Living with SLE for nearly 20years and now 36, I have been dismissed yet again by an employer on the grounds of ill health. The job was working as a care worker, I was injured in work whilst lifting and the job became too manual for me given the physical nature to continue in my present role.
I have challenged the decision formally through the appeal hearing process and am now patiently awaiting their final verdict!
I made my employer fully aware of my disability on my application form, I ticked the box to say I had a disability and stated SLE (Lupus) under control with medication, but I don't feel I was ever really taken seriously, i.e.being asked to constantly confirm my list of medication, the long-term side effects and other treatment during welfare meetings which would then be constantly cross-checked against the GP's report.
The independent appeal panel have now come to their own conclusion that I do have a disability, no 'reasonable adjustments' were considered whatsoever other than what I consider to be a token gesture made in the meeting 10 minutes prior to dismissing me, this was for an admin post dependent on relevant skill for which I have 12 years experience; this was then very cruelly snatched away from me as I am unable to work full-time as stated in the GP's report due to the fatigue which I was told was deemed necessary for the post due to the business needs of the company. I challenged a job-share but was informed that there is no way this job could be carried out on a job-share basis, it has now been filled.
I am waiting to hear if I will be reinstated, I am remaining positive and feel I'm in a good place whatever the outcome. I have received excellent advice from the Citizens Advice Bureau, thank goodnesss for the little piece of legislation in the Equality Act called 'a reasonable adjustment' which is there to protect everyone living with Lupus and other disabling conditions affecting our ability to carry out day to day activities but trying our very best to get on with life!
Written by
loopylady
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I recently resigned from my job because I had had enough of the treatment they gave me due to my 'illness'. They wouldn't accommodate a job share when I asked to go part time. They insisted I take time off sick even when I felt that I was well enough to be at work, and then when I was at work they expected me to work horrendously long hours and travel all over the country. Unlike you, I just didn't have the strength to fight, and just walked away.
I start a new job on Monday on a part time basis. They haven't asked me any questions about my health and I haven't offered them any information. I hope to remain well and that it doesn't get in the way.
Good luck with your appeal - and well done again for sticking up for yourself. I wish I could have had your courage and strength, but I knew that I would have cracked up. I admire you.
Hi Lupylass, thanks for your comments. I wish you the best of luck in your new job on Monday Never forget your rights, we will be mistreated as very few people other than other sufferers and close family and friends understand the illness but do not allow employers to get away with it!
I have had a phonecall this afternoon informing me that they are upholding their dismissal decision and I therefore informed them that I was fully aware of my rights under disability discrimination and the legislation under the Equality Act and their huge failure in considering to make any reasonable adjustment whatsoever. I reminded them that informing me of an admin job 10mins before dismissing me and taking the offer away on the grounds that I am unable to do a full-time job because of my disability is unlawful!
Hi Lupylady, Wow! Good for you to be fighting for your rights! This is definately discrimination and they should certainly have tried to make some reasonable adjustments to enable you to carry out your job.
I am currently going through the early stages of what you have been through. I work as a part time teaching assistant and making reasonable adjustments is quite difficult but they have certainly tried.
I have been told by my union that all the time off I have that is connected with lupus, should be listed separately. By doing this they cannot moan at me about the amount of time off sick I have - well hopefully! They have certainly been doing a lot of moaning!
I do wish you loads of luck to pursue your claim. Keep us posted with any developments. Be strong hun!!!
So sad we have to be constantly worrying about jobs. I worked for B & Q for ten years gave them everything I had ( it was in the offices). I only went off sick when I absolutely had to, I would go in after not having any sleep Due to pain and fatique looking back I really don' t how I did it. I had three children to look after on my own and didn't want to accept help. In the end I was told I was having far too much time off they counted it in hours. When my daughter at 15 became really ill with meningitis I took time off asking for holiday to look after her they agreed but on my return they said they never said that and I had to take it unpaid. I should have complained but I didn't felt at that point I couldn't give anymore so looked for another job, which I got with hours that were perfect late starting and only three days a week. Within 4mths I became so I'll I couldn't work again, really felt the stress of working for these unsympathetic company's made me I'll along with the stress of my daughter. I now don't work not for 12years. It is the only way I can deal with my illness. Please fight if you can but not to the point you become I'll. Good luck to you all.
Loopylady - that's a blow that they are standing their ground. But good on you for also standing your ground. I'm full of admiration and wish I had your strength and courage. I look forward to hearing of your success!
Yols-Thank you, I explained in my appeal that my 3 absences in two years were seperate instances, the first being work-related injury, the second from a v.nasty urine infection taking 3 courses of antibiotics and the 3rd from being begged to work over and above my contracted 16hrs i.e.one week = 42hrs to cover abscence because they were phoning me in desperation; unfortunately and most probably to my detriment! I will most certainly keep you posted. LOLLX
Lupylass- you too will gain strength and courage, this has come from being dismissed by 4 out of 6 employers in 20years, two unfortunately were whilst on temporary contract. The other, I filed a case when 21 about 15years ago when dismissed because I went to hospital and they settled before it got to tribunal. Remember your rights and I am sending you my strength and courage in abundance, LOLLXX
Well done for standing up for yourselves, i too am a fiesty one! I cannot beleive the disgusting way that people with genuine long term illness are treated, usually by employers who's very business is to care for people or look after patients. Shouldn't they know better? I am an NHS worker but luckily we have an Occupational Health department who are good and will fight for my rights under the disability act should i need it. Human Resources have no idea as they just sit in their offices with abscence figures in front of them, it's all very well for them to dish out a warning but i would fight them tooth and nail if they even tried to punish me for being off sick. No i am not one of those who just fancies a day off HR! Good luck with tribunal, new jobs and all. We have as much right as anyone else to work, especially as there are no benefits to claim if we are out of work. If there is a Union you can join i'd say do so as they can help fight your corner.
I have a great guy from C.A.B who is a trainee solicitor and specialising in employment law, he knows his stuff and I'm more than happy to let him loose on the case My employers strapline is 'Supporting people with learning and physical disabilities in the community'!!!
I have so much scope to go on here, direct, indirect and the failure to make reasonable adjustments. That is the unfortunate thing, with my HR dept being 200miles away, they really did not have any idea whatsoever. Is it too much to ask that I be supported???!
You guys rock, all of you shows we want to work but the systems/ laws dont make it easy.
Ive lost 3 jobs to lupus etc. and i recently went through being sent to jobseekers after failing my medical assesment( im appeallling), after wainting a month to see a disability employment adviser id been signed off sick for 13 week(from stress looking for a job while cant even look after myself, much to my horror) i know this putting off the ieveratble but i dont know what to do. I have looked at retraing but to what I am dyslexsic and i twich all over and i pick up infections like you wont believe soim sorry to say but in jest i talked to my husband about a sex phone line, and no its not going to happen i think i would only consider as the last and i mean last resort. But we bought our house on 2 wages and everything is going up, we are even considering downsizing but it all costs money and we have adapted the house to siut me.
Sometimes it's good to get things off your chest with people that understand. Try and keep positive, I know myself how hard this can be when dealing with chronic pain and fatigue and other symtoms associated but on good days think about what you do have, i.e supportive husband, home. Don't forget that if you are unable to work because you are too ill, the benefit(!!!)system is also there to support us so yes, appeal ,appeal, appeal. Stay strong, lots of Lupus love xxx
I was a carer then a care manager I walked out of my job coz the stress kicked off my lupus I am suprised u injured yourself through lifiting coz u shouldn't have been!! Anyway even if u didn't have that injury I don't think they would have been able to dismiss u coz thats unfair dissmissal and they also cant force u out of work ie make u feel so guilty that u resign. U have rights and they don't have a leg to stand on it is a long process coz any floor that they find they will have u on it but hopefully they won't soo good luck xxx
Just waiting for a date for the ET now, I have put forward a case for Unfair Dismissal and Disability Discrimination under the Equality Act as they offered what they deemed a reasonable adjustment 10 minutes before dismissing me then pulled it away on the grounds that I cannot work full-time as clearly stated in the GP report. Will keep you posted on how I go........ :~)))
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Never forget your rights, we will be mistreated as very few people other than other sufferers and close family and friends understand the illness but do not allow employers to get away with it!
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