Why do employers class all disabilities as sickness

[Jonnan]

Hi

Why do employers class all type of absences as ‘sickness’ regardless of whether it is accident and unable to walk , my OH employer’s classes this the same as having a cold or flu?

 

My OH went back to work early because his employer keep ringing him at home after he had accident, he was forced to go and see them twice while on medical certificates while on crutches. My OH employers did not believe him when he told them that he had an accident and they disbelieved his GP as well because it clearly written on his medical note the kind of injury that he had sustained.

 

My OH employer referred him to their OHA and it was recommended that he minor adjustment should be for him for 2 to 3 months after he returned to work, which was totally ignored by his employers.

My OH went to see his employer a week before his medical certificate expired because he wanted to get his hrs reduced for caring purposes. He was told at that meeting that they would only reduce his hrs if he went back to work immediately and because it desperately needed to have his working hrs changed for caring purposes he went back to work without going back to the GP first, which was too soon for him to return to work with such a bad injury. My OH was under the illusion that his employer would be supportive and make minor adjustment for his injury but was sadly wrong.

 

After being at work for about a month and no minor adjustment made for his injury it got worse and he sustained a further injury while at work. The first aid person was in attendance but he had to make his own way home on public transport on crutches. He felt that during the journey home he thought that he would not make it, luckily he did get home but was not very shaken up when he got indoors. On reflection his employer should have called an ambulance as he was in so much pain but that was not done also the manger at his work only gave him minutes to make up his mind as to what he wanted to do stay at work or go home. As he was unable to go back to work he said that he wanted to go home but his employer was too mean to pay for a taxi for him to get home, despite making billions in profits last year.

 

He advised their OHA of an underlying condition that would affect his injury but as she did not mentioned it on her report. It was noted from the same OHA report, which he had to fight toot and nail to get from his employer, he was put down as a casual employee.

 

As a result of the further injury that he sustained at work he was off for a further 3 months, which was due to his employer, totally ignored their own OHA recommendations.

 

Recently, my OH sustaining a further injury at home and made decision not to back to work and stayed at home for 5 days until he was able to walk reasonably well again, he was still using crutches and under the hospital for physio. Despite sending his employer a medical certificate for the 5 days he took off he was told that if he had any more time off it would trigger a disciplinary and a disciplinary letter would be sent to him to that effect. (I think it is 7 days off class as ‘sickness’ that triggers a disciplinary). He took exception to this and wrote to his union stating that he found his employer totally unreasonable as they still had not made any minor adjustments for his disability. A couple of week later his employer complied with the OHA’s recommendations 8 months after they had been initially advised to so by their OHA.

 

In addition to the above he was denied holidays despite giving 2 months notice for 4 days he had to provide evidence as to why he needed to take 4 days leave this happened on 2 occasions. Also he was told to leave the company when he asked for unpaid caring leave his employers advertise with a whole host of options for staff on the internet as well as in their staff handbook...His employer does not care about their employees but only the ‘look’ of their premises when their clients walk into it and people with disabilities will take away for the ‘wow’ factor. A manager told him a couple of days ago that they were told by their seniors that people sitting would spoil the ambiances of their premises??

 

Yesterday, he asked for sight of the request that they were sending to the OHA due the 5 days that he took off recently due to disability, he noted on that they were very economical with the truths and brought it to their attention. His employer did not advise the OHA that they did not comply with her instruction on his returned to work initially and he asked the manger to change this and told that they would look into it. Also they got his return date when he initially returned to work wrong as well on their referral form and he pointed this out to them as well.

 

There are many more instances that he had to endure since starting to work for this organization but the above is the most recent and he really wants to forget the others.

 

Jonna

[Cellbar]

Basically becuase there is no legal requirement for them to record them as anything else - some companies/reg bods refer to 'disability leave' - but even this does not mean paid leave due to a disability. There is no case proven to say that paid leave be given for disability over and above the paid sick leave entitlements. Employers can choose to record the absences in a different way on their own systems to differentiate between 'sick leave' and 'abscence related to disability' but that is all and this is not a legal requirement.

[JonCris]

Jonna I really don't know what to say. Whilst Cellbar is correct after reading the circumstances the employer has very foolishly left himself wide open to litigation particularly as they went on to injure your BH a second time because they didn't make any allowances for the 1st work related injury

 

What does your BH want to do. If what you say is correct it's pretty obvious this firm are a bunch of sh*t's. So there are claims for negligence causing injury, constructive dismissal & disability discrimination takes your pick.

 

Either way your BH can't just suffer in silence. Your BH has a duty to try & mitigate their loss/injury by either insisting the firm do something (with a threat of legal action if needed) or resigning then suing the butt of them

[prushton]

How the hell do these people get away wth this kind of thing ? They have no right to demand the return of your other half to work while still off sick with a doctors note. Not only that, as a result ot his employers not making " reasonable adjustments" to his hours of work, he sustained further injuries.

 

Get your other half to contact his union rep and take these people on, get your other halfs rep to get in touch with the union solicitors ( As a union member he would be entitled to a free half hour interview with the unions solicitors) and let them deal with this.

[prushton]

You also have the right ( under certain circumstances) to request flexible working under flexible working and the duty to consider. below are the key points of this. The link is below .

 

 

Flexible working: the right to request and the duty to consider - BERR

 

 

 

Employees’ rights

 

• To apply to work flexibly.

• To have their application considered properly in accordance with the set procedure and refused only where there is a clear business ground for doing so.

• To have a companion when meeting the employer to discuss the application.

• Where an application is refused, to have a written explanation.

• To appeal against an employer’s decision to refuse an application.

• To take a complaint to a tribunal in certain circumstances.

• To be protected from detriment or dismissal for making an application under the right.

Employees’ responsibilities

 

• To provide a carefully thought-out application.

• To ensure their application is valid by checking that all the eligibility criteria are met and that they have provided all the necessary information.

• To ensure the application is made well in advance of when they want it to take effect.

• To arrive at meetings on time and to be prepared to discuss their application in an open and constructive manner.

• If necessary, be prepared to be flexible themselves in order to reach an agreement with the employer.

Employers’ rights

 

• To reject an application when the desired working pattern cannot be accommodated within the needs of the business.

• To seek the employee’s agreement to extend timescales where it is appropriate.

• To consider an application withdrawn in certain circumstances.

Employers’ responsibilities

 

• To consider requests properly in accordance with the set procedure.

• To ensure they adhere to the time limits contained within the procedure.

• To provide the employee with appropriate support and information during the course of the application.

• To decline a request only where there is a recognised business ground and to explain to the employee in writing why it applies.

• To ensure that any variation of the procedure is agreed in advance with the employee and recorded in writing.

• To ensure that they do not subject an employee to detriment or dismissal for making an application under the right.

Edited June 9, 2008 by prushton
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[Jonnan]

My other half union is aware of everything that has taken place becasue he has kept them informed and as they have not comment on any of it therefore my OH thinks what has and is happening if OK quite normal practice for his organization.

 

Jonna

[Jonnan]

My OH manager call him in to a meeting yesterday and he was told that if he has anymore time off as a result of his injury then they will call a capability meeting. This meeting will be with manager and could result in his dismissal if he has any more time off with his injury.

 

Also, on a second referral to the OHA the injury is now recognized as an underlying ill health problems.

 

My OH was very annoyed becasue his injury got worse as a result of his employer not making minor adjustment when he was forced back to go back to work last year and it is only a couple of weeks ago that his employer has made minor adjustments for him as a result of his disability. His union does not answer any of his questions that he has but to them regarding not getting a reply to his appeal and not to be told that he may be dismissed if he injury get worse. Does anyone know if this is correct.

 

Jonnan

 

 

[JonCris]

They would be guilty of so many breaches of employment & common law it's difficult to know where to start.

 

I realize it's been futile up to now but as sometimes local union reps go native your OH needs to contact the Union, go to the top if necessary, & report what's going on