How Do I stand with the DDA??? Please help!!!

[t11cky]

Hello Everyone,

 

 

I would be extremly grateful for any advice and knowledge anyone can share with me on the situation I am in!!

 

 

Right, several years ago I started suffering from Epilepsy and after about 6 years of seizures I had an operation which seemed to put a stop to seizures in my life. I gained my driving licence back January 2009 and life was back to normal, During April 2009 I started working as a Sales Rep for a large national company. My job involves driving a van around everyday, going into calls, Selling the company pruducts and then ensuring our products our displayed.

 

 

The company were totally aware of my history with Epilepsy from the day that I applied for the position. Then on the 18th March 2010 while I was at work I suffered a Grand Mal seizure totally out of the blue. This means I am now unable to drive until I have gone a year seizure free (So only 50 weeks to go, lol)

 

 

I went into work the day after my seizure with my partner and we had a discussion with my boss and I accepted that I knew I wouldnt be able to do my current position as I knew I was unable to drive!!

 

 

I received a phone call asking me to come back into work the following Tuesday (March 23rd) as they would arrange a temporary driver to drive me around whilst at work.

 

 

I informed my boss that I was very grateful for this but also made it very clear that I would be very grateful if an office position could be found for me, nothing was really mentioned about this.

 

 

Today I was told that they would be very grateful if I would hand in a written resignation from my position. I said that I wasn't prepared to do this as I think the 'Disability Discrimination Act' was set out to help people in my position, but I am not 100% sure also I feel that if I resign it would not help my application for benefits that I may need.

 

 

Sorry for waffling on, I really need your help and advice, The key things I think may let my case down are that I have only been employed for just shy of 12 months as well as the fact that I know I am unable to do the job that I was employed to carry out!!!

 

 

Please help me!!!

[elpulpo]

Very sorry to hear you've had a relapse of your condition. Must be very upsetting for you.

The fact that you might not have been employed for 12 months shouldn't be of any significance if you're covered by the DDA. I'd have certainly thought you'd be covered.

How did they put their request that you tender your resignation? Writing, email?

I think this might be a situation where it might be good to 'do' nothing for a bit and just gather evidence.

[pompeyfaith]

Disability Discrimination Act 1995 (c. 50)

 

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

[t11cky]

Thankyou for your reply, I was out today being driven around by my boss and then he dropped it into conversation that his boss had asked him to ask me to ensure that my written resignation was received promptly.

I had to bite my tongue and say sorry but I had no intention of resigning!!!

[elpulpo]

Might be worth trying to prompt some sort of substantiable version of that. Do you email them on any basis?

[zooch]

Do not resign. Contact "Access to Work" at any Jobcenter Plus. This is a government scheme providing reasonable adjustments in the workplace for people with disabilities. They will provide reasonable adjustments such as support workers. I have a support worker to drive me around. You are protected by the DDA.

[zooch]

Also he is asking you to resign rather than sack you. He knows the law is on your side. Please sit this out. In the end you have nothing to lose he does unless you resign.

[BelayingTheLeader]

Hi, I am also covered by the DDA.

 

Were you the aggressive sort you could send an e-mail or letter (recorded) asking them to put their request that you should resign in writing. That you have been advise to do this so that you can fully considered if their request comply with the DDA.

 

Also were you to resign you can not just sign on and could loss a shed load of benefits.

 

Take care, it sounds like life is about to get very stressful just take care of your health.

 

I would also suggest phoning an epilepsy disability helpline they can offer help and advise for free.

[mariefab]

You are definitely protected under the Act.

Although the link below has info. for employers; there's a helpline number that you could use if you'd like further reassurance.

 

Disability Discrimination Act | Epilepsy Action