job is on the line as bosses trying to push me away by making life harder for me, is there somthing i can do to protect myself?

i work as a chef doing 7 strait 10 hr days followed by 2 weeks of day on day off at 13.5 hrs a day. and all the time im on my feet and at 25 i have varcose veins and crippling leg cramps that dont let off. they know i have ra and pretend to care but give me immpossible jobs and make me work my ass off on good days then make me feel guity if im off sick dew too bad days, they call it playing the cripple card. and im loosing face and giving up. i need to know if i can get benefit help even tho i can walk, and were i stand legally agaist a big company? thankyou.

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  • I would take legal advice if i was you. They can't treat you like that,look at the disability act and get a copy of it and read it carefully. If you walk i don't think you can claim,but if they finish you due to your health then you can claim jobseekers allowance,also you should be able to claim unfair dismissal. As i said at the start of this get legal advice. Hope this is of some help to you. sylvi.

  • Hi Jimmy

    Sorry your employer is being a pain in the ass most of them are when it comes to disability awareness.

    First off, if it's a big company is there an occ health department, if so ask your line manager for a referral to see what help and support they can offer, if you can't speak to your line manager you must go above his head. You also need to speak to an HR manager and let them know what's happening, especially as they are referring to 'Cripple Card' which is an absolute disgrace that, that language is being used within any workplace.

    The benefits system is quite complicated these days so for that reason I'd advise you to go to your local CAB and ask them to do a benefits assessment. I've added a link to a benefit calculator which will help you decide which benefits you may be entitled too.

    If you decide to leave work, you can claim ESA (Employment Support Allowance) you get paid the assessment rate (approx £67) for the first 13 weeks then you'll be called in for a medical, depending on the outcome of the medical they'll decide which group to put you in (work related activity or support group).

    Once assessed the benefit will go up to approx £100, but be warned if your placed in the WRAG and awarded contributions based ESA it's only payable for a year then your partner (if you have one) will be expected to support you. Or if single you can claim income related which is means tested. If placed in the support group benefit will continue for as long as your entitled to be in this group.

    There's also, DLA which has a care and mobility component which you may qualify for. Again if you claim this you'd definitely need the support of CAB to help with form filling.

    I hope I've made sense and check out the link to a benefit calculator, at the very least it will give you an idea of what help/support you may be entitled to. And, make sure you speak to HR about what has been going on, it's against the law for them to speak to a member of staff in such a derogatory manor.

    direct.gov.uk/en/diol1/doit...

    Good luck, I do hope things get better for you.

    Beth x

  • Hi there

    Do check out our workwise area on the NRAS website - there's lots of information and a DVD clip from an employment lawyer with good advice. We have two booklets also one for the employee and one you can give your employer which spells out what they need to do to assist you. It should, for example, be easy for them to provide you with a high stool so that you can sit down to do some of your routine activities in the kitchen. The Disability Discrimination Act became the Equality Act last year. Hope this helps, but do contact our helpline if you need more information or support.

    BW

    Ailsa

  • Hi Jimmy

    I know how you feel. All the above advice is recommended. Also there is the Access to Work support from the DWP. It helps with equipment and support in the workplace.(look on Dircect Gov.com) I can honestly say that I had fantastic assessments from their occupational therapist on 2 occasions, its a shame my admin officer was slow to react though. It felt as if I had to fight for everything that had already been agreed by DWP. Please you must not put up with this bullying and get help.There is alot of help out there if only you take the time and courage.

    We are all with you on here. Good luck and keep in touch. Asa's mum xx

  • thankyou to every 1 im taking the advice in hand having to get docs notes to show them that im not lying and telling porkies, but having to do that everytime i get a flare up is a pain in the ass and i think the doc would get annoyed as well, dont get me wroung its usually a full blown flare up where i cant lift my arms or stand. but thankyou again and ill get cracking.

  • I know what it's like to have an employer who makes out they care, but then their actions don't back this up. After my last big flare up I received a written warning because I'd had "too many absences in the last 12 months", and then to really rub salt into the wound they added that I could have avoided that had I "waited another 4 days before being ill"! They keep stating company policy, etc - but in the past they said that they know that they wouldn't be able to take any action when company policy means that they should consider sacking me due to my number of absences. However, a friend suggested that I would already have a good case for indirect discrimination, which I am now looking into.

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