Where to start......?

[Imps]

My body is in pain, hardly any sleep in the past 48 hours, tired as hell and all I want to do is crawl back to bed! The reason for all of this is my company, about 8 years ago I was given the news I had an hearing impairment and had to wear aids, I had an assessment from Access to Work in 2012 and told me the pieces of equipment I needed.

My company at the time of my award had no money to provide the said equipment, even though I told them that they could claim the money back. Then my boss got caught with his fingers in the till, so definitely no equipment coming my way, although I still had conferences and workshops to go to where the equipment would of helped me. I had no boss for 9 months and held the company together until a new boss arrived on the scene, who asked me to take minutes at the board meetings??? I mentioned of my hearing impairment and he took no notice, so struggled I did this for 6 months when I was told I was no longer needed for three reasons, 1. We were both out of the office at the same time. 2. The cost of travel to London (£40) 3. he was employing a minute taker that cost £200 (?) , that sounds like good financial planning, and finally 4. because of my hearing!!!! I have tried for the past 6 months to get the equipment I need sending repeated emails to get it and still I have not got the equipment.

In January of this year I was diagnosed with Fibro and kept my boss informed all the way along, now the above while not related to the Fibro is connected to the next part. Two weeks ago I was told I was being made redundant my job was no longer there, seeing as there are only 2 of us in the company I find that difficult to believe. The consequences are it sent the Fibro into over drive, I can't think straight, my short term memory is shot to pieces, and now have to go through a consultation period of lots of meetings! I'm at an all time low and want to bury my head in the sand and don't want to come out until it is all over...........I know I can't do this as I have a case for a tribunal for not supporting me in my work, I just don't know if I have the energy for it.

I must say though my GP has been great in just listening to me, I had to go to see another doctor within the surgery for some pain medications and all I got from him was that I was depressed and sent me home with paracetamol. But seeing my regular GP she listen and feels I have a case also, I went to an audiology appointment this week, she sat there and said your putting on a brave face but I can see you're in pain and gave me a hug, while it didn't take the pain away, it helped.

Sorry the above is long winded but with no one to talk to it helps me get things down in black and white, if you asked me today would I fight the case I would say a resounding NO, if I got the Fibro attack under control I would say MAYBE, if I didn't have Fibro I would say DEFINITELY! Fibro 1, Me 0.

[Julie63]

I always get so angry when I hear about people being badly treated at work. There are so many taking sick days for nothing, then people with long term health probs get treated like malingerers. I am sorry toghear how you are feeling, Imps, love and gentle hugs, hope youfeel brighter soon, Julie xxxxx

[Imps]

Thanks Julie for the hugs always makes me feel better, since being diagnosed I have not taken any time off apart from tests which have required sedation, when there was only me in the company I was refused holiday and lost over 10 days holiday as they wouldn't carry them over. It seems the more you do, the more they want and the less they give! xx

[Fibrofoggiest]

Hi there lmps, it does sound like you are being very badly treated by your "boss" No wonder your fibro has gone into overdrive, I'm so sorry ! I know it may seem a mountain at the moment but I really think you have a very good case for unfair dismissal, you could possibly just have a word with the CAB to see what they think. You don't say if you have any family, but if you have I'm sure they would support you through this, as all of us here would too. It would be so sad that you gave so much of yourself to the company, keeping it afloat for nine months is

no small matter and I think it is completely unacceptable of your "boss" to treat you in the way he has.

I completely understand if you feel this is all too much for you, but know, whatever your decision you can always come here for support and understanding.

Sending lots of positive vibes your way

Foggy x

[Imps in reply to Fibrofoggiest]

Hi Foggy,

Thank you for the support, I am determined to fight this, the women that had my job before me was made redundant in the same way, she was asked to sign a what was called a Compromise Agreement, but now called a Settlement Agreement. I think they are worried about me taking them to a tribunal as my boss insinuated that 'the company' would not want to let me go with the statutory redundancy, they would like to do something more for me in this agreement, and said it would stop me going to a tribunal as the company could not afford it! That to me is a guilty conscious, he is being over friendly with me enquiring about my family when he has never been interested before!

I have contacted the CAB and they have been in touch, I also called ACAS, and now in touch with a solicitor who specialises in Employment Law. Who's asked me to ask to see sight of the agreement as I can't agree on anything until I do. The other options are I reapply for my, sorry the NEW job, or I work for them on an ad hoc basis.

I do have grown children who don't live close to me, but in the next couple of weeks my son is moving in so he will help and will be a support for me.

Today is a bad day and have given into Fibro, but will spring back and hopefully start thinking clearer, I'll just have to remember to write everything down!!

I appreciate your support and understanding.

Imps xx

[tettridge]

Hi

I feel so angry when I hear these stories of people being let go for some trumped up reason, it is wrong and they should be made to pay. They will employ someone else for your job but with a different title.

See the local Jobcenter and get them or your local Citizen Advice bureaux involved. it is bad enough having any sickness but to have coped with the work only to be pushed by because the company is scared they may have to pay out some money is disgraceful.

Sue them for loss of earnings and make sure everyone knows you need a hearing device and it is free to the companies as they can claim it back tax and all.

Take great care and kindest regards

Terry

[Imps in reply to tettridge]

Hi Terry,

I'm angry at them for letting me down, but have to think this is nothing personal against me, they are a company on the up (now!) But I don't want them to get away with thinking people are a disposable item, its my life they are messing around with if I don't work the bills don't get paid.

My boss called me yesterday to discuss things and had to tell him today was a bad day and had slept very little in the past 48 hours and would not retain much about the conversation he was proposing to have, so we are talking on Monday (he wants to keep the momentum going).

I have battled with them for more than 6 months to get the equipment that is needed, sending him the paperwork from Access to Work (they send 2 copies, one for myself and one for the employer). He then said to deal with the Financial Director (FD) and my boss promised he would send him the paperwork, this took a couple of weeks. The FD then said he had never done anything like this, what does he do? So explain he ordered the equipment and paid for it, fill in the claim form and claim it back from Access to work. He told me he did not have the claim form, so I called AtW and asked for another one, and sent it to him.

When he had the form I told him exactly what equipment was needed, the websites to get it from and the prices, I have even said to them that if they transfer the money to my account I would do it for them. The last time I enquired was last December, over the Christmas period I was diagnosed with Fibro and have been trying to come to terms with that, and was told in March I was being made redundant. I'm not going to flag it up to them now as it would alert them to the fact that they have not supported me in my work.

Thanks for the suggestion Terry, in my work I had to attend board meetings and in the last one I took an electronic note taker with me (again through AtW) a lady types on her lap top the conversation and I have a laptop in front of me so can 'hear' all of what is being said and so much easier for me, so they cannot say they did not know I had a hearing impairment!

Imps xx

[TheAuthor]

Hi Imps

I have read your post with so much sorrow and pain for what you are being forced to endure, and I am so sorry. I know this must be a very difficult time for you at the moment and nothing I can honestly say to you will change your situation. I think that you have done all the right things in contacting the CAB and getting a solicitor etc.

This is just my opinion, so please do not take it as advice, but for what it is 'my opinion': I would keep an open mind about the issue, as if they offered me enough money I personally would take it and walk away! I would do this for so many reasons and on so many levels as if you lose a tribunal, you will not be able to write on your CV where you have been working all this time as they will want to know your reasons for leaving and what happened? Also, you may still be able to get a reference from them, but after a tribunal there would be no chance?

As I have said however, this is just my opinion and nothing more! So please think long and hard about what you want to do? I want to wish you all the luck in the world with finding a new job and being happy in your life.

All my hopes and dreams for you

Ken x

[Imps in reply to TheAuthor]

Hi Ken,

I appreciate you opinion and is very sound advise I did not even think of the consequences after the whole thing had been resolved so food for thought indeed!

Having spoken to my solicitor she said she expects to see certain things within the agreement, such as all my pension payments for 2 years, (I only found out in October of last year that they had stopped them because I changed my pension provider and needed a new Direct Debit form signed). My boss called me to say why did I want the form signed as he didn't get pension payments as part of his contract and anyway the company had stopped the payments due to lack of funds, and 'someone' sent me an email telling me so........surprisingly no email was sent to me telling me that, and upon checking my contract it says the pension payments would be made as part of my contract.

Also compensation for the lack of the hearing equipment that was needed to support me in doing my job properly and the redundancy package itself, it remains to be seen if they include it. The previous employer who was completely fit and able all that changed was the job title and she was asked to sign a settlement agreement, I saw it as I was asked to file it away and know how much she was offered. While half of me wants to 'get them by the scruff of the neck' and make them pay on many levels, with the Fibro I don't know if I have the strength to fight them, its a wait and see situation, but thank you for your support.

Imps xx

[TheAuthor in reply to Imps]

Good luck with getting a settlement, and I really hope it all works out for you.

Take care

Ken x

[shazzap12]

Hi Lmps

Sorry to hear about what has happened to you, but please do not let it get you down. If you do not have the energy and finances available to fight this at the the Employment Tribunal, then stick two fingers up to them, and start working for yourself from home. You obviously have transferrable skills, and a home based virtual support business is easy to set up, and you can get funding from access to work which you do not have to pay back, as you will be classed as a micro organisation. I can truly recommend working from home as a way to still feel motivated, and that your are controlling your life, not just existing because of your disabilities.

[Imps in reply to shazzap12]

Hi Shazz,

I know the route to an Employment Tribunal is paved with difficulties and will take a lot of time and expense and believe me, if fought and won it will be with a great deal of satisfaction I walk away from them.

The beauty of this job is at first it was office based and then they asked 2 years ago if I would work from home, I jumped at the chance as you can imagine, when the Fibro was diagnosed it was a comfort to think even on my worse day I could still work a little.

I did not know that Access to Work offered funding to help set you up in a home based business and was already thinking along those lines of offering virtual offices services so thank you for the advise I will enquiry with my AtW case manager next week to see what help she can give.

I don't want to be defined by my disabilities I want to work and working for myself is the only way I can make myself feel better and have the control back in my life.

Thanks for the advise and support, its so good to have all of you 'there' for me, as the outside world can be a scary place when you don't know which way to turn.

Imps xx

[fibro]

Hi

I have been out of the work loop for for many years i'm afraid, but i am appalled by what i have just read. I think i'd be giving you a hug too!

Have you contacted ACAS as you sound as if you have a classic case for constructive dismissal! Before he makes you redundant, you leave but put the blame on him because he didn't provide you with the equipment that was confirmed you needed to do your job, added to the fact the additional stress of all this fighting to keep your head above water, has had a detrimental effect on your Fibro.. Check out ACAS's website as I'm sure there must be info about this on there.

Wish you luck xx (((hugs)))