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Has the company discussed anywhere in what you have received so far what it did to make adjustments to ensure your husband could work? The workstation would come under the Work Equipmant regs or Display screen Equipment regs of 1992 and necessary adjustments to the workplace under th equalities Act. Now, you say about the assessment so they were aware of your husband's problems. You need to talk to someone who specialises in Disability discrimination to help you pull this together. the Equalities Commissioner's office has a helpline so give them a call and they can put you in touch with someone local wjo may be able to help you on this that will allow you to get all the correct points across in the correct manner. it would be wise to do this sooner than later as you look like you have a strong case for disability discrimination and you dont mention your reason for your claim.

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I think we are just so overwhelmed and scared we don't know what we are doing.

 

When he returned back to work his TL who was the 1st aider adjusted his desk to make things a bit more comftable but my husband was told anything else would be up to him in regards getting certain equipment to make doing a 12 hour shift easier. That was in June 2012. The following month they moved buildings but no further help was offered. His request to reduce his hours was ignored even though there should have been no problem as there was various shift patterns with hours ranging from 16-48 hours per week, mornings, afternoon and evenings.

 

My husband then had to contact Access to Work who came out and assessed his work station and then sent a report to the company of what was needed. Nothing was ever ordered.

 

I understand why they dismissed him due to high absence but they made no effort at all to support him and yes he had been off 15 months but then to expect him to be able to go back to normal in 1 month was impossible.

 

All we have at the moment are the Occ Health report and the access to work recommendations.

 

We have to email the solicitors for a copy of the company policy and procedures and a copy of a medical they sent him for. Also after the company got the report saying that they believed him to be covered by the equality Act and reducing his hours to help the Team Leader then wrote back to the examiner stating that my husband blacked out at work which he never did so again the examiner wrote back stating my husband should be classed as a danger to other employees if he should ever black out at work. It seems as though the company were just wanting a bad medical report as it was only when they received the 2nd report they sacked him.

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Hi

 

Something else to consider asking for especially in relation to the Medical Reports is for the Full Medical Qualification of the person that has signed these report. (you need to know their qualification was it a nurse, occupational nurse, doctor, consultant etc)

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi,

 

I am a trained first aider but (at my ex-employer's company) I couldn't have taken responsibility for making all the necessary adjustments for someone in your husband's condition when he was back in work - my first aid training (which was to be on hand to respond to falls, faints, cuts etc) doesn't qualify me to deal with such important ergonomic adjustments - I would have to referred that responsibility to my (old) company's occupational health section/provider.

 

Also, you can deal directly with the employer if you want to be supplied with documents/policies etc; It might be more effective than going through their solicitors perhaps? (There are various suggestions in the book I mentioned earlier).

 

Regards

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Hi

 

So do you think it would be OK to ask what qualifications the Team Leader had in order for him to carry out the assessment and adjustments to the workstation.

 

We aren't going to ask for the sacked TL help as I feel he wanted rid of my husband aswell or why else would he have written false information to the medical examiner?

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You dont need qualifications as such, it is an assessment by the employer to determine what they need to do to make you able to continue your work and is usually done with your co-operation depending upon the nature of the work and the nature of the disability. For example, someone who lost a leg wouldnt be able to climb ladders so would it be possible for the employer to amke adjustments to the workplace so that ladders weren't necessary at all? If not could the job be done using a mobile platform? If neither of those were possible then could the person be redeployed to a different position within the organisation.

The Equalitied Commissioner's Office publish advice on this along with others. It doesnt take much for an employer to find out what they are obliged to do.

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