I am being manoeuvred out of my job. Having worked and managed my health really well for four years, I made my manager aware that I was struggling with extra work, and was promised two part-timers to work with me. Of course this never transpired and after a fall at work I am now off sick.
Has anyone had success in an Injury at Work claim or fibromyalgia appeal please? If so could anyone recommend a lawyer who knows about fibromyalgia? Thank you.
Hi there
I don't know of a lawyer that can help but under the Disability Discrimination Act you are entitled to adaptations to enable you to do your work.
As your employers have already agreed to adjust your work by giving you 2 part time workers to work with you...they have already accepted your disability and a need for adaptations. The fact that they haven't actually put this in place would help you if you filed an Employment Tribunal Case against them for failure to give you those adaptations.
Some years ago I won my disability discrimination tribunal case against my employer as they wouldn't assist me back into work. My condition at that time was diagnosed as Chronic Fatigue Syndrome....although I have since been diagnosed with fibromyalgia.....it's pretty similar in symptoms etc.
The classification of disability comes from you being significantly affected enough for it to affect you on a day to day basis and not the name of your condition.
I had my Union support me in my case but if you don't belong to a Union there are Solicitors who will take your case on....on a no win no fee basis. Look on the internet for Employment Law Solicitors local to you - with a no win no fee basis. They will give your case an initial assessment at no cost to you.
Hope this helps you....don't give in to your employers as pushing you out 
I didn't go back to work for my employers but did get compensation and a re-imbursement of loss of wages etc........ Good Luck 
Thank you andreafm, unfortunately the manager never wrote of her (at the time) reassuring words! My word against hers....and the emails I sent her confirming our conversations were not responded to. My Union has suggested an injury at work lawyer, such stress is not wanted but I feel I have no choice 😩
Speak to the Equality advisory and support services. A disability depends on certain definitions, ie physical impairment, if it is long term, if it affects day to day living and to what extent etc, If you are covered by the disability act then your employer has a legal obligation to make reasonable adjustments to your work for you to be able to remain in employment. I had so much help from them when I needed advice. There number is 0808 800 0082
Thank you Broomsea, I spoke to ACAS, but as with above post they felt that not much could be done as there was nothing written down by manager. I feel so foolish for having trusted her now.
Hi
Give ACAS a call
Do you have a law Centre where you live
Rose
Not sure what a law centre is, but as with above post I have spoken to ACAS...
Please remember the truth will always prevail! ! Good luck.Peck 🐤
Have we confused ACAS? Its arbitration and conciliation service. I got in touch in my case and was actually referred by my employer. When I went through the circumstances they didn't want to know. CAB is a good call. Its true an employer must make reasonable adjustments but that usually means someone in HR or management leaving their comfort zone and finding out what the procedure is. despite my employer being signed up to ISO9001 they still went down the ill health retirement. So when another job came up I took it while I still could. At my age and with my absence record offers are few and far between.
Thanks fen badger, my experience with ACAS was not a positive one either, nor with the union...unless I'm looking for an answer or solution that cannot be given. I'm looking for ill health retirement but with fibromyalgia odds are poor I'm constantly being told.
Have you tried remploy ? They were helpful at talking to employers after my brain illness and deal with all types of disability.
K
Hi my friend
I am so genuinely sorry to read this and I have pasted you a link below to a specialist Fibro solicitor. We do not usually allow these kinds of links but this one has always been an exception:
brianbarr.co.uk/expertise/f...
I want to sincerely wish you all the best of luck, and please take care of yourself.
All my hopes and dreams for you
Ken
I have one piece oc advice for you, make an appointment with a LOCAL solicitor, you need one you can talk to about your case, because with the big companies you are just a number and as you have pre existing conditions your employer or their insurer may well try and blame that for your injury and even that it could be a contributor toward your accident. If you feel you are being pushed out of work that is obviously contributing to anxiety and stress which is the last thing you need, your employer could be acting in a way that constitutes a constructive dismissal ie they put you in a position where you cannot or feel you cannot go back to work which is a common problem when someone is off long term sick and the company is putting its own position first, the company still have a duty of care to you as an employee when you are off sick. Go and get some goid advice soon, CABs often have local contacts and can advise you how to go about getting help, they also normally have someone who is familiar with employment law who can point you in the right direction. From the sound of it you may well have 2 seperate issues, accident compensation and employment problems. Hope this helps a little, good luck,regards Leon.
Wow thank you Leon. Good advice. I've applied for benefits (yesterday) & made appointment with CAB. Think I'm in shock that this is all happening, but thank you for your thoughts.
Pleasure, unfortunately you may well finf your only up for SSP which is a pittance, i was on it until eventually my employer asked my gp when will he be back at work my gl said never, they ended my contract, i had already applied for DLA but hadnt got it, then went on JSA i immediately applied for ESA and im now in the esa priority group i guess until im 66? 67?, i did get DLA and 6 weeks ago this became PIP, im ok financially now but trying to get help when on sick was murderous, you are better off sacked but you can do nothing to cause that or you wont be able to claim, i feel bad for you because i went through 8 or 9 months of hell, my employers were ok and left me alone on condition that as soon as i got diagnosis and prognosis i would yell them. I hate not working, i try to do voluntary biits to help oeople where i can but the problem is i dont know how i will be next week, or tomorrow and i hate lettig people fown so im very careful about doing anything outside my home, no point in earning part time even if i could because everything i earn would be deducted from my benefit £ for £, hope you get sorted, having sort of been through it (alart from the accident but i have had kne of thise thats how i mnow about the solicitor) if i can help at all please ask, even if its a "what if", will help if i can, regards Leon.
Hi Leon, I've exhausted SSP, just applied for ESA. Have been off for seven months after 35 years with same (large) company. Now they're all too happy to get rid of me, which hurts.
Surgery phoned this morning and GP has prescribed a drug called Pregabalin which I think I tried years ago (memory collapsed!) and a sick note which runs out while I'm (supposed to be, all being well,) away at a wedding. Ho hum. To take (Pregabalin) or not to take, that's the question.
Sorry I'm not my usual (!) happy go lucky self, and thanks for answering.
Early Retirement from Work.
Fibromyalgia and work
Time of work
Reasonable Work Adjustments
