Work issue now getting serious

[dori2o]

Hi,

 

I have to be careful as I believe that I am being monitored on external websites by my employer.

 

I am disabled. I take various medications including high strength opioids, some of which are transdermal ( a patch or plaster which lasts for 3 days at a time) and also some which I take throughout the day. I have seen the Occupational Health several times through work and each time they have agreed that my condition is likely to be covered under the Disability Discrimination Act/Equality Act.

 

The most recent assessment was in August 2014, and each assessment states that whilst I am never likely to be free from sickness absence given the nature of the condition, I am fit to remain in work whist I maintain my routine with medications etc.

 

The Fentanyl patches are relatively new and have been in use since June this year, the rest of my medications have been in use for the past 5 years or so.

 

I work for a Government department in a Customer Service Centre.

 

I have had my current manager for the past 2 years.

 

Yesterday my manager called me to a meeting. She is unhappy that I am in work 'under the influence' of these 'drugs'.

 

The side effects do leave me drowsy at times and she has seen me struggling to remain awake at times, though this is certainly not every day nor every week.

 

She has said she wants to have another Occ Health assessment as she feels it's possible that I am unfit for work, however, she also wants to start disciplinary proceedings for attendance issues. I have had 16 days absence in the past 12 months, with 13 of these days related to my disability. 5 of these days have been discounted as I have a 'reasonable adjustment' to discount 5 sickness days a year where these are related to my disability.

 

 

I beleivethat she is looking to either a) terminate my employment on the grounds of capability, or b) prevent me from taking medications in works time.

 

I can deal with a) as I can prove that I am capable fo doing my work to a good standard and within the KPI's set given that I have all my monthly coaching reviews which prove that I am exceeding the standards for all KPI's.

 

It is B that worries me. The taking of medications takes no more than a couple of minutes. I have a reasonable adjustment in place to have additional breaks for this and to get up and stretch/walk around as necessary.

 

Without the meds I would not be able to function due to severe and unremitting pain.

 

She also made reference to my driving.

 

I do no driving at all for work I merely drive to and from work.

 

I am aware of the new laws around driving and I take those into account every time I get in my car.

 

Previously my employer has had the stance that how I get to and from work is none of their business, and they will not give allowances under reasonable adjustments for this. They have previously refused my applications for homeworking.

 

I used to have Access to Work funding buyt the Taxi company withdrew their service after several delays getting payment from the DWP, despite the fact that I always paid my share on time.

 

I have contacted several other taxi companies who are willing to offer an account but unwilling to accept Access to Work contracts due to their previo9us experiences egtting paid. I cannot afford to pay £60 per day upfront even though I would be able to claim the majority back at a later stage.

 

Any help appreciated.

[unclebulgaria67]

Hi,

 

I have to be careful as I believe that I am being monitored on external websites by my employer.

 

I am disabled. I take various medications including high strength opioids, some of which are transdermal ( a patch or plaster which lasts for 3 days at a time) and also some which I take throughout the day. I have seen the Occupational Health several times through work and each time they have agreed that my condition is likely to be covered under the Disability Discrimination Act/Equality Act.

 

The most recent assessment was in August 2014, and each assessment states that whilst I am never likely to be free from sickness absence given the nature of the condition, I am fit to remain in work whist I maintain my routine with medications etc.

 

The Fentanyl patches are relatively new and have been in use since June this year, the rest of my medications have been in use for the past 5 years or so.

 

I work for a Government department in a Customer Service Centre.

 

I have had my current manager for the past 2 years.

 

Yesterday my manager called me to a meeting. She is unhappy that I am in work 'under the influence' of these 'drugs'.

 

The side effects do leave me drowsy at times and she has seen me struggling to remain awake at times, though this is certainly not every day nor every week.

 

She has said she wants to have another Occ Health assessment as she feels it's possible that I am unfit for work, however, she also wants to start disciplinary proceedings for attendance issues. I have had 16 days absence in the past 12 months, with 13 of these days related to my disability. 5 of these days have been discounted as I have a 'reasonable adjustment' to discount 5 sickness days a year where these are related to my disability.

 

 

I beleivethat she is looking to either a) terminate my employment on the grounds of capability, or b) prevent me from taking medications in works time.

 

I can deal with a) as I can prove that I am capable fo doing my work to a good standard and within the KPI's set given that I have all my monthly coaching reviews which prove that I am exceeding the standards for all KPI's.

 

It is B that worries me. The taking of medications takes no more than a couple of minutes. I have a reasonable adjustment in place to have additional breaks for this and to get up and stretch/walk around as necessary.

 

Without the meds I would not be able to function due to severe and unremitting pain.

 

She also made reference to my driving.

 

I do no driving at all for work I merely drive to and from work.

 

I am aware of the new laws around driving and I take those into account every time I get in my car.

 

Previously my employer has had the stance that how I get to and from work is none of their business, and they will not give allowances under reasonable adjustments for this. They have previously refused my applications for homeworking.

 

I used to have Access to Work funding buyt the Taxi company withdrew their service after several delays getting payment from the DWP, despite the fact that I always paid my share on time.

 

I have contacted several other taxi companies who are willing to offer an account but unwilling to accept Access to Work contracts due to their previo9us experiences egtting paid. I cannot afford to pay £60 per day upfront even though I would be able to claim the majority back at a later stage.

 

Any help appreciated.

 

If you are not in a Union, i would suggest that you join and take up any help they offer. Depending on how good your local rep us, you might get a lot of help.

 

You need to see your Doctor to talk about the safety issues of the medication i.e the drowsiness and driving. You might have to change amount of dosage or change medication. The Doctors visit may also come in handy when you talk to your employers, as you can say that you have talked to your Doctor and whether any actions have happened as a result. Also if any occupational health reports are done, a note on your Doctors medical records might be useful, as it shows you are taking advice.

 

In any disciplinary type hearings, you are best to take a witness you trust to take notes and so the manager cannot get away with off the record remarks which never feature in any official notes of the meeting. Your Manager may be trying to help you, rather than it being an attempt to affect your employment or stop you taking medication in work time. If you are suffering during the day at work, your manager has a duty of care and this may be why they have spoken to you.

 

I have managed some people in a similar situation and it is very difficult. Try to relax and not think the worst, but be careful in making sure the manager follows the employment rules, which will be set out in your employers staff handbook. Your employer will have HR guidance information in dealing with staff that have disabilities. If you have any problems, speak to HR directly about your concerns.

[Emmzzi]

Hi,

 

 

honestly I think even with your adjustment you are having a huge number of days off sick.

 

 

I would be more concerned about that. Taking your meds or not is an occ health referral which you know how to handle by now.