen an admin based job working from home which I could manage.

I have been told that I may be 'retired on health grounds' and, if I am unable to do my job for a physical reason because of my health, I may be able to get 12 weeks pay when I hand in my notice.

Does anyone know the truth of this and what I would need to do to find out? Do I ask for this? Do I not resign and wait to be dismissed? 

Ayr_Rage

If you are a Union member take advice from them.

Put the ball in your employer's court and let HR decide your fate, that way you may get a decent severance deal which you would not get if you simply resign.

frogga

Thank you for your reply Ayr

I'm not in a union, I'm support staff not a teacher, just a HLTA (Higher Level TA). I don't want to lose the chance of a new job I have seen by dragging this out either. I would like severance pay, but not going to be greedy and risk losing the chance of this other job if it drags on? The Head told me I needed to have an interview with Occ Health but that was 2 weeks ago and they have not been in touch.

Undervalued

frogga said:

Hello All,

I have been off work sick since June. I have now been diagnosed with Fibromyalgia. My work is in a primary school and quite physical - working with small children, getting down low, doing break duties and PE lessons etc - and I do not feel I will be able to continue with this specific job but I do want to work. I have seen an admin based job working from home which I could manage.

I have been told that I may be 'retired on health grounds' and, if I am unable to do my job for a physical reason because of my health, I may be able to get 12 weeks pay when I hand in my notice.

Does anyone know the truth of this and what I would need to do to find out? Do I ask for this? Do I not resign and wait to be dismissed? 

Hi Mrs Frogga

Sorry to learn of these issues, I think we exchanged quite a few posts regarding Mr Frog's work situation on here a year or two back?

How long have you worked there? They have to give you 1 week's notice for every year (up to 12) so if you have been there a long while they are not actually giving anything but your statutory notice!

That said, if you are sadly unable to work for medical reasons they can terminate your employment just by paying your notice and any untaken holiday entitlement.

Does your illness count as a disability? This is important because if it does then they must, by law, make "reasonable adjustments" to try and help you continue in your job. Obviously that only goes so far, they only have to do what is "reasonable".

Even if not a disability (or if you would rather leave) it will still take them some time to cross the T's and dot the I's to terminate your employment lawfully. Unless this other job really suits then the general advice would be to play the school along s-l-o-w-l-y and let them make the moves. Or you could suggest say "give me six months pay via a settlement agreement" and I'll go quietly!

frogga

Hello Undervalued, I remember you!!! You were REALLY kind and very helpful!! Yes, both Mr Frog and I are falling apart he he he!
I have worked there for 8 years and have loved it. I love the staff and the children and I am very sad to be leaving. It's just that it is a very physical job, and you have to be your game all the time. I am often very stiff and tired and would not be able to get down on the floor with the little ones, or stand for such long periods of time walking around bending over etc.  I don't think Fibromyalgia is classed as a disability? I don't know though?

I have seen a job working from home in an admin position. The hours are 30 a week but can be done at any time. So, if I wake up at silly O'clock in the morning I can do some work, or if I want to work at the weekend I can, but I cant do that in a school. The hours in the school are set regardless of how I am feeling physically.

I obviously want to get a good deal from school if I can, but I don't want to be greedy and be an !!!!!! because they have been so lovely to me and were so very supportive when Mr Frog was unwell. I don't want to do myself out of money though?

I also don't want to miss the opportunity of this other role as it would really really suit me!

Hmmmm need to think.

KxMx

Fibromyalgia certainly counts as a disability (speaking as an ME sufferer) 


https://www.citizensadvice.org.uk/work/discrimination-at-work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act-work/

Chase the Head again for that OccH referral. 

My Mum went through similar a few years ago, Citizens Advice were a great source of help as she had no idea of her rights and her "a whole" boss was pressuring her to just quit. 

Yes, employers do have a legal duty to make reasonable adjustments, but they can still say no if it's impractical or if they just don't want to- my mum's ex boss wanted FT staff so refused to accommodate OccH and GP ruling of fit for PT work only, and dismissed/retired her under ill health grounds.

Marcon

frogga said:

I have seen a job working from home in an admin position. The hours are 30 a week but can be done at any time. So, if I wake up at silly O'clock in the morning I can do some work, or if I want to work at the weekend I can, but I cant do that in a school. The hours in the school are set regardless of how I am feeling physically.

I obviously want to get a good deal from school if I can, but I don't want to be greedy and be an !!!!!! because they have been so lovely to me and were so very supportive when Mr Frog was unwell. I don't want to do myself out of money though?

I also don't want to miss the opportunity of this other role as it would really really suit me!

Hmmmm need to think.

Is there anything to stop you applying for the admin job now, and seeing whether or not it's offered to you?

frogga

Thank you both for your replies - that link was really helpful so thank you for that xx

I had an appointment come through for Occ Health this afternoon and I applied for the job today too.

I dont want to mess anyone about, but also I dont want to miss out on severance pay if I can get it?