Might be losing my job after a visit from Occ. Health

[Kallanor]

Hi all, two weeks ago I had to be assessed at work by Occupational health, a routine yearly check up my company performs. However, she picked up on my diabetes and the fact that I have recently had to have an injection into my thumb joint for 'trigger finger' . I use hand tools for several hours a day and she told me that it is causing damage to my hands and would advise the company to take me off this job and relocate me. Guess what....I found out yesterday there is someone replacing me next Monday, boss doesn`t know I am aware of this, had a chat with my manager and he says he doesn`t have any suitable work for me and will let me know if he is going to lay me off when I return from holiday in a fortnight. Seems a bit unfair that my hand was damaged at work but now it has been flagged up he seems to want me out asap. Any ideas how to proceed from here if I am laid off ? Not got a clue what to do next, hopefully he may find something for me while I`m away, but if I am laid off for this does that mean I`m unfit for work? I keep my diabetes under control with meds and diet and have recently started injecting with Exenatide so no problems there and I declare it to any employers when applying for a job.
Kal

 

[badcat]

Are you in a union? If not I'd think about joining
How long have you worked for the company.? Over 2 years and you have some employment rights including right to redundancy pay etc - a union or law centre would be able to advise you about this and the disability discrimination Side of things ( diabetes being classed as a disability can have its uses!)

 

[carty]

If you have no job after your holiday go to your nearest citizens advice bureau .some times you can get a short appointment with a solicitor through them CAROL

 

[mbudzi]

I'm not a medical expert but do some office work with an Occ Health company doing health surveillance so can provide the following info to look at:

If you regularly use vibrating machines, your company is under an obligation (Control of Vibration at Work Regs 2005). http://www.hse.gov.uk/vibration/hav/yourhands.htm - this link takes you to HSE site for workers.

If they haven't followed the correct surveillance that should have identified and prevented this damage to your hand previously, they may be liable for your inability to continue to work. Getting some background information on this and going in knowing what they are responsible for just might make them find alternative employment. And if not, it may be worth seeing what injury lawyers advise (but a job would be better!)

Hope the info gives you something to work with - but as I say, I'm not an expert.

 

[Andy Crampton]

Hi
You should seek advice from employment law adviser, possibly at a law centre most are free of charge. It seems that they could be in breech of disability discrimination act

 

[dawnmc]

Are you sure the job caused your trigger finger? Were you able to carry out your job as usual before you had the injection?
I had trigger finger but it wasn't caused by any work I do, its just 'one of those things'. I would think they would have to prove that you weren't capable of doing your job. Good luck.

 

[Kallanor]

Still awaiting Occupational Health report, assessor visited work today, no one conferred with me despite my having to reschedule a hospital appointment so that I was available. My hands were fine until this March when the problems started, my charge hand prefers me to wait until a few batches are ready for hand fettling whereas I tend to do a bit at a time because of the vibration numbing my hands. My way means 10 to 15 minutes on a sanding belt followed by 30 to 45 minutes hand fettling with air tools, his way can mean a couple of days solid on the angle grinder......guess what method I prefer
Apparently the condition can be speeded up by vibration when we have diabetes, wish I`d read that somewhere sooner.

 

[whompa73]

Coupple of things .1 I beleive them layihg you off is illegal 2 the problem is obviously caused by your job I beleive its called white finger . I will pm you l8r and give you a number to call

 

[Robinredbreast]

Good luck Kallanor I'm sure you have a very good case against your employer. It does seem as though they just want to get rid of you, it's unfair and you are being discriminated against. You have rights. Try to log every little thing down, Manager talking to you, date time, so you are in control in case it gets nasty. I do hope it doesn't.

Take care with best wishes and good luck. ps If possible make an appointment with your GP (if you haven't already) regarding your finger and the upset and stress it is causing you, stress and worry can and does cause problems with diabetes blood sugar control.

RRB

 

[Kallanor]

Quick update, Occupational health reassessed me, have now prohibited me from using vibratory tools or lifting over 12.5kg(Due to recent back injury!) Visited site and after talk with managers advised them to put me into the wax room with a choice of two jobs. Have just got a letter from my HR and have a meeting tomorrow morning, they have reviewed the medical advice but say they have no vacancies at present and may consider laying me off on medical grounds. Not very happy about this as both injuries have occurred since January, no advice was given regarding use of air tools and long term effects or breaks between jobs, no lifting belt was supplied until after my back was injured, guess if I do get laid off then seeing as I can`t afford the new £1200 fee to lodge an appeal I will probably try and see if any no win no fee firms would be interested in taking the case on. :sick:

 

[Fairygodmother]

Hello Kallanor,

Really sorry to hear about the way you've been treated at work; I guess that even if you do sort it out you will need to be strong in ensuring that they treat you fairly. How long have you worked there? Are you able to claim sick leave while your back gets better and while the injection for your trigger finger takes effect, or even while recovering from an operation to release the constricted tendon that's causing your trigger finger?
I agree that you need to join a Union, ASAP. A union will be able to provide legal advice and to support you in your demand for safe working conditions,
An employer has a duty of care towards an employee.
Good luck!

 

[fractureman]

Join a union ASAP mine pay the fees if a case was going to go to a tribunal


Sent from the Diabetes Forum App

 

[Kallanor]

Okay, had a chat with managers and HR this morning, a very unusual situation for all of us. I wasn`t on a disciplinary as I hadn`t done anything wrong. Work has to act on advice from Occupational health same as I do. There are only about 40 of us and so not much scope to make a new position for me. The one area Occ Health suggested for me doesn`t have any vacancies and off the record I was told they are struggling to keep them all in work at the moment. It was decided upon after 2 hours of discussions that I was to be laid off on medical grounds, but if and when a vacancy arises that I am capable of doing I will be offered the position, sucks I know, but to be honest they had tried all avenues and at the end of the day they cannot ignore advice from their medics, neither can I. All was amicable so I didn`t kick off. Phoned my doctor, got signed off for ESA and she is getting my consultant to perform the op on my hand while I`m off work, I`d hate to start work and have to ask for time off later if it gets worse, also going to try and get my dentist to sort my teeth out while I`m off. Not the best result but hopefully I`ll be fit for work and ready to roll by Christmas. At least on ESA I can Thought for the day? Never mention anything to a company nurse....it could come back and bite you on the **** !

 

[izzzi]

Phone ACAS Helpline on 08457 47 47 47 for free and confidential advice.

These people will help you advise you accordingly "Their helpline is a confidential national service that is available for anybody who has questions about workplace issues or employment rights"

Best of luck with this outrage from a yet another employer.

Roy,

 

[Melp_s]

Hi I am a union official and deal with inequality nearly everyday
Diabetes is covered by the equality act, so no employee should suffer discrimination either indirectly or direct.

The condition you have may have nothing to do with diabetes but industrial injury.

Regardless of that the employee must look at making reasonable adjustment. If by the nature of your company cannot make reasonable adjustments, then they must look at an alternative role for you.

However if nothing can be found then they may dismiss you under capability.

If it is proved that your condition is work related then there maybe a claim for that.

If it is down to your diabetes which I suggest not, but I'm not medically qualified to say either way, then you may be able to bring a discrimination claim.

Speak to your union if you have one, or seek out an employment law solicitor for advice.

Unions will be reluctant to take a case on if the new member joins with the issue so be mindful of that. However unions now have reduced waiting times for legal referrals down to four weeks of joining.

It appears your employer is discriminating against you, has your GP provided a prognosis for your employer to consider if not they should request a report from your GP as sometimes occupational health can be biased to the company, as the employer pays for the advice..

 

[Kallanor]

Cheers, will look around and see what I`m recommended to go for.

 

[john val]

interesting debate in parliament yesterday about employment rights,seems the government are trying destroy
them,take izzzi s advice right away before you have the rug pulled from under you.good luck

 

[mrawfell]

My impression of what you say is that this is an industrial injury situation. In which the employer has a problem not you. As for which government department to approach, I am not sure. Your local council offices or Citizens advice bureau should be able to point you in the right direction. Always consider writing to your MP. Ideally he/she should be labour, this will give them a chance to attack the government publicly. However even if they are in the government, they will reply. If not you could make them squirm, and they know it.

 

[oldbiddy53]

why will it cost you £1200? If you have been injured at work (your back?) it should be noted in an accident register - have you seen your doctor about this or your hand - is there a trail of visits or treatments at your surgery.r
If you are going for a dismissal for being/having a disability I believe there is a time limit - unfortunately my first solicitor didn't tell me this.
When I took my employer to a tribunal they were I understand surprised at the amount of information I provided to reports and conversations. You can ask for transcriptions of any notes/reports made at your meetings, you have a right to someone being there as a witness - anything you disagree with challenge.

*Not very happy about this as both injuries have occurred since January, no advice was given regarding use of air tools and long term effects or breaks between jobs, no lifting belt was supplied until after my back was injured,

I went to a no win no fee solicitor and ok it cost me as I won.... but it also made the company sit up and treat people better and it has already stopped a couple of dismissals.
Posts: 5
Joined: August 10th, 2013, 12:13 pm 'V

 

[the_anticarb]

You don't need the two years service if you are dismissed on the grounds of a disability, you acquire this employment right from day one.

They really need to try and provide adjustments to your role, or if this is impossible/impractical then redeploy you to another role which you can do.

Only if they can demonstrate that they really could not do this would they be on safe ground legally.

There may be circumstances in which they could justify their decision but they'd really have had to explore all other options first. And a tribunal would need to agree with them that they had no other option but to let you go.

If you do get dismissed, this will be on the grounds of capability, you are entitled to appeal it internally (for free) and if that was unsuccessful I'd be looking at getting a tribunal claim raised (which costs £250 in the initial stages not £1200 that's only if it goes to hearing) and if no settlement was forthcoming, engaging a no win no fee solicitor at that point.

Also check your home insurance, you may have legal cover included which will mean you don't have to go down the no win no fee route.