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Allwood

Need some advice for my friend with disability

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A friend of mine a sibling died suddenly of a heart attack and unfortunately my friend too ill and was able to attend the funeral, which was over 700 miles away from where she lives. On retuning to work for her next shift a week later she asked the manager if she could take the following morning off to attend church service for her sibling. The horrible managers first say ‘no. as they were too busy. After begging my friend was begrudgingly allow the morning leave off to attend the service. The next day at work after attending the service she was asked by the same manager ‘did you enjoy your morning holiday’!!:confused:

 

My friend could not go back to work for her following shifts as she was too ill with an infection, as well as an ongoing disability. She went to see her GP and got a certificate for the infections and when that finished she went back to the GP who advice on a medical certificate that her hrs should be reduced and also on the certificate it said that her employer should make reasonable adjustments for her at work my friend as the arrangements was now making my friend conditions worse. However when the certificate was given to the employer they told my friend that she could not have the reduced hrs immediately because they want to hold two meetings first one would be the line manager regarding her time off has been trigger (despite my friend being protected under the DDA). My friend’s employer said that they also want to hold another meeting regarding her capabilities. Her employer also she has been told that the few hrs that has been reduced by her GP would not be paid. She could take it unpaid or holiday. :eek:

 

My friend also feels that said is being discriminated at work compared to her able body colleagues. All my friend want is the same working conditions as her able colleagues in her large company. 8-)

 

My friend asked her employer if she could take 3 days holidays in August to visit her sibling grave as she was not able to attend the funeral but of course that was refused and she was able to provisionally book some time in September but this would depend on when the person responsible for leave bookings was back at work (do not know when tht would be) and then it would be discussed further.:confused::mad:

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Your friend was off sick with an infection, you said? That sickness would not be covered by the DDA, I suspect, unless the infection is caused by her disability. It sounds like the company want to have some meetings with your friend to discuss the whole issue of sickness/work performance/reduced hours, all together. I can see why they would want to do it all in one go, as your friend has now stated that she cannot work the hours she was contracted to do, it sounds like the employer has a major reorganisation to sort out. That can take time, as the employer has a duty to do their best to fit round your friend, they have to show that they tried even if they cannot keep your friend in the job.

 

 

I am not sure what you are saying about the unpaid hours. If your friend is asking to work fewer hours, then she will only get paid for those hours. Some employers may pay for the extra hours if the reduction in hours is part of a phased "return to work", but they don't have to.

 

I am confused by the idea that a large company would only have one person who could book leave, that does not sound right?

 

 

How is your friend being discriminated against, what has happened that makes her feel she is being picked on because of her disability?

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Your friend was off sick with an infection, you said? That sickness would not be covered by the DDA, I suspect, unless the infection is caused by her disability.

 

My friend is aware that this would not be covered by the DDA but she has had xray and nothing was found she was put on antibiotic, which was OK, but due to the unsuitable way her organization is dealing with her disability it is very likely that the infection was caused by her disability. 2 OH's have advised the company on how my friend disability should be managed at work but his has never happened. In fact they have made her condition worse by tghe employers non compliance.

 

It sounds like the company want to have some meetings with your friend to discuss the whole issue of sickness/work performance/reduced hours, all together. I can see why they would want to do it all in one go, as your friend has now stated that she cannot work the hours she was contracted to do, it sounds like the employer has a major reorganisation to sort out. That can take time, as the employer has a duty to do their best to fit round your friend, they have to show that they tried even if they cannot keep your friend in the job.

 

There is suppose to be 2 meetings to be held one is suppose to help her but she has told them in writing and in Dr certificate and OH's reports what needs to be done but this has never happened. At RTW meetings it was discussed what needs as so many times before but just as soon as my friend in back in the working environment things stay the same ie nothing changes. My friend was asked to make one of the meetings in her own time as it would be more convenient for the one of the managers

 

 

I am not sure what you are saying about the unpaid hours. If your friend is asking to work fewer hours, then she will only get paid for those hours. Some employers may pay for the extra hours if the reduction in hours is part of a phased "return to work", but they don't have to.

 

It was specified on hte certificate that it is a phase return to work also on the same certificate it said work adaptations. After the last meeting nothing was done about the adaptations and she had to fight to get them to acknowledge the certificate for the she gave them themthe certificate to reduce her hrs they wanted to wait until the meetings had taken place and it was put down as unpaid leave for the reduced hrs.

 

I am confused by the idea that a large company would only have one person who could book leave, that does not sound right?

 

The person that is responsible for the holidays for the holidays for my friends department is never available when my friend is at work she is either doing a different shift or on holidays herself or off sick.

 

How is your friend being discriminated against, what has happened that makes her feel she is being picked on because of her disability?

 

Yes she feels that she is being victimized by other colleageus and discriminated by managerment because of her disability.

 

She was extremely upset by the manager attitude toward her bereavement and how mean were toward her having a couple of hrs for the service afterward to attend a service for her close relative.

 

This organization was aware that my friend was not able to attend the funeral and she now want to travel over 700 miles to it. She asked for 3 days holidays leave giving a 4 weeks notice for it but this was refused as well.:confused::x

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I am confused - is your friend asking for reduced hours as a phased return to normal hours, or as a permanent thing as she cannot manage the full hours? What has been agreed by OH that the company is not providing? How does the capability meeting fit into this?

 

What have your friends colleagues done/said to victimise her? In what way have management discriminated against her, what have they done/not done/said?

 

If your friend is being asked to attend meetings outside of her normal working hours I would say that she should be getting paid for the extra time, or at least getting time off in lieu.

 

 

The whole issue of holidays seems to be a separate issue, have I understood that correctly?

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I am confused - is your friend asking for reduced hours as a phased return to normal hours, Yes on GP sick note

 

What has been agreed by OH that the company is not providing? How does the capability meeting fit into this?

 

Managment not carrying out two OH recommendations.

What have your friends colleagues done/said to victimise her? In what way have management discriminated against her, what have they done/not done/said?

 

Mangement not carrying out recommendation as indicated on OH reports and long term colleagues getting to do work that OH said that my freind should be doing and would benefit my friend conditons as it is at present what is being done is damaging her condition further. Also one of the meeting is about a trigger regarding her absence due to her disabiliy. My friend had to used holiday for treatment at hospital last year and now she is being told that the reduced hrs can either be holiday or unpaid leave?

 

If your friend is being asked to attend meetings outside of her normal working hours I would say that she should be getting paid for the extra time, or at least getting time off in lieu.

 

Friend is expected to attend and not get paid for it or time off in lieu.

The whole issue of holidays seems to be a separate issue, have I understood that correctly? Yes

 

Surely a firm would allow a couple of days off to attend a siblings funeral is this correct?

Edited by Allwood

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Hello, I have to say I'm confused too. If the funeral was 700 miles away, was your friend just asking for a morning off? And how much notice did they give?

 

If I understand this right, they were on a phased return to work, or did they become ill after the funeral please?

 

HB


Illegitimi non carborundum

 

 

 

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I am obviously not making myself clear...:( my friend could not attend the funeral as she was ill and could not travel the millage due to a chest infection. There was a service locally a week later for my friends close member of family to attend. When my friend returned to work and informed the manager that her close relative had died suddenly and also told them that she could not attend the funeral due to he chest infection that she had been off work with. she then also requested 4 hrs leave to attend the services she was initiallyrefused and then it was agreed to let her have the 4hrs off. On her retuned to work the next day after the service my firend was asked cruelly by teh manager if she enjoyed her 4 hrs holiday.

 

The disability was diagnosed 4 years ago and not making the adaptation for her at work as recommended by the OH and GP has exacerbated my friend’s condition.

Edited by Allwood

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'A friend of mine a sibling died suddenly of a heart attack and unfortunately my friend too ill and was able to attend the funeral'

 

I think I was confused by this, wasn't sure if she did or didn't get there. :)

 

I don't know what the others think about whether the manager was too harsh, not really my area. Did she ring them about it? Otherwise, it was quite short notice.

 

It looks as if there may be more issues about the disability being handled wrongly.

 

HB


Illegitimi non carborundum

 

 

 

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Should have correct that first sentences HB, I have check and it is up to the employer to grant bereavement leave at their discretion. I have advised my friend to write to her employer and asked them to confirm that they have not granted bereavement leave to other employees in her organization.

 

Also she will be bringing up the issues about the adaptations as well.

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I think your best bet would be for you to go through your friends terms and conditions of employment with her, as it sounds to me like she is following a lot of issues at once and risks her justified complaints being lost.

 

There is no right to paid time off for medical appointments or hospital, as far as I know, unless her contract says otherwise.

 

There is no right to time off for a funeral either, and given that your friend was allowed the morning off to attend a memorial service it is probably not worth chasing the issue.

 

There is no right for her to be paid for hours she is not working, again, unless her contract says otherwise, or OH have organised something else. Some employers do pay in that situation, but they don't have to.

 

Does your friend have a copy of what OH have actually reported to the employer? If so, then I would guess that she has an excellent defence against the capability charges, if she can show that the changes suggested by OH would have prevented the current situation. She really needs to collect all the documentation that she can on the subject, all the reports and letters, and make sure that she has minutes of the meetings where the adaptations were discussed.

 

Are the adaptations something easy to do, or would they impact on other people?

 

I am still confused by what your friends colleagues are actually doing that discriminates against her, please could you explain?

Edited by my-spirit-soars-free

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Thanks for your reply, but correct me if I am wrong but I was under the impression that when an employee was covered under the DDA this would include medical appointments.

 

My friend has the OH reports and in which they confirmed what was required in relation to my friend wellbeing at work and none of it has been carried out by her employer.

 

No adaptations necessary only needs just the same treatment as other employees gets from her employer.

 

 

My friend is in the middle of writing a letter before the meetings asking the managers to confirm why they have ignored the OH reports regarding her disability requirements.

 

Also, I was under the impression that when a person has a disability then there was no trigger towards their absence in relation to time of sick, is this incorrect.

 

Also my friend is going to asked her employer to confirm that no other employees have been given bereavement leave and also a retuned work phase regarding reduce hrs regarding disability leave or is this too much to asked them just now.

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The DDA does include medical appointments, but there is no right to be paid for them, as far as I know. Many employers request that medical appointments are made to fit around work, and that is not against the DDA.

 

If someone has a disability then it can be reasonable to not include disability related sick leave in any sick leave that is counted towards the "trigger" number for any disciplinary action, as otherwise a disabled person is at a disadvantage. That does not mean it is always unreasonable to start capability proceedings when a disabled person is off sick from a job, even if their sickness is disability related.

 

You say on the one hand that OH have asked for adaptations to be made, and that they were not, now you are saying there are none necessary. I am confused, what adaptations do you mean OH have suggested? What do you mean when you say that your friend just needs the same treatment as other employees get, how has she been treated differently? How have her colleagues discriminated against her?

 

Without specific information it is hard to advise you about what your friend could do.

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The DDA does include medical appointments, but there is no right to be paid for them, as far as I know. Many employers request that medical appointments are made to fit around work, and that is not against the DDA.

 

If someone has a disability then it can be reasonable to not include disability related sick leave in any sick leave that is counted towards the "trigger" number for any disciplinary action, as otherwise a disabled person is at a disadvantage. That does not mean it is always unreasonable to start capability proceedings when a disabled person is off sick from a job, even if their sickness is disability related.

 

You say on the one hand that OH have asked for adaptations to be made, and that they were not, now you are saying there are none necessary. I am confused, what adaptations do you mean OH have suggested? What do you mean when you say that your friend just needs the same treatment as other employees get, how has she been treated differently? How have her colleagues discriminated against her?

 

Without specific information it is hard to advise you about what your friend could do.

 

my friend needs are minor adjustments and the adjustment soemtimes is used by other members of staff and the managers do not like this.

 

My friend also need to keep mobile and this involved doing the same duties as other members of staff. However the manager wants her to stand or sit sometimes for most of her shift of 8hrs is in the same place and a high stool was provided for her has not got a back to it and is making my friends conditions worse. Some times other colleague hide this high stool as they have been told not use it and this is stressful for my friend as she got to go looking for it. :-x

Edited by Allwood

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