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About pukpuk

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  1. Hi Honeybee, Yes I did, the key part was upheld but no reasons were provided and the individual was moved sideways. I noticed a major change towards me when I highlighted what had happened and since the attitude has gotten worse. My symptoms got so bad I got to a point where I was lets just say very very low. I have managed to make good strides now but simply need to be protected from discrimination and have certain disadvantages I face due to my symptoms removed. But like I said I am flexible and have been more than engaged in my approach but just keep getting rejected.
  2. King, there is a health and safety angle to this in that my illness was triggered by an incident at work, in addition no risk assessments have ever been carried out post illness or post incident. I will make sure one is carried out this time and ensure exactly what they are offering as adjustments as just because they say they will do this and do that on the ground its a totally different picture. In addition their behaviour towards me has been awful since my symptoms were triggered. condescending, evasive around queries, all round a kind of its all you your the problem not the business attitude. I have alway tried to remain positive and maintain a relationship where as they have just been negative.
  3. Also SANGIE, I haven't asked for disability sickness absence to be excluded rather that it be taken into consideration into any performance/absence triggers, this is important as they can provide extended trigger points or some form of disability leave if I find it difficult at times. Just an agreement it's up to them if they want to discuss or suggest alternatives I am not using a rigid approach with them rather trying to come to some kind of a fair mutual agreement. I'm considering getting Access to Work involved to carry out an assessment anyone had any experience of this? I heard that its impartial and I'd be happy to use their guidance.
  4. Good point about the household insurance, I'll call them tomorrow fingers crossed! SANGIE, I'm a bit confused, are you saying that RA's for mental health can't be a permanent measure? As long as reasonable I would have thought they could be. In any case I don't know how my disability will affect me in the future, although I have been told that I will make a full recovery and I am on medication. In terms of what I have asked for, there is no negative cost, disruption or efficiency issues caused to the business. So there shouldn't really be any issues.
  5. I have and both sections 15 and 20 seem to be applicable but there may be others. Its pretty clear that the behaviour and their treatment towards me is an attempt to make me quit and its pretty sickening if you have experienced it and everyday is like a battle.
  6. Hi Obiter, Yes they have, but to get them to mention that was a fight. In each call they seem to be reluctant to discuss reasonable adjustments and never discussed my role or any impact on my health or vice versa. Sangie does have some good points but the key here is that very few employers would admit to their neglect but I'm sure that what has happened can't be right and has resulted in my symptoms and thus far the medical advice I have been given backs that stance. I'm not to bothered if they give me the boot and someone impartial like a judge has a look at the facts and then decides and the outcome is in the public domain. Where I find hope is that whenever anyone impartial (Medics, EQC, ACAS, FSO etc) they all side with me. I'm simply trying to get some balance and the above replies do help with that. In terms of Unions I'm sure there are good and bad reps but the examples I've heard in my company are pretty bad. I don't see the benefit if you are able to get a good understanding of the law yourself. Thankfully, I have managed to get on the road to recovery to be able to deal with this otherwise I would still be in an extremely bad place. In terms of the report, I can request it via SAR - which again shows my employer just placing obstacles in the way rather than just allowing OH to give me a copy. Can't see anything wrong with having visibility of something to ensure it is accurate and contains the relevant information before releasing it or declining consent.
  7. Thanks Guys, Good points, I'm not part of a Union. I am seeking legal advice from a friend at the moment and hopefully that will clarify what my options are then I will feed back here and let you guys know how it progresses and hopefully it helps anyone else in my situation.
  8. Yes it does, but I understand only a Tribunal can decide that but ACAS, Macmillan, GP. Psychiatrist OH all have said it does. I'm just trying to be as reasonable as I can. I have no doubt I can do my job as long as the adjustments are provided and like I said I'm flexible but its tough considering what I've experienced and it terms of work like hitting my head against a brick wall. I have contacted access to work and hoping they will be able to carry out a fairer assessment. I just want to get better and be supported at work.
  9. Thanks Ericsbrother, I work as a Operations Manager, I can see myself recovering over a 6 month period. But because of my anxiety which kicks in and is debilitating I need the protection I have asked. I am flexible and more than willing to work with and the businesses needs. My employer does have a department that specifically deals with disability with its own budget so no cost impact on my dept, I wasn't told about them even though I had requested options of support available from HR just got lucky that I found out but as it stands they won't engage. Phased Return: is there, available to anyone - stock response Home Working: as a business we have the tools in place to be able to work remotely once I recover I have no issues with any external customer visits where there is a real business need. In my role and time with the my employer this is the norm and I'd say 90% of the time. Travelling and being in an office is something I want to do but when I am ready as this is another trigger. Requested because of social anxiety which I need time to work on andI have made strides with this in my personal life. Flexible Working: Basically start late finish late (because of symptoms and side effects) employer has said to request through Flexible Working Policy, which is fine if they confirm it as a reasonable adjustment. Change to role - requested a very small portion of my role be completed by someone else - as this is a trigger, again very doable for the business. Performance - simply requested that this takes into consideration my disability and slight change to role. I have no iss with performance being monitored through the normal employer process. Sickness Process - Requested that disability absence be counted as such, triggers be reset and or counted as such, Absence Phase be reset to Phase A - this is key for me because it is a major trigger. And a key reason for my absence was due to and incident and bullying and then my employers failure to carry out a risk assessment and follow advice from OH the last time I returned to work. Providing these adjustments are in place I can see myself managing my symptoms and make a full recovery in the next 8 months more than likely a lot sooner. I have been absent for 12 months but have only been paid for a portion so there is no real cost to my employer for the past 12 months as we have employee Income Protection. They don't need to employ anyone but I understand the business needs around this. To date I have got the impression that they don't want me to return but I have always tried to remain positive and simply want to keep my job and have remained engaged. They have used some extremely dodgy tactics to get me to leave but thankfully I realised. I was in a real bad way which at the time only made my illness worse. I have offered to review the adjustments every 8 or 12 weeks, and as long as I am up and running I have no issue with them being removed. I have also offered to be flexible around what I have requested but to date my offers have fallen on deaf ears. I have thought about returning part time but wasn't sure if that was a reasonable adjustment or if would be appropriate for me but is something that I would consider and as long as there is the opportunity to go full time again at some point. I have been advised by my doc not to return until appropriate adjustments have been sorted. I have tried to discuss adjustments with OH 3 times previously but felt that they were not really interested in my needs and in my last appointment just stating (differently) the stock response that my employer provided. Thanks for your help.
  10. Clear objectives and targets are fine - I never had an issue with the work I do previously and have had very good appraisals previous to my disability the symptoms of which were triggered by incidents at work.
  11. No in short I'm asking for flexible working (change to working hours and from home) sickness absence to be documented as disability related, and disability leave if my condition worsens. based on ACAS's website and what they have advised: changing working hours or patterns of work a phased return after sick leave modifying sickness absence triggers - these are the number of days' absence when managers consider warning, and possible dismissal, unless attendance at work improves modifying performance targets. As long as these are provided I will be able to cope.
  12. I have CBT and it didn't do anything for me, the meds have helped but the anxiety and the related symptoms are the problem and the attitude of my employer just makes that part worse. I am at a point where I just want them to make a decision and want to provide them with a true medical picture and if they decide against providing me with I need then I can decide if I can take it to Tribunal.
  13. Thanks Ericsbrother, A 'stock approach' sounds about right its not that whats being offered as reasonable adjustments aren't useful but I don't feel they remove the obstacles I will face and no real thought has gone into them. What I need is the ability to be able to build my confidence without being under extreme pressure and the related worry of getting the boot. Which is the reason that my employer isn't willing to provide me with what I am requesting. I haven't requested anything that hasn't been provided to other employees before or that isn't available as an option under my employers own processes. I have the medical support in place and know what I need from work and what I have requested I am willing to be flexible in that once I am up and running they can remove the adjustments. My mental state is that what they are suggesting are simply items which they offer to any employee thats been on long term sick regardless of disability and as such don't help me from a mental health perspective because they don't remove the soft obstacles I face.
  14. *fairly or unfairly, sorry - what I am trying to say is that I understand what adjustments my disability needs and I can't see any reason why my employer could not accommodate them including their own processes. I have a very good understanding of what changes can reasonably be made in my role and haven't asked for anything unreasonable, plus my adjustments have been guided by my medical support providers.
  15. I work for a large bank in London, what I am seeking help with is to ensure that I have provided what I need to provide from a medical information perspective to my employer to ensure that they have full visibility of my needs so that they can then decide fairly to decline my request fro adjustments if they wish to. Is it possible for me to get an independent assessment of some kind? Thanks
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