Disability act

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Disability act

Postby drinky1969 » Thu Jun 07, 2012 1:08 am

Hi I am very new to this and have been diagnosed last year with fibromyalgia I also have hyper mobility syndrome. Can you anyone tell me if these are classed as a disability under the disability's act I am having problems at work and I think that they are going to try and use my conditions to get rid of me. I have been there for 11 years. My sick record is not great but as you all ate aware when you constantly feel like crap it can be extremely difficult. Any help or advice you could give would be appreciated. Thanks
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Re: Disability act

Postby Plain Jane » Thu Jun 07, 2012 1:51 pm

Hi Drinky, it absolutely does come within the disability act now called the equality act and don't let them tell you otherwise. Have a look at Fibromyalgia UK website there's loads of stuff on there and there are helplines too. As an aside I am now a designated home worker with my employer but it took a lot of time, effort and I have to say distress to get this 'reasonable adjustment'. I couldn't have done it alone though, I had the help of my union. The employer was taken to employment tribunal but withdrew after their solicitor's advised them my request for reasonable adjustment was legitimate and their attempt to avoid it indefensible. It should be said that things aren't always great as there's very little IT support and when something goes wrong our IT people always tell me to take my laptop to a local office but my reasonable adjustment means that I am not required to so they have to send an engineer who takes it to the office if necessary. You've probably guessed that I work for a large national employer and if you work for someone small don't let that put you off. Yiou may not need to work from home, I got mine because of my long commute each day, but they could simply agree to accommodate your need for extra sick leave and if you work at a desk using a computer they should consider specialised equipment if it would help, you'll need a work place assessment so that the equipment provided isn't exaggerating the muscle pain/spasms that we get, you also need to get their agreement to regular breaks just to go for a walk round every 30 minutes for just five minutes or so to keep you from getting too stiff and so called comfort breaks alone don't cover it. If you're not a union member I strongly recommend that you sign up if possible because they have legal advice at their fingertips, they have experts on health conditions and the equality act and apart from your subscriptions you won't pay for their help and support. Good Luck
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Re: Disability act

Postby FluppyPuffy » Thu Jun 07, 2012 3:06 pm

:welcome: to the forum Drinky :cup1: :cup1:

Sorry to hear you're having work-related problems. FM is covered by the Equalities Act (replaced DDA in 2010). If you have a union rep/staff accociation/occy health type people or can get to see a Disability Employment Advisor (based in job centres) they should be able to help and advise you with info relating to your specific situation.

There are other organisations that help people with illness/disability in the work environment, including Remploy and The Shaw Trust, that may be able t advise/help you.
As a Public Moderator of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia.

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Re: Disability act

Postby chrisgoneferal » Thu Jun 07, 2012 3:50 pm

Everyone with Fibro needs to join a union. They are not fantastic but they are better than nothing.

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Re: Disability act

Postby 2steps » Thu Jun 07, 2012 8:02 pm

Not all unions are brilliant, my full time union Rep "GMB" told me I would lose my job they also failed to turn up to welfare meetings, my solicitor went sick but Simon Johnson from remploy came out and met me at work to decided on a course of action.
I was subsequently offered redployment without having to apply for the job and Simon came to every meeting with me and stopped my employers bullying me.
Also occy health was helpful they wrote a letter quoting a famous court case.

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Re: Disability act

Postby fibro-lu » Thu Jun 07, 2012 9:11 pm

which famous court case?
all the best :cow-wave: Lu
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Re: Disability act

Postby 2steps » Fri Jun 08, 2012 6:06 am

Archibald versus Fife.

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Re: Disability act

Postby fibro-lu » Fri Jun 08, 2012 8:40 am

thank you
all the best :cow-wave: Lu
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