Update on current situa

[Cat-2]

Hi All

I haven't posted for a while but those of you who have been following me will know that I've been off work since 20th December due to knee pain.

I've had a MRI Scan on knee and my GP said when I saw him last week that the scan wasn't showing any problems. GP told just to rest & in time it will get better. Resting is all that I've been doing since I've been off. Still struggling to walk, too far makes the pain worse. Standing still for a long time makes the pain worse. Sitting in an upright position makes the pain worse.

I get a phone call from work last week asking my ability to do the job & when I will be returning. Then I get letter from work today wanting me to go to a welfare meeting next week. I'm scared because I think they'll pressurize me into returning to work before I'm ready and will keep asking about my ability to the job also for that time I will be sitting in a upright position in pain.

Hoping to see my GP either Monday or Tuesday to see about a referral to a Orthopaedic doctor

[woodstar1]

Hi, just a quick response, before you go to any meeting with no representation please look at and consider joining a union. They will be knowledgeable about the 2010 disability act and advice you accordingly and speak up for you and really let you know your rights. Hope things go well.

[Cat-2 in reply to woodstar1]

Thankyou for your reply woodstar1.

[PFKAAde]

Hi Cat-2

Sorry I don't know any of your history but if it were me dealing with work (which it has been for lots of reasons lots of times) I would make sure that I told them how much I was currently being affected by my health issues, and explain that as far as I knew it would hopefully be better soon (can't say when exactly) and I should be able to continue in my current job. Also that I was only giving my opinion, was not a doctor but that was what I believed.

If they need a medical prognosis then they need to contact your medical team and ask them for a report (all of which requires your explicit permission and takes a little time - particularly if you request to see the report before it is sent to the company, which is your right by law).

My own experience of the medical report bit is that your medical team usually CBA and ask you what you want them to say. The answer to that question would depend on your job, the company, the likelihood of you not being able to do your job again, the likelihood of them having an alternative position for you etc etc.

They can not, by (UK) law, pressure you into returning if you are not medically capable of doing your job.

Keep records of ALL communication, including phone calls - a recording is best but at least time / date / person spoken to / what was said).

Bear in mind you have the disability act on your side.

If you are in a union or otherwise have access to employment law advice, use them / it. That's what subs are for.

Good luck.

[Cat-2]

Hi FKAAde

Thankyou for your reply,

My job role would normally be a cook. I've already told the manager last week that I want to return to work when my knee is better.

I've joined Unison yesterday but can't help at all but maybe able to give advice once I've received my membership pack.

Work has already received a GP's report.

I live in the UK in Norfolk & don't know any other union's but was thinking about going to Citizens Advice Bureau.

[PFKAAde in reply to Cat-2]

The CAB are an excellent source of information with regards employment law. Both of my in-laws have been advisors in the past and a large percentage of their work involved just that (along with benefits claims).

I would advise contacting them sooner rather than later as they are having some major (under) funding problems at present - different areas vary but in some areas it can take some time to get an appointment.

Unison should also be able to help (that's what they are there for after all) and I would certainly be contacting them to ask if there is anything they can do. One thing a union can do (and you also have a right to) is join you when you have meetings with HR etc. That way you can be certain that the records of any meetings actually reflect what was said (and IME that isn't always a given).

Ade

[Cat-2 in reply to PFKAAde]

Hi Ade

Thanks again for advice. I have been in touch with CAB helpline & going to my local one on Monday with all my paperwork.

Karen x

[PFKAAde in reply to Cat-2]

Hi Karen

No worries, I hope they can help you out.

All the best.

Ade