Been Terminated from work after nearl... - Fibromyalgia Acti...

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Been Terminated from work after nearly 20 years

Tina56 profile image
35 Replies

After having my accident ident at work and trying to go back I went back in April could not cope with knee and back pain, found out I had several knee fractures from the accident on crutches, my fibramalgia has got a lot worse, arms, legs, back everything hurts, brain fog severe depression Iam on Tramadol. So Work Occupational health have said in August they did not know when I could return, GP said in August you can not return so after communicating this the school has communicated to my Union that I have been terminated, this is the news I received on Friday 8th September I think iam still in shock, and so upset I loved working in school with the children and knew the parents very well, some of my colleagues can not believe they have done this.

I have had counselling since July 2023 and it has now finished.

Iam not sure about applying for PIP as I did it for my mother who is 81 and they turned us down in February this year.

Life is cruel 💔

Now concentrate on my health and well-being which is not good.

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Tina56 profile image
Tina56
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35 Replies
Yassytina profile image
YassytinaFMA UK Volunteer

healthunlocked.com/fibromya... Hello, I think that is awful 😞, i am guessing your union will look further into this for you ? This accident occurred at work so I am quite upset to read that you have heard about the termination, it’s also a place you have made friends and helping parents. I have posted a link and I hope members will pop on about their experiences also please take care and let us know how you get along xx

Tina56 profile image
Tina56 in reply to Yassytina

Thank you so much, I have been told by my Union to put in for a personal accident claim against them, so let's see !!

honeybug profile image
honeybug

Dearest Tina56 🤗🌿🌸🦋

I’m so very sorry about your termination.

Since this accident happened at work I pray that your Union will be able to restore your employment. Hopefully they are strong enough to do this.

In the meantime try to be positive and take this “off time” to concentrate on your overall health and healing from your accident.

I just said a special prayer for you sweetie and send you healing hugs and lots of love.

Love and prayers

EJ 🤗♥️🥰🙏🕊🌿🌸🦋

Tina56 profile image
Tina56 in reply to honeybug

Thank you so much, 😘 but I think they will not take me back, 😢 but if I had cancer like my colleague was off for a year, has gone back in May this year part time they did not terminate her.

honeybug profile image
honeybug in reply to Tina56

Oh sweetie that’s so unfair. 😩😭

When I worked for the hospital I was burned on the job. I wasn’t allowed to work until it healed because it was work related; then sometime later I got a second degree sunburn on my legs so severe it caused nerve damage and I needed crutches to stand and walk. After a week I was told I would be fired if I didn’t return to work asap. I had to break the blisters and wear support hose in order to stand/walk at all… I went to work before healed. I had to wear those support hose for next 5 years because of that crazy off work rule that injuries weren’t eligible for health leave of absence. Doesn’t make sense.

If you don’t get your job back and times seem hard remember that I love you and send you loving hugs from across the pond.

EJ 🤗🥰

Tina56 profile image
Tina56 in reply to honeybug

🥰🙏

ANJI-UK profile image
ANJI-UK

HELLO TINA, APPARENTLY I WAS TOLD A LOT OF PIP GET TURNED DOWN THE FIRST TIME AROUND, BUT DONT LET THAT DETER YOU, APPEAL, ITS YOUR RIGHT, SO FIGHT FOR IT. I WAS TURNED DOWN FIRST TIME. I WAS DEVASTATED, BEEN A BIKER MOST ALL MY LIFE AND NOW I CANT EVEN BALANCE AS A PILLION ON 1 LET ALONE RIDE. I CANT CAMP THE BIKE RALLIES ANYMORE BECAUSE MY KNEES CANT COPE WITH THE AGONY OF CRAWLING AROUND. I USED TO CRAFT, I CAN BARELY USE SCISSORS, I USE MOSTLY PLASTIC FOR COOKING AND EATING BECAUSE IM ALWAYS DROPPING STUFF,I USE 2 STICKS AND MOBILITY SCOOT, I ALSO HAVE A LIST OF OTHER HEALTH ISSUES. YOU GOTTA FIGHT TINA, GO BRIGHTER FUTURES, CAB, ANYWHERE YOU CAN GET HELP TO FILL IN THE FORMS. IT ALL GOES ON HOW ITS WORDED. GOOD LUCK X

bertie1606 profile image
bertie1606

I'm so sorry to hear this, I'm not surprised you are in shock! Definitely apply for PIP, you would definitely be eligible. And definitely put in a personal accident claim, they have demonstrated no loyalty towards you.Just a quick question, are you sure it was PIP you applied for for your Mum? As you can't claim PIP if you were born before 1948. Have you tried claiming Attendance Allowance for your Mum?

Tina56 profile image
Tina56 in reply to bertie1606

Thank you I will apply for PIP a d no mum does not get anything iam going to try to apply for my mum it is very hard being like this and having to look after mum as well.

Gigiruth profile image
Gigiruth

Hi Tina56So sorry you are having such pain,

If your Union looks into accident claim you could ask them to check any occupational pension rights on finishing because of ill health /workplace accident,Im sure they will.

If your Union subs are paid direct from your wage remember to change to bank payments ( most should be from bank direct debits now anyway)

You sound so dedicated to young people,I hope there is work or volunteering you can do in the future as you have so much to offer.

Take great care of yourself at this stressful time. You sound like a lady that puts others needs before her own.

Look after you

Take care

Gigi

Tina56 profile image
Tina56 in reply to Gigiruth

Thank you so much for your kindness 😘

Seascapes31 profile image
Seascapes31

Hi there, I just wanted to send you my best wishes and hugs as well as well as letting you know on here there are benefit advisors who can help you make a claim going forwards and also Fight4justice are also very helpful in making PIP claims,Best regards x

Tina56 profile image
Tina56 in reply to Seascapes31

Thank you so much 😘so where do I find that ?

Bevski83 profile image
Bevski83

I'm so sorry to read this. There seems a lot of injustice doing the rounds at the moment. I would definately seek legal advice.

There are 2 matters here that need addressing, a solicitor should be able to advise you relating to the prospects on a claim for the accident, and I would contact ACAS regarding the termination of your employment. I don't know what justification they have given you but there may be some issues they can advise on if the employer has breached any part of employment law regulations or your contract of employment and their policies and procedures.

Further, please do not be put off applying for PIP, I'm unsure if the DWP will have shared why the claim for your mum was refused but unless already in receipt of PIP at retirement age she would not be entitled, for individuals over this age, first time disability claims would be for Attendance Allowance, so it would also be worth you looking at this for your mum. I hope this helps, I hope you get some sort of resolution and closure to the actions of your employer.

Sending gentle virtual hugs. Best wishes x

Tina56 profile image
Tina56 in reply to Bevski83

Thank you so much fir your advice 😘

Lillylilac profile image
Lillylilac

Hi Tina56

What a dreadful thing to happen to you. Please don't let them get away with this. You deserve so much better. I didn't think they could sack you while on the sick and should make every effort to get you in work safely and in good health. Hopefully you haven't signed anything. Make sure your union are fighting for you and have them keep you informed all the time. Unfortunately I have not much faith in them as they are usually employed by your employers so in my opinion you have to keep an eye on them.

As to PIP please apply these is now so much help and advice for this. Don't do it on your own unless you know what you are doing as they can tie you up in knots. They have a really good benefits advice and support on here. Also as another person said Fightback4 justice is a good service to get justice for your unfair dismissal.

In regards to your mum if she was pension age you wouldn't have been able to apply for PIP. Attendance allowance is what you apply for and the criteria is high so again you have to word things in the right way and get help. Age UK are good for this.

Please don't give up you so deserve to be treated right. Sending much love and hugs to you.

Lily x

Tina56 profile image
Tina56 in reply to Lillylilac

Thank you 😘

Gooddaysagain profile image
Gooddaysagain

I am not sure if it will help but have a look at DWPs "Accidents: Industrial injuries claim form".I hope your world improves soon.

Dee

Tina56 profile image
Tina56 in reply to Gooddaysagain

Thank you 😘

Elifant profile image
Elifant

the same thing happened to me last September! Schools are not good at taking care of staff. There are lots of initiatives to help children’s health and well-being but nothing to support staff.

I worked there for 23 years and I got 5 mins of the head’s time with a few staff to say goodbye. Most people didn’t even know it was happening.

I still feel upset about not being with the kids anymore but I am so glad not to be there anymore. The financial situation was very stressful but I applied for PiP and ESA and can just about get by. Thankfully my mortgage had just finished so I don’t have to worry about a roof over my head.

I applied for ill health retirement but was turned down because there is no evidence to say that O won’t be able to go back to teaching before retirement age! I cannot imagine the fibromyalgia will be gone any time soon!

Apply for PiP and ESA whilst you decide if you want to continue working. I hope things work out well for you. I am so grateful not be in the profession anymore. Teaching is a very tough job!

Tina56 profile image
Tina56 in reply to Elifant

Thank you so much and I know how you were feeling I have been told that I can go in to collect my things and say goodbye but at this moment it is very hard for me.

Jint71 profile image
Jint71

I’d look at a personal injury claim through your union, also you should have been finished on ill health with a package for years served etc. I’d ask your union representative about that too. I’d also look at claiming industrial injuries disablement benefit and pip. You may also be entitled to carers allowance for help caring for yourself. I’d really stress getting some advice through the union though as I don’t think official procedures have been followed from what you have said. Hope things sort themselves out and you are duly compensated, good luck

Midori profile image
Midori in reply to Jint71

Enquire about a Medical Retirement too. I think this would have been better than straightforward Termination under the circumstances. Try ACAS and Your Teacher's Union as well.

Cheers, Midori

luckylou52 profile image
luckylou52

Hi I'm so sorry to hear about this. When you had your accident at work did you ever make a claim for the injury? If you are with a union (may I ask which one) they might have helped when claiming. Depending on your answer to this I may have more advice for you but don't want to say anything until you reply. This is typical of a lot of places these days I'm sorry to say.

Tina56 profile image
Tina56 in reply to luckylou52

I am with Unison, I spoke to the solicitors and they want to know what caused me to fall a hole on the ground as they have to be clear, bearing in mind this was in February 2nd at 9am looking for a child outside the school office near the cars ended up near the signpost hurt my back and fell on.left side I only found out I had several knee fractures after I returned to work in April awas walking and the pain and swelling was getting worse, work never believed me a d even now they are not mentioning the accident.

Midori profile image
Midori in reply to Tina56

As an accident on school property, there should have been entries made in the Accident Book, for insurance purposes, at least.

I get an odd feeling that the school may be trying to pull a fast one on you. Contact Your Union and ACAS, as a matter of urgency!

Cheers, Midori

Amie1979 profile image
Amie1979

Hi Tina,

My first thought when reading your post was that did they make reasonable adjustments before ceasing your employment? You are classed as disabled by virtue of fybromyalgia so if they didn’t make reasonable adjustments to help you stay in work they would be in breach of disabled rights. And therefore you can make a claim of unfair dismissal and disability discrimination. Which if a tribunal agreed they had discriminated by not making reasonable adjustments first there is no financial cap on a claim for disability discrimination so potentially you can be awarded far more than an accident at work claim. Are you entitled to legal aid? It’s worth finding out and seeking advice from a solicitor.

Hope that may be of some help.

Tina56 profile image
Tina56 in reply to Amie1979

Thank you Amie I'm with Unison they have solicitors but they keep asking me how it happened, this was in February asking if there was a hole on the path and without knowing this they can not go further, I just have had enough and too top it off my head teacher sent me my letter informing me of my termination and has put no mention of my accident on it.

I'm just so angry and shocked I can not even reply to it. So much stress this has caused me I'm already suffering with pain severe depression,

Thank you for all the support😢

Cotswolds25121 profile image
Cotswolds25121 in reply to Tina56

Such disgraceful actions and behaviour by the employee. I hope you have had some better news now 🥰🥰

Tina56 profile image
Tina56 in reply to Cotswolds25121

No the Union solicitors say they can not go for a Personal accident claim as we can not prove how I fell so yes just had enough.

Cotswolds25121 profile image
Cotswolds25121 in reply to Tina56

I am really saddened to hear that 😞I do wonder about unions sometimes as when my company was threatened with closure they didn’t seem to do an awful lot to help protect us. I left unison as I was so disillusioned by them. But rejoined as I was frightened of having no protection at all. I can only imagine how you must be feeling and why you have had enough x

Elaine200756 profile image
Elaine200756

🤗

happytulip profile image
happytulip

Your mother would not be awarded PIP because she is 81, over the age of retirement. But she could be elidgable for attendance allowance. Check the gov.uk site for the criteria.

As I think your termination sounds very unlawful. I would urge you to seek legal advice through your union.

Tina56 profile image
Tina56 in reply to happytulip

I done that they say speak to Employment lawyer

happytulip profile image
happytulip in reply to Tina56

Well then that is what you need to do.

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