unfair treatment from employer

[baxter1]

hello all i was diagnosed with copd in march 2011 im 48 i no how bad this is as i nursed my mum throu this for 5yrs till she passed away on boxing day 2010 . i informed my employer about my illness as soon as i was diagnosed for 10mths they did nothing it then became apprant to me there are certain dusts,chemicals,stairs which i do deal with on a daily basis which were affecting my condition i informed my work about this and after seeing the occupational health nurse i was placed on restricected duties which did help after my yearly review my copd had worsend and i was told i also have significent asthma aswell.Has my condition had worsend i felt duty bound to inform my work who then brought in a occupational health doctor who after no examination informed the company a move from the prodution area would heelp me at my last meeting with HR ,prodution manager ,nurse they informed me i was facing a ill health dismissal im still waiting for another meeting now my last meet was 6weeks ago i was hoping someone my help me has i pursue my quest to stay in work and any help would be much appricated thanks in advance

[Lynne1955]

All I can say from my work background is that employers are required to make 'reasonable adjustments' under the Disability Discrimination Act (DDA). The onus is on you as an employee to ask them to do this.

These might include a change of duties, which yours have seem to have done and might also include a larger tolerance limit for sick absence before disciplinary action is taken. You don't mention whether your employer has done this.

If your condition prevents these measures from being sufficient and the employer has no other duties it can offer you, or if the extra 'sick allowance' is still exceeded, then they might be considered to have reasonable grounds for dismisal or early retiement on health grounds.

As I understand it that is the legal requirement they can follow but you might want to check it out with your local CAB in case things have changed.

Lynne

[baxter1]

hi thanks for the reply there has been no mention of extra sick allowance has my attendence is very good dont want to give them a excuse to finish me on them grounds i have attended work when i have really not been well enough to do so because of this.they tell me they are looking at other duties one of which may require me to travel on a round journey time off about 4hrs .they have not looked at any changes to my job by which i mean air hoods extra ventilation removing the need for me to walk upstairs to get readings which can be moved to a downstairs control panel is this something i could ask as reasonable ? they also have as part of the pension a 75% payment if you are retired from work but tell me i dont qualify couldnt give me any details so asked for them to send to me still waiting after 6weeks ironic thing is i work for a pharmicutical company which provides healthcare for those who need it

[Hidden]

Baxter1

i have just been through this.

Under the equality act(DDA) they have to find you another place within the company ( mine took me from heathrow airport doing a very physical job to the head office imputing data onto a computer)

i have been expecting to be medically retired but the occupational health doctor said because of my age he felt i would not get any pension and asked me how i felt - truth is i don't want to give up work,- so he suggested i was placed in a position away from my usual environment.

check out the equality act to see where you stand

legislation.gov.uk/ukpga/20...

i hope this helps

[Hidden]

Hi, if you want to stay with company then join a union as I did a number of yrs ago as I also have Fbro as well as COPD and the company did all they could to get rid of me and put me though hell. I didn't have COPD then just FIbro but the union saved my job for me and they had to put a risk assment in place for me.

I haven't told them I've COPD yet as my risk assment is covering me at the moment, but when I do tell them my union will be by my side.

Hugs

[baxter1]

thanks again to all for replying when you say they have to give you another job is this law havent been able to find this out ? ive been to the union office in my local town they say it will be 6 weeks before they can represent me amd i think my time will be up by then to be honest ive been working here for nine years now .when you say the union got you risk assesed is this not normal procedures for the company to do with anyone with a disabilty? when you say they can finish you if you cant do the job you are employed to do surely it cant be that easy dont they have to take steps 1st to keep you employed and see how they work for you