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I am new to this is my first post 63 year old guy

kenroo profile image
5 Replies

Been on E S A since March had fibro for about 10 years my employer wants to see me in her office or at my home, I dont want to see her (long story) she has already been in touch with my Doctor can i refuse her request?? I dont think she understands the illness and thinking about this is making me nervous already.

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kenroo profile image
kenroo
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5 Replies
Dinkie profile image
Dinkie

If you deny her a meeting then you leave yourself open to dismissal as it could be seen as failing to cooperate. Do you have a union rep or someone who could attend the meeting with you. You do have a right to know what the meeting is about in advance. Does she just wish to talk about an occupational health assessment, have you had one? This would be the first course of action to enable your employers to put reasonable adjustments in place to enable you to return to work or stay in work.

There are procedures they need to go through otherwise they can leave themselves open to claims for constructive/unfair dismissal etc. You are protected under the Equality Act 2010.

I would suggest you seek advice from CAB or ACAS or an employment specialist if you are worried.

happytulip profile image
happytulip

Are you a member of a union? I'd get advice from a union rep.

All good advice has been given and I would add - if you don’t have a union rep you have the right to take anyone you choose as your rep. This isn’t just to help ensure fairness it is also to help you and to be an extra pair of ears so you are less likely to miss or forget an important detail. You should also be entitled to short breaks during the meeting to gather yourself and discuss any points with your chosen rep. Hope it goes well for you

R-OD profile image
R-OD

Hi if you haven’t had an Occupational Health Assessment I would ask for one as part of the report they provided further reading in the form of links to website so your employer can do some research to better understand your condition. If she doesn’t understand then she discriminating against you and you are protected in law. I am going through something similar but luckily I have a good union rep, hope everything works out ok. If your paying into a pension you may be able to access this early if you can no longer work. Take care

Sugarhobbit profile image
Sugarhobbit

I am guessing that you are on sick leave if you are receiving ESA? If so your employer should be supporting you through the sickness policy. In the NHS where I have just been medically retired. I had to be supported through the sickness policy and that comes with meetings with your manager for stage one informal. I had already got Intouch and was allocated a union rep to support me through stage two and finally stage 3. Their main aim is to look at ways of being able to try and keep you at work looking at reasonable adjustments that may help you to be able to do this after being referred to occupational health for assessment and support. Not sure what job you do or your works sickness policy. It is a legal process and you potentially have your contract terminated if you fail to follow the procedure but I am unsure. Please seek advice and familiarise yourself with your local work sickness policy. Good luck

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