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The UKFibromyalgia Forums • View topic - Work capability



Work capability

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Work capability

Postby carlz25 » Mon Jan 13, 2014 12:02 am

Can anyone tell me what happens if your employer has to assess you to see if you can do your job?


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Re: Work capability

Postby FibroEllie » Mon Jan 13, 2014 1:43 am

I had one on Friday.

I had to attend a meeting with my boss (head teacher), the office manager and someone from HR, my union rep attended too. I was asked a lot of questions about the history of my illnesses (I have fibro and endometriosis) and the symptoms I experienced (I forgot some as I wasn't experiencing them at the time).

As fibro is listed in the Equalities Act 2010, work have to make reasonable adjustments.

I took with me a copy of the Act, a leaflet about fibro and my letter of diagnosis.

Good luck..
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Re: Work capability

Postby carlz25 » Mon Jan 13, 2014 1:47 am

I haven't been asked to attend one as if yet. Long story short my mum is overall manager if where I work. She just happened to say to me earlier if my team manager comes to her she may be forced to look at it.
I didn't really want to put her in a position asking about it hence me coming here.
What happens if they find you can't do your job, can they dismiss you?


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Re: Work capability

Postby Jeany » Mon Jan 13, 2014 9:41 am

They will only dismiss you if you are not able to do the job or if you have been off work for a long time, and then only after they have sent you for a private medical, which they will pay for, and if that comes back saying that you are currently unfit for the position you are employed to do, and that it is unlikely you will be fit enough anytime soon then they can dismiss you.
My company were really good I was off work with CFS/ME and Fibromyalgia for 17 months before they dismissed me, and after asking if there was anything they could do to make it easier for me to come back to work, which included looking for a less stressful position with less hours.
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Re: Work capability

Postby migrembe » Mon Jan 13, 2014 10:36 am

I worked as a staff nurse in the NHS. FMS is covered by the Disability Act in the UK, which means that your employer has to make reasonable adjustments for you to return to work if at all possible. I cannot fault the way my employers handled my case and in the end it was a joint decision for me to leave. I had been off work over a year and work was no longer paying me so money wise i had nothing to lose.

You need to decide if you think you will ever be well enough to return to work within a certain amount of time, for me work was giving me 6 months more before they would have made the decision for me. I've been off work for over 3 years now and i still wouldn't say i was well enough to return to any kind of work, too many bad days/non-functioning days.

Work should have a written policy about sickness, maybe you and your mum could look at it together?
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Re: Work capability

Postby carlz25 » Mon Jan 13, 2014 10:41 am

Not sure if it's different we are a voluntary organisation. I'm a youth/sexual health worker. I love my job but standing around stretching to write on boards and just remembering info sometimes is a real challenge.
I'm not sure work could do anymore they're very flexible when it comes to time keeping and as long as hrs are done they're ok. Plus I work nights sometimes and get the time back. It's just because we work in pairs and I feel that I can't be relied on as part of the team because from one day to the next I don't know how I'll be x


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Re: Work capability

Postby ru.campbell » Mon Jan 13, 2014 10:55 am

Hi - I've been assessed twice and the assessor was very helpful. As everyone else has said you are protected by law so they have to do everything within reason to help you do your job. My boss has said that there is also scope to redeploy staff to jobs less demanding if there are too many instances of absence but that would be within reason. There will be a cutoff point if the FMS really keeps me off too often.

I would say that you can fall back on your PIP payments if unemployed--but I applied for it 5 months ago and I still haven't been assessed...Good thing I still have a job really!


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Re: Work capability

Postby carlz25 » Mon Jan 13, 2014 10:59 am

That's my fear. I'm scared of getting to the point where I have leave work then have the stress of fighting for sickness benefits.
At times when I feel ok which I do now I feel crap for letting people down. I'm signed off work atm and things are having to be cancelled because of it. Doc won't let me back yet as my back is not completely healed and she doesn't want me bk to square one x


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