Refusal to pay from matters concerning disability discrimination.

[marley100]

Hi All,

 

My wife and I have the (mis) fortune of working for the Prison service.

 

My wife is disabled and has worked in a low risk, category D prison since 2005. Her employers have been aware of her disability since her contract began.

 

Aside from many other issues that are ongoing at the moment, I have one issue that I would greatfully like answered.

 

My wife underwent surgery (Corrective) which is directly related to her disability and is classed as a serious underlying medical condition on the 4th Feb 2012. She was subsequently declared fit to return to normal duties (With some very reasonable adjustments that they still have not put in place) by 3 medical specialists on the 29th March 2012. One of these specialists was the OH doctor that the prison wanted her to see.

 

Since that date the Governor has refused to allow her back to work despite being declared fit. The only reason he has given for this is that he wants to ensure her safety by considering the reasonable adjustments. At this moment I must point out that the reasonable adjustments were suggested by OH on two seperate previous OH reports requested by the prison following periods of sick for previous surgery relating to her disability.

 

After all this time he has now set up a "capability hearing" which reading between the lines tells me that he is going to terminate her employment (for reasons that we are unsure of)

 

To date he has refused to pay her since she was signed fit on the 29th and he took the dicision to order her not to attend work. Can someone please confirm that this is indeed wrong and the "Meikle Payment" applies to this case.

 

Thank you for taking the time to read this and your anticipated assistance.

[citizenB]

I would have thought that her employer was obliged to pay her if, having been declared fit for work, the employer is preventing her from doing so.

 

I will flag your thread for attention of people with more experience in this.

[marley100]

Thank you so much. Any help would be great as we cant afford a solicitor due to her being on nil pay.

 

Kind regards

[Emmzzi]

You believe the adjustmentsare reasonable. are they

a) low cost

b) don't impact on work being done within current timescales

c) don't impact anyone else and

d) don't increase risk?

 

And also, what are the sck pay provisions that are in place within her contract?

 

"Not able to come back without adjustments" means "can't come back until we have made them" in employer speak.

 

3 periods of sickness may be a lot depending on when they were. Has this operation cured the condition? Is full attendance now possible?

[Emmzzi]

Do you have legal cover on your home insurance? May people do but don't know they do!

[citizenB]

Do you have a Union ?

[marley100]

Hi Emmzzi,

 

Thank you for your response.

 

Her adjustments are extremely low cost with no impact on work completion within the required timescales, or other staff and risk.

 

Her periods of sick date back to Easter 09 and all relate to her disability. All surgery has been corrective and there is no further sickness anticipated with a full return to work now possible. I believe that they do not want her back as they realise that they have failed in their duty of care to a disabled member of staff and are doing their best to get rid of her before we take them to a tribunal.

 

Thank you.

[marley100]

Hi Citizen8,

 

Yes she is in the PCS but they havent been a great help and I get the feeling that they will only get involved once she has been sacked.

[Emmzzi]

Well that is a bit daft as you can take them to ET before or after dismissal, so I doubt it is that.

 

I would

a) request an informal meeting with the maneger to see the whites of his eyes. Sometimes when you are off work things can get out of proprotion in your head - it is good to check and

b) if it looks dodgy get a grievance in.

 

I think she is entitled to be paid unless there is something odd about her contract.

[marley100]

Thank you Emmzzi,

 

We have exhausted the Grievance procedure to no avail. They have investigated all her grievances with internal managers.......(need i say more) we are now in the appeals process but I am not holding my breath.

[Emmzzi]

That is very unusual especially if there is a potential discrimination case. I'd expect them to have decent HR to advise them of their obligations in that kind of an organisation... would be easier to advise if I knew the adjustment and the reason they gave for rejecting the grievance. I understand you may not wish to disclose, in which case, do check out that insurance policy and try and talk to a solicitor. Another option is discussing with a no win no fee guy - if your chances are good they may take you on.

[stu007]

Hi

 

I would also have a chat with the Equality and Human Rights Commission on this heres the link:

 

http://www.equalityhumanrights.com/

[caro]

You could try ACAS too. http://www.acas.org.uk/index.aspx?articleid=2042

[moll 61]

I had the misfortune of 20 years HMP, I think I read on here somewhere about Meidcal suspension, where you are declared fit for work but yur employer wont allow you back, so they should be paying her.... Good Luck bud, I know how hard it is to reason with them

[papasmurf1cx]

Hi Citizen8,

 

Yes she is in the PCS but they havent been a great help and I get the feeling that they will only get involved once she has been sacked.

 

Sounds like they are discriminating against her too. http://www.legislation.gov.uk/ukpga/2010/15/section/57 She should be complaining up the chain of the union command and put THEM on notice that you believe she is being discriminated against and their lack of action amounts to collusion. They are probably waiting for you to start proceedings and say they can't get involved because you have started proceedings. Normal union cop out.

 

You need to see if you have legal cover... normally on home contents insurance.