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theblackkat

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  1. My employer referred me to occupational health after my GP sent a stern letter to them. There is a charity for my condition and I have contacted them for support and advice also.
  2. Following up on this. I have contacted ACAS and they have agreed that my condition is now a disability due to suffering for more than 12 months and will be for the rest of my life. ACAS have said that, if the employer has not used someone qualified medically to say that I am not disabled and just gone ahead with disagreeing with it themselves, they are massively in the wrong. I have it in writing from them that they didn't use any medical opinion, just their own. I also have it in writing from my employer that I am now forbidden from taking time off for this medical condition. FORBIDDEN. Funnily enough, they have set up a meeting with occupational health in the coming weeks. According to ACAS, everything my employer is doing is wrong. My case is building.
  3. Sorry, I don't mean to get snappy about it. It's just that I'm getting so stressed from my employer refusing any type of support that I'm a little sensitive about it at the moment.
  4. Ok, so are you saying that I'm not disabled based on what I've said? Regardless of whether you think so or not, the fact remains that I am disabled, I will be like this for the rest of my life and it has a detrimental effect on my daily life. I have not been referred to Occupational Health. I brought it up with HR but they did nothing. It doesn't say it's discretionary. I've been there 2 years. Not in the work pension scheme because it's worthless.
  5. Thanks for your reply. However, I feel you have missed the point of my post entirely. I am already disabled, as confirmed by my GP and ACAS. My condition is not "sporadic". I am in chronic pain and my ability to walk diminishes slightly everyday, hence the need for a walking aid. The pain is worse on some days than other, which would force me to stay at home on the days when it becomes excruciating. My employer has openly disagreed with what my GP has told them and made their own mind up. They have committed this in writing. My employer has a paid sickness policy of 4 weeks, which I have used 1 day of this year. However, they are telling me to use my annual leave for sickness. Something else which I forgot to add in my original post; When the appeal meeting minutes were sent to me, I was asked to sign them or send them back with any amendments. I sent the minutes back with amendments, as they had missed crucial parts of the meeting from it. However, I was not sent the amended notes, I did not sign them to agree to them, they simply ignored it and went ahead with the decision.
  6. Hello Everyone, I have been suffering from a physical impairment, which occured a little over 12 months ago. I have difficulty walking and suffer chronic pain because of this. I am also having tests for other possible damage to my body, which could have serious consequences for my mobility in the future, if the tests show what the doctors are looking for. Nevertheless, the state I am in now is bad enough and I will be like this for the rest of my life. When this first occured, I was absent from work for 9 days. I could have been absent for longer but felt compelled to get on with things. There was then a period of 5 days and then 1 day a few months later for the same thing. When the pain flares up I simply cannot move without great difficulty. After the last 1 day absence, I was called in for a 'welfare meeting'. However, rather than see how I was doing, like the letter I received stated, it was more of a warning that if I am absent again for this condition I will be subject to disciplinary procedures and I should be looking at it "from their point of view". I was offered no support. They also wrote to my GP, with my permission, and I also received a copy. My GP confirmed everything that I had already told them. I made a Reasonable Adjustment Request, but HR said that I needed to submit a Flexible Working Request, which is not the same thing. I submitted the Flexible Working Request. I was called to a meeting to put my point across. I felt that if I was able to do my job from home during the pain flare-ups, then the company would not lose out and I would not lose out either. My request was denied on the grounds that it would cost the company too much money to provide a laptop and my manager would not be able to monitor me as I work. Why I need to be monitored is anyone's guess. I appealled the decision and said that I was told that this was the only way to make a Reasonable Adjustment Request and they should be looking at it as just that, not a flexible working request. Although, in hindsight, I feel that they may have wanted me to submit it as flexible working for their own purposes. I appealled and was invited to another meeting. This time I felt that the attack on me was harder than the last time. I was told that I should expect to be paid less if I worked some days from home, as I would have no travel expenses. I was also told to take annual leave if I cannot get into work! The company offers 4 weeks paid sickness, of which I have only used 1 day of this year, I do not feel it is right that I have to use my own annual leave if I am unable to get to the office. Again, I asked for support and received none. When the decision came through it was denied, as I knew it was going to be. They said that they do not agree with anything on the doctor's letter to them, nor do they agree with the doctor that I am now disabled. I use a walking aid to get around! Also, it was the same things as before; It would cost the company money and my manager cannot monitor me. the letter also told me that I will be invited to a meeting with HR to discuss my GP notes. I feel that they are setting me up for constructive dismissal, it is really upsetting me and I really don't want to go back into that place. They are making it extremely hard for me. I am trying to come up with solutions and they don't want to know. What can I do?
  7. Hi, Sorry, when I say "I foresee", I mean that given the waiting time for tests and treatment, I foresee it lasting 10 - 12 months before anything starts to look up if it does at all. So, I'll be in for a long wait.
  8. Hi, I understand why most would like the annual leave given back to them. However, my employer pays nothing, a big fat NOTHING, when you're sick, so any money that I can get when I'm sick is welcome. My condition involves restricted blood flow to my brain, which is causing constant lightheadedness, difficulty walking and extreme pain. If it can be treated, I foresee it lasting at least 10 - 12 months.
  9. Hi, Last week, I was diagnosed with a serious medical condition which is affecting my brain and ability to walk, it also causes severe pain which comes and goes. I am currently awaiting further tests. The doctor signed me off until Friday 21st March 2014 seeing as I had annual leave booked this week anyway and have had this booked for months. I haven't gone on holiday anywhere, just stayed at home to relax as much as possible and recover as much as I can before returning. Yesterday, my employer rang me to see how I was getting on and if I will be returning after my annual leave. I explained that the pain was still quite bad and the brain and mobility issues remain, and will remain until my condition is treated if it can be at all. I will be seeing my doctor today. My employer then said that if I am signed off after my annual leave, this will leave me "in a sticky situation" as it will go down as 2 periods of absence. I understand completely that this would be counted as 2 periods of absence, which I have no issues with. However, my employer said that if I am signed off again then the doctors letter must be dated from the 21/3/14 so it runs as one absence and my holidays will be cancelled and returned to me. I did not agree to this. The employers reason behind this is that they have a 2 absences and then it's a disciplinary procedure. I called ACAS right away and they said that the employer cannot cancel my annual leave unless I agree to it. They added that they can certainly not call me while I am on my annual leave to tell me that it will be cancelled, as the employer has to give notice of double the time of the leave to cancel it without my authorisation. ACAS have also said that my condition could be classed as a disability and, if they chose to invite me to a disciplinary, it could leave my employer with a few problems if they fail to take anything to do with my illness into account. This is leaving me worried sick. I am not ready to go back to work and I do not want to cancel the leave I have taken, nor do I want to be "invited" to a disciplinary procedure! What else can I do here?
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