So here is some backstory so you know what's going on. I worked as a cashier in Tesco for 2 years and then I was diagnosed with RD in my hands, knees, ankles and feet. This meant I could no longer do my job, I couldn't lift the heavy items across the scanner and I couldn't stand for 4 hour shifts on self scan. I am technically still employed by them, but can't do the job.
I have been declared unfit for work by both ESA and PIP and thought this would end all the stress of going backwards and forwards to Tesco for meetings. Apparently not! They have said that these are independent bodies and their opinions don't matter.
They have now basically said that I will not be dismissed for ill health, my health will not even be taken into consideration and they are trying to push me to either be dismissed for gross misconduct of not fulfilling my terms and conditions of my contract or resign myself.
Is it just me, or does this seem unfair that I only can't work because of my illness and they're not taking it into account. Are they just trying to make me resign so they don't have to fire a sick person?
Sorry for long post, it's been a trying week.
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sounds very much like discrimination. I think you need to take more expert advice on this. Do you belong to a union at all? You may be able to get help from ACAS:
0300 123 1100 Mon Fri 8am - 8pm
The Equality Advisory Support Service may also be able to help as they give advice regarding discrimination in the workplace:
Whatever you do, don't resign. You definitely need to get advice as it certainly sounds like disability discrimination. If you get called into any meetings with them make sure you take somebody with you.
Do not resign. You need to seek legal advice and possibility Human rights violations, you are being discriminated against, they are trying to road-block you into quitting. I hate when I read these kind of issues, many are very ignorant of what RA is. Who is saying this, supervisor?, HR? or corporate?
If its supervisor or HR, then go above them. If its corporate then get a lawyer asap before you have an accident at work and become even more disabled trying to perform a job already deemed unsuitable for you.
As mentioned, if you have a union seek legal advice form the union lawyer, there is one whether you are aware or not, talk to your union rep.
My manager and HR are saying it. They are basically now saying they don't believe I am actually disabled as I have bad days and good days, it's not always bad.
It gets so exhausting going to a meeting every 2 weeks to say what you told them last time because your medication hasn't started to work yet or you're waiting to see your consultant. I've nearly had enough, but will continue to fight on.
I would go directly to Human Resources, they know the law a lot better than supervisor or managers. They will likely want medical proof from your doctor. I would let HR know what your supervisor and manager have told you. Good luck!
The funny part is, they have had all my medical proof. All my hospital appointments, a copy of my medication, the report from ESA and PIP. They don't want to take notice of any of it, because they are not part of Tesco and are independent. They won't believe it until one of their Occupational Health team confirm it.
Do not resign. Listen to Beverley and/or phone your elected government official for advice. It is illegal to dismiss you..The person who said that PIP & ESA "are independent bodies and their opinions don't matter" is an idiot who is lying to you. Please don't trust this fool.... PIP & ESA , is run by your government.... soooo government over rules your employer. Hold your head up high and seek advise from your elected government official. Also get a disability advocate. I don't live in the UK, but if this isn't the right link, then they will help you find what you need.
I don't live in the UK, but I am confident that you have an elected parliment official ( as I do in Canada) . Your elected government official is there to help you. It's their job. This member of parliments job is to make your employer follow the laws of your country.
All the best to you. Please don't allow a fool of a boss to advise you. You deserve better and you deserve to be respected.
Do not resign!! They are legally required to consider reasonable adjustments which can include trying an alternative post within their company, trying non shift work hours etc. Citizen Advice may also be able to help you. Always have a third person with you taking notes at any meetings and keep any letters or email exchanges. Record anything said on the phone or in person by writing it down on a polite and factual email or letter (keep a copy) to the person thanking them for taking the time to talk to you on suchandsuch day, at stated time in stated location, about the situation/issue quoting what they said word for word and letting them know that you are considering their ideas/thought - don't be defensive, argumentative or commit yourself to any course of action. The purpose of the email or letter is solely to get a record of what was said and to quietly let the other person know that the record is there (they would have to actively deny having said anything in a tribunal which will be very hard for them to do if you have a record of time, place, any witnesses present and an unchallenged letter/email). Keep all your evidence together (included printed off emails) and give copies to union or other representatives so that you don't loose the original evidence.
Hi there I used to work for tesco's doing same job as you in 2011 I fell and broke my hip , then was diagnosed with RA , I had so many meeting back and forth to tesco it felt like they were trying every way to get me out, I was lucky enough to be in the age bracket where I could take a lump sum of my pension and get a monthly amount into bank from there onwards ,I got so sick of the meetings going over the same things over and over again, and being told there wasn't another job I could do in the company,That I suppose gave in , mind you best decision I made . I don't know how old you are but I would get a union rep to help you, hope all goes well for you , good luck
The stress of the meetings is adding to my health I'm sure. They won't give me a lump sum payment for retirement because I'm only 28, also say they won't dismiss me for ill health because that would mean I would never work again. I'm not asking to never work for anywhere again, I just don't think I can possibly work for them again, as like you, they say there are no roles for me in the company.
The stress was the main factor of my decision to leave it was making me so I'll , the medical people say avoid stress, not so easy when your constantly having meetings with people who don't or won't understand what your going through, a tip I use for desires sing and reducing the inflammation , I make a bath bomb of a cup of porridge oats and a few drops of lavender oil, I use one of those knee length stockings,lol put the oats in and use a sandwich bag tie. Leave it in bath , bath will be cloudy but it works wonders on the inflammation, and lavender helps destress, I do this every day
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