Hi I'm new here, I lost my workplace appeal this morning my employer is insisting on including fibro related absences in sickness absence

[caria40]

Can they do this. It means if I am off work for 6 days in the next year I lose my job. I work for a government owned body

[Riles-17]

I'm sorry to hear this, it infuriates me! are you in a union? If not I would suggest speaking to an employment solicitor or citizen advice, that is just ridiculous. Have you spoken to Occupational Health? Get your employer to sent you, they are all about keeping you in work and your employer has to assist you. Another thing I would look into is disability discrimination act. Note down everything said and done regarding FMS at work keep a diary. Your employer by law has a legal duty NOT to make your condition worse. Maybe they need to look at your work load Could it be reduced so you don't get too tired. Maybe mentioning that they have a legal duty might make them think differently and INSIST on a visit to OH. Good luck!

[crissy]

I would deff get advice and join a union that does not sound right to me surley the disability discrimination comes into this i would go to a solicitor how on earth can they expect this of you wot an emoloyer! X

[shazzap12]

Government bodies seems to be the worst, they supposedly have things in place to protect disabled works, but choose not to apply them. My husband was dismissed under Ill Health Capability, even though he had sleep apnoea & diabetes. We are currently taking them to the Employment Tribunal

[11rooky54]

I also work for the government & if u have had an illness for a period of time & it wont get beter then u are covered by the didability act & they have to do eot they can to help u. Join the union & demand to see OH. Lucky for me my employr is brilliant. FM is a disability

[Lruk]

Hi Caria, if you work for a govt owned body you should insist on an occupational health referral. Your employer has to act on what occ health say and they are usually health professionals who will have a better understanding of what you can and can't do. I have lymphoedema and occ health suggested a different work station set up which cost my employer a lot of money but they have fully complied. I also have a longer trigger period if I am off ill due to the LE or cellulitis. I have just been rereferred as my GP is pretty sure I have fybromyalgia and I am almost incapable of doing my job but I am at work on an extremely reduced workload, which I am still struggling with to be honest.

I would also suggest a union and the citizens advice people to see where you stand in terms of disability discrimination. Good luck.

[Fermerwill]

I was paid off on capability grounds even though I have fibro/ depression / ibs they new about condition depression and ibs got told I had fibro 4yeara ago then told employer I was on long term sick at that point. Ah well that's life by the way had union invoked was waste of time she was on management side not mine

[Fermerwill]

Sorry to add this I had been through 10 medicals with work all saying I could not work but doc who decides about pension said I would be cured in two years

[suffolklass]

Hi Caria.

I was with the MOD and was sent back and forward to OH. Changes were made initially until a change of supervisor who basically ignored the advice given and put me forward for dismissal.

Have a look at retirement on ill health grounds guidelines so you can have all aspects covered. I had to go down that route eventually. The pension provider said I could be cured, work said I couldn't carry out my duties. I had to go to the last stage appeal with independent consultants who thankfully said I couldn't work. Was upset not to work but it has taken a big lot of stress off me.

Good luck. Xx

[suffolklass]

Forgot to say there is a way that you can have discounted sickness but it has to be agreed with line managers. It is still recorded but shouldn't count.

[Offcut]

gov.uk/government/policies/...

this is worth a look at.

In my case back in 2008 I was off work for 5.5 months with Lung Failure. I was going to be issued a written warning for being off work for to long. I had already made them aware when I filled in the employment forms I had heart lung conditions. Which were conditions listed as a disability so would not count under their usual employment contract as they have to make adjustments to make sure I can continue to work. I also past all the information on to the equal opportunities commission who replied saying that they will prosecute if they issue the warning. My employer dropped the warning "after looking into it further" I did join a union after all this was sorted out but to honest they would not deal with anything that was before me joining so for me a total waste of time.

You do not mention if you have kept your employer informed of your conditions? If not do so with the approximate dates these were diagnosed.

also look here gov.uk/rights-disabled-person

I wish you well and do not let bullies win they are hiding behind their own ignorance.

[Libbylou]

Hi,

I know how you feel. I was recently diagnosed with fibro before that was off and was sent to OH luckily two days before I was diagnosed. My two colleagues have left and I'm on my own with a temp. My boss keeps critisiing me for everything I do and my workload has doubled. Personnel came in last week and basically they are now trying to get me out so that they can have 3 new office staff. I'm in the union and my union rep knows what they are playing at and is trying to get me a pay off. Unfortunately I have been off the last 3 days as the stress of it all has caused me to have a flare up. I don't know how companies can do this I think it is disgusting. Good luck xxx

[caria40]

Thank you everyone. I do belong to the union but as you know if some of the sickness was before I joined I am not covered. During the meeting they first of all tried to say I had never had a diagnosis of fibro, to which I produced two letters on from occi health and one from their own HR department saying that I had fibro. They refused point blank to separate any fibro absence from sickness absence. And told me they will increase the amount of times I am allowed to be off but the number of days stays the same.

What they failed to take into account was the fact that they increased the amount of time you have to be off when you've had diarrhoea from 24 to 48 hours but if you've been sick then it's 72. As I have severe ibs and already work part time I only have to have diarrhoea twice and I ve lost my job

By the way I work for the NHS in a clinical position, many thanks to all of you listening and giving advice

[PAULINE15]

very sad to read what you are all going through, I work full time as a store manager and is finding it getting harder, my boss does not know I got FM but have been thinking lately that maybe I should tell them but they are not very understanding people plus I did feel that I could managed till I am 60 (2 years) but now I have to work till I'm 66 and don't think I can keep going that long

[JeannieMc]

equalityadvisoryservice.com/

CONTACT OUR ADVICE LINE:

0808 800 0082

OPENING HOURS:

Monday - Friday: 9am - 8pm

Saturday: 10am - 2pm

If you are not in a union, please contact the above; it will help and support you if you are being discriminated against; and it sure sounds to me like you are.

I am being made redundant at the moment as I can no longer do my full time teaching job. Life is so unfair, is it not. I am not fighting the redundancy as I KNOW I am no longer fit to DO the job. I am looking at retirement, while still praying I can get somewhat stronger, to take up some kind of employment as I enjoy working!

Take Care!

xxxxxx