Breach of contract and disability discrimination

[purplemushroomfairy]

Hi, I started a new teaching post in September 2016.

 

Before I started I was open and honest about my ADDISONS DISEASE and thyroid - hashimotos . Both are autoimmune endocrine chronic illnesses that can flare up. The Addisons is effected significantly by emotional stress and exhaustion.

 

I hadn't to that point had to take time off work with either other than to visit consultants .

However , in November 2016 I was taken by ambulance to hospital from school having my first crisis. This led to two weeks 'sick leave' during which I requested some adjustments to support me at work .

It should be noted that I have taught for over 20 years and never in a school as hard as this one.

 

When I came back, my TA was allowed to stay in class all day which made a big difference to me and my exhaustion levels .

 

After Christmas this was removed , my planning day was changed but anyone can have their planning day changed . I then became progressively ill, I had spoken to my head teacher and highlighted how I was feeling , this was ignored . I ended up in hospital for four days following another crisis.

 

I was then emailed and told I couldn't return to work until I had seen occupational health but was not placed on medical leave . So my GP has had to sign me off sick . I saw OH yesterday and they were very supportive however I am not well enough to return particularly without adjustments .

 

Today I received a letter informing me that I was no on half pay as I had had 25 days off sick. Those 25 days are directly related to my addisons which is covered under the 2010 equalities act and wouldn't have happened had they put in place reasonable adjustments .

 

My contract states that all sick leave is aggragated and includes previous employment with other schools. So I should have 100 days at full pay and 100 days at half pay, not that I want to use them.

 

I have asked my union for support but I don't know if I should do anything else.

My contract is quite clear and I am bring really messed around now which nearly pushed me into crisis again .

 

So, if you have got this far :

Should I go legal straight away?

Should I push the union next week ?

Do I have a discrimination claim? I know it's constructive dismissal but I haven't been with this employer long enough . Any help or advice would be great , thank you

Edited March 4, 2017 by honeybee13
Paras.

[Emmzzi]

Is sick pay discretionary? If not, then yes - just send a letter asking for the pay

 

It sounds like you may be fundamentally unable to do the job - what do you think?

 

Ultimateley a court , not you or the employer, decides if an adjustment is "reasonable" but it sounds like in effect you will always need a second person present?

[purplemushroomfairy]

Sick pay is not discretionary so the union should be able to sort it out on Monday .

 

I realise that this school is really a dead end for me as the stress level is too high. So I am thinking of changing careers.

 

Occupational health said they can recommend but school do not have to comply .

In reality I have accepted this is not for me and we have to part company , I am just so angry at the deduction in wages which is wrong. Thank you for replying

[Emmzzi]

Hopefully the pay is simple - sounds like it. That will buy you some time to work out "what next", which is always a tough question when you are at your best, never mind unwell.

 

Have you liked other schools? Would cover work, where you just do the available days you are well, suit better?

[purplemushroomfairy]

I have been happy in previous schools but my body has let me down . Gives the wrong impression .

 

I did supply for two terms last year , in the same school , loved it and managed the behaviour as they weren't too bad. They sadly offered me a job after I had accepted another which wasn't the best idea really .

 

But that is an option .

[Rexroth]

Whatever you do don't resign. It is possible you might leave teaching with a disabilty pension which would be a much better bet. This needs to be negotiated while you are still employed.

[ericsbrother]

you need to read the pension scheme's ill health retirement rules. A lot of pension schemes changed the wording about what is considered a permanent disability and what level it must be to get a pension. It would have said about not being able to fulfil your duties in your present role but most schemes changed that to being unfit to do ANY work so look at it carefully and if it is about your current job then consider applying for early retirement.

 

You should ask your doctor to organise a brain scan, you may well have problems with the Hypothalamus Pituitary axis and with either thickening of the wall of the hypothalamus, causing it to fail to secrete key chemicals or possibly an adenoma on the pituitary gland causing overproduction of prolactin and proteins called leucokines and cytokines (plus others) which control the immune response and other glands and major organs. The raised prolactin may also cause your mental problems. You can get medication to reduce the prolactin levels but not adjust the protein levels as the drugs that would work can also kill you as they suppress the immune system and are normally given to patients with cancers such as Hodgkins lymphoma. However, they have been trialled for MS sufferers and apart from the dead people show promising results. If you live near London you should get yourself referred to Dr Amolak Bansal at Epsom-St Helier Hospital

[purplemushroomfairy]

you need to read the pension scheme's ill health retirement rules. A lot of pension schemes changed the wording about what is considered a permanent disability and what level it must be to get a pension. It would have said about not being able to fulfil your duties in your present role but most schemes changed that to being unfit to do ANY work so look at it carefully and if it is about your current job then consider applying for early retirement.

 

You should ask your doctor to organise a brain scan, you may well have problems with the Hypothalamus Pituitary axis and with either thickening of the wall of the hypothalamus, causing it to fail to secrete key chemicals or possibly an adenoma on the pituitary gland causing overproduction of prolactin and proteins called leucokines and cytokines (plus others) which control the immune response and other glands and major organs. The raised prolactin may also cause your mental problems. You can get medication to reduce the prolactin levels but not adjust the protein levels as the drugs that would work can also kill you as they suppress the immune system and are normally given to patients with cancers such as Hodgkins lymphoma. However, they have been trialled for MS sufferers and apart from the dead people show promising results. If you live near London you should get yourself referred to Dr Amolak Bansal at Epsom-St Helier Hospital

Thank you . I have had MRI already. I am not fitting medically into a neat box.

I managed to get referred to UCLH to see a brilliant German ENDO. But I will make sure I have the name of doctor you have recommended saved too.

I will speak to my pension company although medical retirement at 46 is something I want to avoid unless it's a last resort.

My union rep has emailed me saying she doesn't have time to deal the issues, so now feeling rather more worried than before .

[ericsbrother]

medical retirement is no bad thing in itself as long as the terms are right. You may be able to still work but in another role, depends on what the rules say. They certainly used to be that if you couldnt do your current role then you could take it but as said, most schemes changed that rule over the last 5 years. Mine did after I retired on ill-health grounds and the Pensions Ombudsman applied the new rules to my case even though I had left employment 2 years prior to it being considered so I lost a fortune in benefits.

[ericsbrother]

Bansal is primarily a Rheumatologist, I have been a guinea pig for him and helped on a couple of papers as well. I threatened to join him on the speaking circuit jsu to get the free food. When waiting for my pension decision he asked me what I was living on as I had no income, I told him cannibalism. I put that on a benefits form as well, they didnt try and evaluate a notional income based on the equivalent cash value to one of your neighbours you had for lunch.

[theronstar]

Hello OP,

 

Have you been in touch with ACAS? They are a mandatory precursor to the legal route and in any event have on occasion resolved issues between employee/employer.

 

You are asking about what potential claims you have against your employer.

 

Disability discrimination.

 

You can argue that your employer is failing to make reasonable adjustments for your condition. Their defence could be that they do not have the resources available to offer you the reasonable adjustment that you seek. Do you think they would sound realistic if they used that defence?

 

Constructive dismissal does not require a minimum length of service. You are thinking about Unfair dismissal and that requires a minimum of 2 years service.

 

Constructive dismissal is to do with you feeling that your employer is forcing you out of your job. If things get to this stage before you resolve your dispute with the school, then you could raise a claim for constructive dismissal.

 

Though a breach of contract claim is what you would pursue if you wish to resolve your dispute whilst your employment is still ongoing.

 

Sorry to hear that your trade union have not been very involved.

[Emmzzi]

Go over your reps head to central branch; too busy is not acceptable

[Ethel Street]

purplemushroomfairy, it might be useful to post this also on the TES teachers' forum as some posters there are very knowledgeable about teachers' contract of employment conditions and about disability discrimination and reasonable adjustments in schools specifically

 

https://community.tes.com/forums/workplace-dilemmas.96/

 

I recall from somewhere that if sickness absence is directly caused by a disability an employer, as a "reasonable adjustment", ought to disregard it in relation to the absence triggers in their sickness absence policy. Not sure if it should be disregarded for purposes of maximum sickness pay in the Burgundy Book though - probably not.

 

Union's response is completely unacceptable. You pay your subscription for their help at times like this. They aren't doing you a favour by supporting you, you are entitled to their support. The complexity of your case is certainly beyond any school rep's ability to deal with it, probably beyond even the regional office. But somewhere in your union's head office there will be someone with the expertise. Complain to head office and get the right person involved.

[paulwlton]

If you have home insurance check if you have the legal cover for employment matters.

[sangie5952]

If you have home insurance check if you have the legal cover for employment matters.

 

Going to another solicitor would invalidate all union entitlement to representation. The previous answer was correct - if the union rep is not doing their job properly, escalate the issue. You only go outside the union if you have decided there is no going back.

[paulwlton]

Going to another solicitor would invalidate all union entitlement to representation. The previous answer was correct - if the union rep is not doing their job properly, escalate the issue. You only go outside the union if you have decided there is no going back.

 

Yes definitely escalate the matter to the regional secretary. However, my advice remains the same people should check if their home insurance policy covers them for employment matters and if the union doesn't take on the case they can go to the insurer.

[ericsbrother]

As already suggested, get the union FullTime Officer for your area involved. Phone Head Office if the branch wont get in touch on your behalf.

 

Dont forget, most union reps at local level are lay reps and have a very differing range of experiances so they often need help from above to be able to offer you help. This direct contact will speed things up but dotn forget to inform your reps to keep them on side.

Edited March 13, 2017 by honeybee13
Paras.