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The UKFibromyalgia Forums • View topic - Anyone else come across this......



Anyone else come across this......

Moderators: perseus, *Lisa*, FluppyPuffy

Anyone else come across this......

Postby Sue1968 » Tue Jul 23, 2013 8:36 pm

I am a support worker and I went to my GP this morning because my fibro pain was excruciatingly bad, I was given a 'fit note' for my employer who basically put me on the sick. The fit note said I was fit to work with a couple of reasonable adjustments, which were office based work and being static with one person (meaning that instead of going from house to house carrying out various duties dependant on need of the person I stayed with one person and sat with them for the duration of my shift) the employer immediately said they couldn't actually accommodate the request, they had spoken to a legal advice line for employers, and I was not to go into work for 2 weeks UNPAID, I am extremely upset about this as I was employed as a disabled person 3 years ago before the current manager came on the scene! I had no problem with the staying static part of the adjustment as that was my main role until ast year. I feel I've been discriminated against due to my fibromyalgia and was wanting to know if anyone else had come across this issue with an employer
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Re: Anyone else come across this......

Postby *Lisa* » Tue Jul 23, 2013 8:43 pm

Hi

I have put this topic in the DWP/working and benefits board for a better response.

Im sure someone will be able to help you soon.

Surely this is not right!! i hope you get some good advice
As a Public Moderator & Admin 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...Lisa
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Re: Anyone else come across this......

Postby Sue1968 » Tue Jul 23, 2013 10:48 pm

Sorry Lisa I couldn't seem to find where the topic may have been already.
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Re: Anyone else come across this......

Postby *Lisa* » Tue Jul 23, 2013 10:51 pm

no problem sue just want to make sure members get the best of replies.
As a Public Moderator & Admin 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...Lisa
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Re: Anyone else come across this......

Postby Ria Landon » Tue Jul 23, 2013 11:19 pm

Sounds like blatant discrimination to me. Its not your choice to not go to work so how can they not pay you! That's gota be wrong. And I'm fairly sure they have to at least try to accommodate you under the disability discrimination act. If the job you were employed to do is no longer available, isn't that a case of redundancy?? I would seek advice on this and fight them all the way.
Good luck xx
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Re: Anyone else come across this......

Postby FluppyPuffy » Tue Jul 23, 2013 11:25 pm

Sue, this is one of the topics that has been cross~posted to UKFM's FaceBook page, and the comments on there are saying about seeking advice from a union, CAB or someone familiar with the legal side of employment.

Sorry there's not much more at the moment, it's not something that I can recall coming up before and knowledge seems to be a bit sparse on the matter at the moment.


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Re: Anyone else come across this......

Postby alikat1 » Wed Jul 24, 2013 10:59 am

Would it be an idea to contact Brian Barr Solicitors as a thought? A.x
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Re: Anyone else come across this......

Postby FluppyPuffy » Wed Jul 24, 2013 12:12 pm

I'd had a look at Brian's new site but this matter seems to be out of the field that he tends to deal with. I will pm him tho to see if he or anyone in his team has any suggestions about sites that could be looked at and/or people/groups/organisations that could be contacted for advice as such info would be useful to know in case a similar post appears at some point in the future.

I did try consulting Mr Googley, Attorney at Law, but tbh I was struggling to try and work out who might be helpful with this :oops: :oops: :oops: :oops: :oops: :oops:


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Re: Anyone else come across this......

Postby zaralala » Wed Jul 24, 2013 3:37 pm

Try calling the ACAS helpline. They may be able to point you in the right direction.
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Re: Anyone else come across this......

Postby Diane64 » Fri Jul 26, 2013 9:51 pm

Hi Sue,
im going to answer in regards to how it would work in my empoyment, i am also a support worker which i am employed for a specific role, if i was to get a "fit for work" note from my doctor detailing that i could only do some of my duties but not all then i would be classed as"unfit for purpose"and therefore my employers would not accept this note neither. ( hope this makes sense)

If i was to go on long term sick with my fibro and use all my sick days up they could in effect terminate my contract under capability as i could no longer do the job i was employed to do, at present i would get 12 weeks full pay and 12 weeks half pay and then contract reviewed, i know this sounds very harsh but i also understand that my employers would have to pay a relief worker to cover my duties and also pay me for coming to work to do some work but not doing the work im contracted to do and in this current climate businesses can ill afford to do.

i am not in debilitating pain that i am bed ridden but there is a lot of days that i know i shouldnt be at work but go for the fear of it becoming an issue. im sorry that youre employers are not very understanding but i do get it as to why they may have refused your note.

Hope you get better answers from here that will alleviate your stress and upset...Di. :(
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