I've told my manager I've got fibro w... - Fibromyalgia Acti...

Fibromyalgia Action UK

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I've told my manager I've got fibro which means HR will have to come in and do a risk assessment they cant use it to force me out can they?

rainbow_sprite profile image
15 Replies
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rainbow_sprite
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15 Replies
hamble99b profile image
hamble99b

not that I know of.

jillylin profile image
jillylin

Not that I know of. I think it is more because they have a duty of care toward you and need to make sure that you are not put at a disadvantage because of your working conditions. For example if you have an irritable bladder and need to use the loo frequently, that you are not working two floors away from the nearest loo. I know that is a silly example but it gives the idea.

Hugs

Jillyxx

Hopefully not and it will be more of a help to you, best of luck x

ehlers profile image
ehlers

No they can't , any one in employment with a long term illness, medical condition or disability , should be seen by HR to ensure that the workplace has all your needs covered .they can't get rid of you because of it , but need to risk assess to minimise absenteeism from work and environmental factors that may trigger things such as pain , eg chair type , keyboard level , wrist supports , ect . Sometimes in small companies if over 10 percent of there workforce have a form of ill health or disability they can claim grants that help towards wages and buying any special equipment or doing adaptions , so it may be as simple as they want you to sign a form so they can claim for any adaptions you require to make your job easier . Let us know how it goes. X

rainbow_sprite profile image
rainbow_sprite

Thanks everyone, I thought that was the case, just think I was being a bit paranoid! It's all very new to me, I was only diagnosed in May and it's scary xxx

It's a very long process to get you out, they

Have to prove that they have done everything

Possible to make your life comfortable.

why has your HR got involved they should send

You to occupational health for an assessment

On your health, not a risk assessment that's

Not right.

The goverment says that anyone who has cronic pain

For twelve months is thought to have a disability.

If your company does not help you to keep your

Job you can then take then to a court for unfair

Dismissel, fibromalygia is one of the illness that

The goverment states as a cronic condition

If you want the web site I will give it to you

I would not let HR assess me you have to have

A doctor.

Love Viv

I have just been through this myself.

rainbow_sprite profile image
rainbow_sprite

I think that a risk assessment is part of the process they may want to go to occupational health too xxx

skippy383 profile image
skippy383

if you were having a lot of time off through illness, you could be called to a capability meeting which lays out what is expected of you in way of improvements for you to meet your role requirements. This would usually mean improved attendance over the next three to six months. If your attendance did not improve you could be dismissed.

skippy383 profile image
skippy383

However I feel in your case, where you have notified them of your illness that they are looking to risk assess you and provide support. But they would monitor your attendance.

Hope this helps

Stephen

skippy383 profile image
skippy383

as vivien60 points out, it is occupational health which will assess you but this is usually arranged through H.R due to the cost implications (these consultations and a report usually cost several hundreds pounds) you don't have to agree to be seen by O.H (occupational health) but is usually a good idea, as adjustments to your work pattern and work aids can usually be negotiated. P.S. you have the right to have a copy of the report produced by O.H. but you would usually need to request this directly from H.R. as they have paid for this service.

Regards

Stephen

sarahbennett profile image
sarahbennett in reply to skippy383

I was asked about going to see Occupational Health. Initially I had a phone consultation which the nurse was concerned on a couple of matters re working and medication. I then had a face to face app with an OC doctor who was very nice to me and very thorough helping me to understand the questions I really wasn't understanding.... most days now my brain just goes into spaced out mode. In his report he said physically and physiologically that I'm not fit to work. I'm off sick now and I think that my employers will be going down the capability route. I was threatened in the first week off that they now didn't have a job for me I'm just waiting for the obvious to happen. I have got help from the local Mental Health Team. Do seek help go through your Doctor. I changed my doctor at the beginning of this year as she was useless.... I think it saved my life as at my first app my blood pressure was through the roof and I was experiencing chest pains on mess for my high blood pressure and better painkillers for the Fibro. Soon to have an MRI Scan and app at the Pain Clinic all through changing my doctors surgery. If you're not getting the help you need change your Doctor or Surgery... I'm glad I did!

saluki25 profile image
saluki25

basically no, under the Disability and Discrimination's Act they have to look at the work place and adapt accordingly to suit you in order that you can do your job efficiently.

skippy383 profile image
skippy383 in reply to saluki25

actually, if they have made reasonable adjustments to allow you to be able to fulfil your work role, and you still can not achieve what is expected of your role then they can initiate capability procedures, after a reasonable length of time (6 months usually) without improvement they can escalate to dismissal procedures which are subject to an independent review. which would be two verbal (recorded) warnings and a written warning with their intentions to dismiss if no improvement is achieved. It's not about disability in the work place discrimination, but about being be able to fulfil your job role requirements and organisational / operational contractual agreements which they need to achieve to run a business.

Regards

Stephen

fibro profile image
fibro in reply to skippy383

this is what i was led to beleve too. i was chatting to someone a few weeks back who had gone through similar, they too have Fibro and working for civil service, sad in the end they lost their job because if ineffficiency. its very sad the way humans get treat tday... i use that word as when human recourses used to be called personel, they treated staff so much more fairly and humainly! now its just about looking for ways of reducing staff, no matter whether you have a disabilty or not!

i wish you luck and hope eevrything works out for you. they should be encouraging people to stay in work. i wish I'd have had the chance to have been helped stay in work, but they didnt want to know back then. I was asked to provide medical evidence and my consutant at the time and GP both said the same. If yor Boss would care to wrte to them they would happily respond accordingly, but my Boss never contacted either! things are a lttle different now I guess, but also i didnt leave becaue of Fibro, although i must have had it all those years ago, it was because of other musculoskeltal problems. xx

sarahbennett profile image
sarahbennett in reply to skippy383

You're totally correct Stephen

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