Does anyone know?

Moderators: perseus, *Lisa*, FluppyPuffy

Re: Does anyone know?

Postby Clare68 » Mon Feb 27, 2012 8:24 pm

Hi everyone
Just a bit of an update. My colleague did not have to resign her old fulltime contract they amended it and she then resumed on 2 days.

Another thing i thought about today also the Occupational health doctor recommended an ergonomic assesment of my work space ( after i asked him to) My employer handed me a number for the DWP assesment team and told me this was something i had to organise myself?? Another colleague i spoke to said she did'nt have to do that, it was all done for her.
When i did call the number the guy i spoke to did everything he could to put me off the 'tax payers' paying for it and told me to tell my employers that it could end up costing them more money due to the suppliers they use for equipment. He sent me some paper work anyway and i shown it to my employer and i pointed out the minium they would have to pay something like the first £800 and she nearly ripped my head off and said ' i'n not paying for anything'. At this point i thought sod it and was already feeling low enough so left it a few days until my husband said he could get a really good chair from work (perfactly legal lol) i told my employer who said ok but after taking it to her boss she said no it would be a breach against health and safety and they agreed to get me one....i feel they have also failed me there.
I have today emailed my anager for the reasons of terminating my current contract and not amending then only issuing me the 6 month fixed term one and asked for the to put it in writing.
I also asked them to book me in for another Occupational health assesment after turning it dowm last week (after i told them about the pintless first one) I think it will be in my interests to be as compliant as possible.
I will keep you all updated!!
Clare x
Clare68
UKFM Member
 
Posts: 32
Joined: Tue Sep 20, 2011 1:25 pm
Location: North West

Re: Does anyone know?

Postby Clare68 » Mon Feb 27, 2012 8:34 pm

Sorry it's me again
Mean't to add the assesment for my colleague was done through a private company not the DWP team that they wanted me to go through.

Right i have finished now.....honestly ;-)
Clare x
Clare68
UKFM Member
 
Posts: 32
Joined: Tue Sep 20, 2011 1:25 pm
Location: North West

Re: Does anyone know?

Postby Ldyalb » Mon Feb 27, 2012 9:47 pm

Ok so they definitely treated your colleague more favourably than they are treating you - i.e. a simple amendment of her contract. Yet they don't want to do this for you.

I smell a massive rat here I'm afraid hun. Sounds like they're being difficult generally also re: chair issue, making you chase it up etc. I'd have imagined that would be the responsibility of either HR, Facilities or Health and Safety if your firm is large enough to have a H+S officer.

You've done the right thing re: emailing your manager. Make sure you have a copy of that email on your personal emails. I'd also consider writing to them formally to request it in writing - leave a paper trail which they can't deny. Have you spoken to HR about this at all/have they spoken with you to discuss this? If not I'd consider speaking to HR and ask them to explain about the contract because you're confused.

You definitely want some legal advice surrounding this as it does seem they're trying to force you out/give you 6 months notice by stealth. I know you've spoken to ACAS but have you contacted the CAB and/or a DEA/Remploy etc? I would do this asap as they can advise you what to do next.

But definitely keep everything in writing, make sure you keep a diary/log of everything that happens, when you've had meetings, and with whom, when you've requested certain things, when your manager has seemed annoyed re: chair etc.

I almost sued a year ago when I was fired but I couldn't afford the disability discrimination case in the end as my partner earned too much for me to qualify for legal aid, even though I had no money in my own right. I made sure I forwarded emails to myself, kept all the threatening letters HR sent me, made a note of what was said at each meeting. When my job went I, my boyfriend and my Mum all wrote down everything we remembered that they had done wrong and then collated it. When you see it all written down in one place you start to remember more, and you see the cumulative effect of it all.
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
User avatar
Ldyalb
UKFM Regular
 
Posts: 1667
Joined: Sat Nov 13, 2010 6:46 pm
Location: Lincolnshire

Re: Does anyone know?

Postby Clare68 » Mon Feb 27, 2012 10:03 pm

I have printed of the email i sent as i have to use a shared email address, we don't have an HR dept as such, but i am dealing with a practice manager of sorts (complicated) and he is having his strings by higher beings lol.
I have tried calling CAB on several occasions and no one answers, so will try Remploy in the morning.
I am so annoyed as i can see what they are trying to do, i think though if i don't back down and agree to sign the new contract they will tell me i have to go back to 32 hours and i physically can't do that so would have to resign, but my thinking is that would be constructive dismisal Either way being sacked in 6 months or resigning they will also be depriving me of income for the next 20 odd years (who's going to employ me) and a decent NHS pension as up until now i've only been paying into it for 3 1/2 years. I would'nt get any benefits as my husband earns too much.
Clare x
Clare68
UKFM Member
 
Posts: 32
Joined: Tue Sep 20, 2011 1:25 pm
Location: North West

Re: Does anyone know?

Postby Ldyalb » Mon Feb 27, 2012 10:50 pm

http://www.remploy.co.uk/contactus.ashx

There's the Remploy branches. I hope there's one in your area.

Wrt benefits the two main disability benefits should hopefully be potentially available to you. I'll give you a quick breakdown.

Disability Living Allowance - http://www.direct.gov.uk/en/MoneyTaxAnd ... G_10018702

Isn't means tested. David Cameron was able to claim it for Ivan and he's a multi-millionaire. So this one won't be affected by your Hubby's earnings, or your savings - just depends on if you meet the criteria. You can get help with filling in the forms and appealing a no decision etc. It can be a tough one to get, but worth persisting with if you're eligible.

Employment and Support Allowance
http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_171894

I couldn't claim ESA when I left my job, purely because, at 22 years of age I hadn't been able to pay enough NI for Contributions Based. I couldn't claim Income Based as I lived with my boyfriend who earned too much. I get it now I live with Mum and Dad. But if you've paid your NI you should be able to get it.

I think if they force you to either quit, or take full time hours it could well be either Disability Discrimination or Constructive Dismissal. Hopefully you can get legal advice soon.
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
User avatar
Ldyalb
UKFM Regular
 
Posts: 1667
Joined: Sat Nov 13, 2010 6:46 pm
Location: Lincolnshire

Re: Does anyone know?

Postby Clare68 » Mon Feb 27, 2012 11:06 pm

Aw how awful you were forced out of your job at such a young age, that is dreadful.

I have tried claiming DLA about 5 months ago and was turned down after a half hearted attempt at filling in the forms. I did'nt appeal as i was'nt in the right frame of mind at the time. My condition has got alot worse since then and my arthritis has picked up speed so i have got a new set of forms and will be camping at the CAB office until i get seen. :crazy: The funny thing is it is in the same building as i work in but have never ever seen it open :crazy:

I will not let my employer get away with this and if i have to take it all the way i will. I am going to check my home insurance docs as well to see if i am covered for this type of legal work.

Employers can't keep getting away with treating already disadvantged staff like they do and this bloody goverment does nothing to help people like us.

Thankyou for your advice it's much appreciated, i have the backing of all my work colleagues but it's always nice being able to discuss with someone who understands what you are going through.
I will keep you updated. :-)
Clare x
Clare68
UKFM Member
 
Posts: 32
Joined: Tue Sep 20, 2011 1:25 pm
Location: North West

Re: Does anyone know?

Postby Ldyalb » Tue Feb 28, 2012 12:13 am

I get it completely. It's an absolute nightmare the way some employers will treat people. I've seen the best and the worst, some jobs were absolutely brilliant, the rest mind blowingly awful. Just hope I get some better luck next time :-D

I really hope you get seen by the CAB soon. It's worth re-applying for DLA and making sure to do the forms thoroughly. They turn lots of people down first time as standard, but lots do get overturned at appeal and get the money they need. They just rely on saying no to lots of people straight away and hoping they'll not appeal, or re-apply again. So we need to show them we mean business and keep fighting.

You're right re: the government. I have no idea how they think this scrounger rhetoric will get us all off benefits and into work - if the government keep spreading lies about how all disabled people are liars, fakers, lazy etc - who's going to want to emply people who have that stereotype? Surely a 'disabled people are great' rhetoric, showing how actually many disabled workers are very loyal employees for companies which treat them well would make more sense.
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
User avatar
Ldyalb
UKFM Regular
 
Posts: 1667
Joined: Sat Nov 13, 2010 6:46 pm
Location: Lincolnshire

Re: Does anyone know?

Postby Clare68 » Tue Feb 28, 2012 9:37 pm

Hi me again :-)

I called the Equality and Rights commision this morning they were very helpful and told me to write a letter quoting the 2010 act and gave me the general facts to put into it.

I compiled the letter when i got into work (actually impressed myself and work colleagues) :lol:
They have 2 weeks to reply, and i have a feeling they will wait until the last day.
If they don't agree to my resonable requests i can then contact the commision again and they will make contact with them and take it from there.

So the clock is ticking! ;-) .
Clare x
Clare68
UKFM Member
 
Posts: 32
Joined: Tue Sep 20, 2011 1:25 pm
Location: North West

Re: Does anyone know?

Postby Ldyalb » Tue Feb 28, 2012 11:36 pm

That's good news, glad you've been able to get some help. Hopefully you can secure your job and make them see they're being unreasonable. At least if you don't you'll have more of a case against them if they play dirtier as you've been doing everything by the book to get things sorted out.

I also think they'll wait until the 11th hour to reply. It's a common tactic but at least it gives you plenty of time to research further into it and make your plans.

Good luck!
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
User avatar
Ldyalb
UKFM Regular
 
Posts: 1667
Joined: Sat Nov 13, 2010 6:46 pm
Location: Lincolnshire

Previous

Return to DWP, Working & Benefits

Who is online

Users browsing this forum: No registered users and 2 guests