Am I right to feel upset at this....

After being full time mon-fri I was told by hospital doctor what happens to my brain when I am stressed out. I totally understood and went on her decision of going 4 days until all my endocrinology tests where done to decide on what they can help me with. The results being about 3 different things. I am doing 2 days on, one off, 2 days on then the weekend. It helps me cope with the really bad days, although I am learning how to just excuse myself from that room. Anyway, work had asked if I wanted to do 4 days permanent and I said not really but I want to wait and get the decision on what's to happen from consultant and what he says about days working. They said OK. Then said they would be OK with me doing 4 days but I would be "demoted". Why?... its easily been given to me by 2 other people that it's discrimination and I could take it further. All because I had an accident, why????

[Leaf100]

Hi Sshhh

Your best bet is to see your union if you belong to one, and also check with whatever human rights office you may have, and/ or an employment lawyer who understands brain I jury.

Remember HR is never anyone's friend, they are there to look after the company's bottom line and this includes keeping operating costs down.

They may or may not have the right to 'demote' you if you are not working a certain amount of hours or if they have changed your job to accommodate your medical situation.

You need to consult with the big guns to get the real info.

You can also call Headway as they would know who you should talk to.

Get on this one quickly.

Leaf

[Hidden in reply to Leaf100]

Hi, thanks. It's not HR who has suggested the 'demotion" it's my manager as the person who was meant to start working 4 days a week has changed her mind and said she don't want the job. So I would replace her and then they would advertise my full time job to replace me. So it's their best interest that I'm being " demoted". It's dropping a band level where I work. I am with unison and a couple of friends at work said they would tell my work they demote me then they have to replace them, which they would never have to do. My work colleagues husband works for DWP and he said they can't demote me as it isn't human rights and definitely being discriminated. We will see what they think as I said I would go back full time if consultant endocrinologist said it's fine or if 4 days is better for my health then that comes first. I would have to wait and hear what he says. Otherwise I would look for a new job. We see what happens, but thanknyou for your reply. Hope you ate well. 🙂.

[Leaf100 in reply to Hidden]

Still speak with the people I mentioned.

Why? Because you will be clear what your rights are.

Knowing that, you can confidently say to your manager or HR, 'you are likely unaware of this, but what you are suggesting won't fly, because blah blah'

If they know you know, that can make a difference. Or, your union may say 'this is how you handle this'

For example, there was a case where I worked where a person was on medical leave and the money used to fund their position was taken and used to fund a new position- not a temporary replacement of them , but a new position. A person was hired to fill that new position. Where I live you legally can not fire someone on medical leave. The point here is that HR approved the new position, and they really ought not have.

Trust me, you don't want to have to cope with trying to learn a new job at this time.

The other thing you do not realize is legally your current employer and any insurance you have is legally obligated to assist you in certain ways because this health condition started while you were working there. If you change employers, it is a pre existing condition and they have much less obligations.

You do not have all the facts at hand, and you need to be very well informed and smart right how- and brain injury really means a person is not very aware of many things - it comes with the territory. So... do not assume anything, be very careful.

[skydivesurvivor]

I tried to go back to work to give me something to do after working all my adult life. Was given 8 hours to do an easy part of my old job whilst awaiting a hearing on long term incapacity. Was useless!! Needed 8 points at my appeal. Was awarded 13!! Takes many years to adjust to the new you!! U have the option to redeveloped YOU, she’d the worst bits & polish the better qualities!! Who else gets this option?!! Good luck , will be trying times ahead but at least u have the option! Good luck, use this site to vent u frustrations please. We understand the challenge’s because. Have been there!!

[Hidden]

Thank you. I don't think some people get me but the way I see it is, it's their problem not mine 😆. Wrong maybe, but I need to do what I want and not give in to others to make their life at work happier.

[Painting-girl]

Tread carefully S, I'm not totally sure how the disability legislation fits in with this, but unfortunately if you are not fit enough to do your own job, then it is legal for your company to dismiss you. I think that disability law means that they have to make reasonable accommodations for you (someone else here can probably confirm.)

These things are a huge shock to deal with on top of everything else you've had to deal with over the last year, and ( to your credit) you seem to have gone back to work really quickly considering the severity of your injuries, but you have taken on a lot.

What would be the effect of the demotion - a lower rate of pay and loss of seniority? Will it affect your pension rights too? Is your own health more important though?

Really worrying time for you, I'm sorry x

[Hidden in reply to Painting-girl]

I'm not being dismissed, I'm not unable to do my job, it's what I do for a job and how the people who also work there are on same page of people being employed unable to do this job and what stress they are causing g EVERYONE not just me. Yes my health is more important and yes rate of pay drops alot, I'm not senior I am one behind senior and I would become some " new to the job". So without being sounding as if I'm nasty I disagree with you on is the rate of pay and seniority making me sound as if I'm smdisabl3d. It's not it's me having to go to what they WANT and NEED to cover whats missing in their place of work, all because I'm doing what my phased return and consultant says.

Maybe I shouldn't have posted anything to rant about if people think I am disabled of what happened I'm not disabled. I may have SIADH or Cerbreal sale wasting syndrome, drip onto a coma or have a seizure if my sodium levels drop because its so stressful at work. That's not being disabled. That's finding out if I'm on medication to help myself cope and stop going into a coma again. Sorry for sounding rash.

[Painting-girl in reply to Hidden]

Hello Sshhh - sorry you misunderstood me. In this context having had a brain injury means that we have some extra employment protections under the Equalities Act because brain injury was included under equality legislation as a disability in itself.Here's a Headway page that you might find helpful

headway.org.uk/about-brain-...

But may it also help to ring the Headway helpline ( in office hours) because they are very understanding and helpful.

[Letsrock]

Hi Shhh, am with you as it is discrimination. I am going through the same just now. They are not doing any tests on me and have diagnoised me with functional neurological disorder? GP says I can't go back as they are nasty people as I was attacked, which made my brain injury worse. I can't take stress now and gp did fit note, only work1 day then 2 days next week soo... work OH decided 3 days week one then 4 days week 2 and no supervision of staff. Work have now said I can't get my job back as they need supervisor . My union started fighting them and I walked out as can't handle arguments/stress now. Work says no adj can be made and union is saying medical exemption meaning they have to place me in job with no supervisor role at the same pay. Option 2 is make claim to tribunal for disability discrimination. They are so unhelpful considering work made my condition worse in January.

We have enough stress just getting our helath back and back into society. Stay strong even though we don't have the strength to fight.

SMILE!! And I pray for you. Xx

[Hidden in reply to Letsrock]

Thank you Letsrock! Thats exactly what happened with my phased return and OH too. Then I went back to 5 days a week but the staffing in some of the rooms is shocking, they can't cope and make everyone's day a lot more stressful amd harder. Luckily they are moving people involved and I am hoping tomorrow is a better day for me. If the accident had involved themselves they would maybe understand how difficult it can be at times beyond our control with stress and arguments with other people, coping with changes in life. Thank you for being so understanding I appreciate your reply. 🤗 x

[Writeronstack]

Please talk to Headway, S - yes, it is discrimination, and no it isn't - if you are not working to full capacity, and in particular, if what you do cannot be done in a timely manner with any reliability.

I have had to cut down - I work for myself - and some of what I do, I have had to farm out, because there is not much flexibility on timescales. If I do it wrong, lots of people are affected, and they have the right to have this done by someone whose headache doesn't come back after a longer than usual day. If you work for a regulated industry, and there is a TBI in the equation, there is precedent for this kind of thing. Your manager would have taken advice.

Good luck. And talk to Headway, please. They will have the most experience in this area.

[Hidden]

My manager didn't talk to anyone it was her opinion on demoting me. So for eg, there are 3 coloured tshirts in every room. Turquoise blue being lowest, red being middle and royal blue top. I'm red. I have been since before accident and they are short on turquoise tshirts and can't get anyone from any interviews, so that's why they want me to cover one of them instead of doing my own job but would get anyone else on an interview to do mine. Even though they might have anxiety or any health problems they can replace me. So as I feel why do I have to be demoted when I do actually more than anyone in this room in my job title. Maybe just me. Thanks though for your reply.

[Letsrock]

That is it S even with shorter hours and brain capacity we still do more work than tge gossips. Xx