Signed - number 184 - also commented that Atos are over zealous Cheers - Scousegeezer

Chicadeb, You can ring up and make a claim. They will want to know how long you were out there, if you worked and if you have brought back an E330 with you to prove you made contributions. Whether you will get conts based JSA or Income based I cannot say, but you can certainly claim. Cheers - Scousegeezer.

Donbracho, You have stated in your first post that you have apted oput of the 48hrs rule. I assume you mean the opt out catered for in the working time directive. There lies your problem. If you have opted out and you have turned down/refused to work a shift - even though it would put you over your contracted hours - the company can mark you down as absent. It is a couple of years now since I have dealt with this type of problem , as a union rep; so I would recommend you read up on the working time directive. If you can no longer work more than the contracted hours, I would recommend that you have your opt out recinded by formally putting it in writing to your company - stating the reasons why. Good luck . Scousegeezer.

Hi cbbc + evry1, First of all you have to remember what you put on your initial application for ESA. You have to put exactly what you condition is and exactly how it effects you. So mine is spinal trouble and I can't sit/stand for more than a few minutes. Now I know that when you are at home you will sometimes sit or stand longer than you would if you were at work. This is because you are not concentrating on your work , the pain affects your concentration and makes you tired, but you have to stick to what you have put on the application form. So, when I went in for my appointment and reported to reception ; I looked around for cameras ( which ar there for security reasons - NOT). I did this whilst the receptionist was looking for me on the list for the day. There were cameras , but there was also a clock on the wall. Because I had to walk a short distance to the building and then on my feet for a few mins whilst I got to the floor , via a lift and short walk to the reception I sat down right away - with relief on my face. stayed sitting down for the relevent time - watching the clock, then stood up for a few mins. Little later went for little walk around the reception area. Kept doing this until I was called into the examining room. Once in there the doctor - he was a doctor - said I could take a seat. Looked at seat no arms on it - told him I could not as it was too low and no arms. Stood for whole time , every now and then stretching my back etc. Leaning on my stick to take weight off my lower back . All the time remembering what I had put on the application form. DO NOT answer any questions straightforwardly. Example - Can you cook a meal ? - Answer - ONLY if I do it in stages. Peel the spuds then sit down for few mins, go back do the veg, sit down for a few mins. Can I cook a meal - yes I can but DON'T just say yes. Your answer is correct but not strictly accurate as far as method is concerned. If you answer yes I can and then go on to expalin, they will just record the answer as - Yes I can cook a meal. It's all about the way in which you answer the questions. I hope I have xpalined myself properly. When I left the building en route back to the car I ensured I stopped walking every so often whilst still in sight of the building. Just in case I was being watched - I wasn't being untrue - just made sure they saw what was happening. Hope this helps - Cheers - Scousegeezer.

cbbc, I had my work focussed interview a couple of weeks ago - BEFORE I knew the result of my med ass. At the interview I was asked what sort of work I thought I could do. I explained that I did not think that I could work. I was then asked when I thought I may be able to return to work, so I explained that I have a degenerative condition ( Degeneration of Sacral Lumbar spine). I told the interviewer that I very much doubt that any employer would take me on. Especially as I can no longer stay at a work station for more than 20 mins , then have to go for a little walk. I further emphasised that at any time I could get searing pain around my pelivic girdle and down my legs , which causes my legs to give way and I fall to the floor (even with my stick). I told him that Health and Safety and Insurance wise an empoyer would not touch me. He just accepted what I told him and said they would stay in touch. Probably have to go for a WFI again in about six months. Cheers - Scousegeezer

Hi All again, Sorry, forgot to say something - due to being so pleased with the result. A VERY big thank you to everyone on here for pointing out the pitfalls of the "medical". I remembered to qualify all my answers etc - once again - thank you. Cheers - Scousegeezer

Hi All, In answer to the question - mine was on 28/04/10 and I have quite literally just received the result. Postman has just been. There was another thread on here which asked the question - does anyone ever pass the medical - well I have - the letter states I will continue on ESA. Cheers - Scousegeezer

NWM, It may well be that they are aware of the above case and in effect have timed themselves out. As I have stated above - they are entitled to performance manage their staff - it does not mean that it is discipline related. What is the basis of you allegation of discrimination. Have you seen your union about all this. The information supplied so far on this thread should assist him/her. Cheers - Scousegeezer

NWM, Do you have any correspondence stating that the gross misconduct has been halted/withdrawn - as you state above. One would have thought that if they are "investigating" an allegation of gross misconduct they would like to conclude it ASAP. After all it would be in the best interests of the employer ( negative publicity and all that). If you do have corresondence stating it has been halted , they cannot re-instate it. They CANNOT have two bites of the cherry. I would habe thought that if it was GROSS misconduct they would ensure they found someone/ time for the investigation to be completed. As for the perfoprmance side of things, the organisation are at liberty to monitor their employees and if they feel that there is room for improvement in an individuals performane they can give targets to be reached. Performance does not have to relate to discipline. Hope this helps. Cheers - Scousegeezer.

Allwood, I think probably because the union membership at a particular workplace is not very strong, they sort of lose interest. I also think that some union reps only take the position because it gets them out of the workplace for some days a year and they dont really know what they are doing. A miriad of reasons really- nothingparticular or specific. You should push for legal representation for your wife though. If they fail to allow you access to legal representation, I would go and see an employment specialist lawyer ; no win no fee. With a view of suing both the union, for their failure in representing your wife and also the employer for failing to make reasonable adjustments. Fernox, Was the accident reported in accident book at work and reported to the HSE. Have you taken legal advice through the union solicitor for damages for the accident at work. In view that your injury was caused/exacerbated through the accident at work you MUST push for your condition to be recognised as a disability and once it is get the final written warning expunged from your record as it is disability related sickness. Cheers - Scousegeezer.

Fernox, There is no such thing these days as registered disabled. As BRB points out the correct procedure is to get you company to accept that you are covered by the DDA. Your union should help you with this. The conditions you have are degenerative and are therefore covered by the DDA. Your company may want you to visit their OHU, but that should not be a probelem. Approach you line manager with a report requesting the company to accept that you are covered by the DDA and report back when you have the result from the employer. Once your employer accepts that you are covered by the DDA, they should not take any sickness into account when considering capability. However, they can dismiss you on capability grounds if it is clear that you cannot carry out your job - say if you were off work for six months a year. But before they can do that,. they would have to make reasonable adjustments in the workplace to accommodate you and assist you to do your job. Hope this helps. Cheers - Scousegeezer

Me Too, My experience of the DDA is personal ( having taken employers to ET for Dis. Discrim.) and also as a Union Rep. I am NOT a lawyer and I am NOT legally trained. IMHO, you may not have a case for Dis. Disc. for their failuer to accept you are covered by the DDA at an earlier time. There is nothing within the DDA that states that an employer has to accept an amplyee is covered by the DDA , just because the employee thinks that they are. Again, IMHO if you did tey to take the employer to ET for Dis. Disc. there "defence" would probably that they had conflicting reports and therefore it was their judgement to not accept that you were covered. It would appear that once any conflict was cleared up- ie the PHI appeal was allowed - they then accepted that you were covered by the DDA. An ET may find that they actually behaved reasonably due to the conficting reports. However, as you are going to see a solicitor I would recommend that you take his advice and NOT mine. I hope they are employment specialists. Good luck with everything. Cheers - Scousegeezer.

Me Too/ BRB, Just a couple of questions which I feel are pertinent. I understand from previous text that the employer initially refused to accept that Me Too was covered by the DDA. From my reading of the text so far , the employer has now accepted that the OP is covered by the DDA. So the questions - do not be specific with the answers- I understand your sentiment for not wanting to be identified. 1) When did your employer (if they did) accept that you were covered by the DDA. Was it after you won your appeal regarding the PHI cover. 2) Has your employer put pressure on you to return to work since accepting you are covered by the DDA or did they put the pressure on before. 3) What is it you wish to achieve. Do you want compensation , or reasonable adjustments to be made. Cheers - Scousegeezer.

Hi All, How about making a complaint of " Gross Misconduct in public office" - telling lies. When I had my WCA a couple of weeks ago, I was only in there for about 15mins. I was not asked how long I can sit for, how long I can stand for or how long I could remain at a workstation for without having to go for a little walk. The "doctor" who conducted the WCA seemed more interested in asking me if I fed my cats. Yep that's right. I told him I did , he has probably interpreted that as meaning I can bend to the florr which I can't. The report will probably read that I can bend over and touch my toes , which I can't. To feed my cats I use a reacher ( a grabby thing) . So when my report comes through and states I can stand for x mins and sit for x mins , I will also wish to make a complaint. I rather think the complaint outlined above is the one I would make. If ebough people make this complaint after receiving a copy of their lying report, then someone, somewhere sghould start taking notice. Thoughts. Cheers - Scousegeezer

Conniff, That would be up to the individual and the company's OHU to sort out. The individual could attend for a medical assessment or could sign under Data Protection for hios medical notes from his/her GP to be released to the company OHU. That said, the company can and have done so to individuals in the recent past, send you to an "independant" doctor for assessment. Of course he is "independant" even tho the co. are paying his bill. If the company do not accept that an individual is covered by the DDA after all that, the only people who can decide would be an ET or a court. I have not heard of such a case at the present time - thats not to say that there has not been one. MOst ET's are concerned with not making reasonable adjustments or general discrimination against disabled people. Cheers - Scousegeezer.

Coniff, If you mean the green card registration - as being registered disabled - that has not existed for many years and I am not aware of there being any other type of " registered disabled " anymore. The DDA has now taken over from that. To my knowledge there is no hard and fast definition of disabled - but basically it comes down to whether you have a condition that has lasted/or is expected to last more than twelve months. Cheers - Scousegeezer.

Allwood, Just google Disability Discrimination Act and it should all come up. Cheers - Scousegeezer

Allwood, No, your partner will NOT have to go through the grievance procedure again. E,ployment law and the DDA were changed last year. You no longer have to go through the grievance procedure before taking the employer to an ET. However, it does help your case if you do. That said, your partner has previously submitted a grievance - albeit with the assistance of a union rep from another union to the current one. So she has met the previous requirements to submit a grievance. She can now go straight to ET, with the assistance of the current union. If the current union state she has to submit a grievance with their assistance , just remind them of the change of law; as mentioned above and also that she has previously submitted a agrievance. She could also authorise her current union to obtain the case papers from her previous union regarding the previously submitted grievance. Hope this all helps. Once again good luck. cheers - Scousegeezer.

Allwood, The explanation you have put down is exactly what I mean, just the union solicitor will deal with it. I put "legal aid" in inverted commas, just to show that it was free. Cheers - Scousegeezer

Allwood, The decision of whether to go to ET now, or submit further grievances is a choice to be made by your partner and yourself. Personally I would opt for the ET, especially as you have stated that she has complained on a few ocassions and nothing has been done after the first "reasonable adjustment" broke down. Your partner should contact her union rep and explain that she wishes to be referred to the union solicitor. They should send a form for her to apply for the union "legal aid" scheme. Then the union and the solicitor will take it from there. I hope your partner has got all the evidence to show that she has submitted a grievances and other complaints , copies of the ltters and grievance forms etc. From now on she should keep copies of all correspondence she receives from the company and also keep a record of any conversations she has with company managers etc. The records should be signed and dated when she makes a record the conversations etc. Good luck with eberything. Cheers - Scousegeezer.

Allwood, You are deemed to be at work once at your workstation. As an ex union rep I can assure you this is the case - have dealt with a couple of these in my time. Yur partners union does not sound too good. Once you have put in a grievance you DO NOT have to keep putting in further grievances. You are then able to go striaght to tribunal. I need further dets before I can advise you further , as regards reasonable udjustments. Cheers - Scousegeezer

Applegirl, OK thanks for that. Its over to you now as to what action you wish to take. IF you can prove that those vacancies were filled after your employer became aware of your position , then you can take action now. Your decision. One last thing - since April last year you can now claim lost earning from your ex -employer at a DD tribunal hearing. Thats if you are put into the position were you feel you have to resign or your employer "medically " retires you from your position. Good Luck with everything. Cheers - Scousegeezer

Applegirl, You have not stated if you are in a union or not. If you are make an appt. with your rep right away. You ARE taking the right tack, keeping your e-mails etc. I would advise you printing them off and taking them home. E-mails have a habit of disappearing sometimes - system probelems?? I think not. Also keep a diary of any conversations , state when recorded - at earliest opportunity and sign each entry, date and time it. You employer is not obliged to create a position for you, but if there is a position you acn fill, that is available ; then they should offer the psotion to you before anyone else is considered. If they dont they are "guilty" of descrimination. But you have to be in a position to prove it - keep copies of the internal advert etc. Finally it is up to you , you could submit a grievance and see where that gets you. There are lawyers around who will assess your case and take it on a no win no fee basis if they feel the prospects of winning are good. Thats what I am in the process doing at the moment, my solicitor has issued an ET1 to my former employer for DD. The down side of this tho , is that their fees are quite high - I dont have to pay a penny unless I win - the fee - 33% of my award. I made my decision. I took the agreement - we are taking on a government dept. Cheers - Scousegeezer.

Applegirl, OK lets start with the fact that your employer has now accepted that you are covered by the DDA. It all depends on when they were advised of you being covered and when the other positions were moved to your present location. It also depends on whether the people performing those roles were relocated along with the positions. If your employer was aware of your status before the roles were relocated to you office building and there were some vacant positions then they may be "guilty" of descrimination. Has your employer made any reasonable udjustments to allow you to carry out your role. Rise and fall desk or a bespoke chair etc. If not , will reasonable adjustments allow you to do your job. If they will then your company OHU should make those recommendations. If not then the next step is re-deployment, finding you another position. If there isnt a position available for you, would light duties be possible until a new position is found for you. I would recommend seeing your union rep and see if he/she can arrange a meeting with your manager to sort out these problems. Until I have further informatiion I cannot help you anymore. If you are considering legal action for disability descrimination action , I will advise you that you no longer have to submit a grievance anymore - HOWEVER a tribunal would look more favourably on your case if you did submit a grievance first. A reasonable person would submit a grievance and give the company an opportunity to right its mistakes. After all a lot of descrimination is indirect/unintentional - due to peoples ignorance, unawareness. Cheers - Scousegeezer.

Cats Whisker, NNNIIIIIIIICCCEEE. Bet your whiskas needed cleaning after that little lot. Bset Wishes - S.G.