Am I being treat unfairly or am I over reacting?

nickjohnwatson

nickjohnwatson

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Nick
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I've suffered from IBS for a number of years. Had blood tests to check for crohns disease etc but its ibs nothing really I can do apart from manage it as best I can.
I've recently moved teams at work and am now in a position where I've been told that for me to take "excessive occ health breaks" is becoming unnaceptable as I am having a detrimental effect on he company by doing so. I do use the bathroom a lot but it is not through choice, and the occ health team at work have told me to carry on as usual. Im now being re-referred and have been told ill have to have an independent medical review. I offered to provide my medical history but apparently it needs to go through work? When asked why I was in the bathroom for a certain length of time I advised that its because I feel that I need to go and I can't help it. I was met with the response "to sit for 15-20 minutes and have nothing happen rings untrue"

Am I over reacting?
 
How long have you been there and is this from immediate management who you are new to?
 
I don't think you are over reacting Nick but unfortunately this is becoming more common place in todays work place.
A good friend of mine had to have a major operation last week with the hospital saying a return to work in 6 weeks is possible.
He's had a visit from his employers this week to see when he'll be fit.
 
No, but you could look at it from another perspective. They could simply want to understand and be able to get the best for you, and them while your at work
 
If the company feels your illness is affecting your work or performance then they do have the right to refer you to their occupational health and doctors. They may make reasonable allowances for how you need to work but they don't have to employ people whose illness means they can't do the job satisfactorily.

However, this might be useful. If (in your case) the IBS is classed as a disability then you have greater protection under the Equality Act:

http://www.theibsnetwork.org/equality-act/

Do you have a union rep you can talk to or legal advice on an insurance policy?
 
The irony is that ATOS carry out a lot of these assessments for companies.

A few years ago a close friend of mine who is genuinely very sick was told by her employers (Royal mail) that she had to go for an independent assessment, she loved her job and wanted to find a way to carry on, but ATOS reported that she was unfit for any form of work and in their opinion would never be fit for work ever again.
Consequently Tracy was fired on medical grounds.

She went to sign on and was told she couldn't as she had been classed as unfit for work so therefore would have to claim incapacity benefit.
A few weeks later and she has to go for the medical assessment for incapacity benefit with you guessed it ATOS, same office, same people.
The big shock though was that they found her fit for work, even though roughly 7-8 weeks earlier they told her and her employer that she was unfit for any work at all and never would be.
They're decisions seem to depend on who's paying them and what outcome they want.
 
magicaxeman said:
The irony is that ATOS carry out a lot of these assessments for companies.

A few years ago a close friend of mine who is genuinely very sick was told by her employers (Royal mail) that she had to go for an independent assessment, she loved her job and wanted to find a way to carry on, but ATOS reported that she was unfit for any form of work and in their opinion would never be fit for work ever again.
Consequently Tracy was fired on medical grounds.

She went to sign on and was told she couldn't as she had been classed as unfit for work so therefore would have to claim incapacity benefit.
A few weeks later and she has to go for the medical assessment for incapacity benefit with you guessed it ATOS, same office, same people.
The big shock though was that they found her fit for work, even though roughly 7-8 weeks earlier they told her and her employer that she was unfit for any work at all and never would be.
They're decisions seem to depend on who's paying them and what outcome they want.
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this is awful. Surely she has good grounds to sue.
 
magicaxeman said:
The irony is that ATOS carry out a lot of these assessments for companies.

A few years ago a close friend of mine who is genuinely very sick was told by her employers (Royal mail) that she had to go for an independent assessment, she loved her job and wanted to find a way to carry on, but ATOS reported that she was unfit for any form of work and in their opinion would never be fit for work ever again.
Consequently Tracy was fired on medical grounds.

She went to sign on and was told she couldn't as she had been classed as unfit for work so therefore would have to claim incapacity benefit.
A few weeks later and she has to go for the medical assessment for incapacity benefit with you guessed it ATOS, same office, same people.
The big shock though was that they found her fit for work, even though roughly 7-8 weeks earlier they told her and her employer that she was unfit for any work at all and never would be.
They're decisions seem to depend on who's paying them and what outcome they want.
Click to expand...

Did your friend go to their own doctor for an assessment?
 
Hiya guys

Thanks for all the replies and the links. I didn't know it could be classed as a disability so that might help. I'm awaiting a call from occ health and I'm gonna explain everything to them and tell them how its made me feel. Also I'm going to request a letter from my doctors that confirms the ibs and how long I've suffered / what treatments I've tried / what tests are done and what medication I use to manage it. Hopefully this will get them off my back about it. The frustrating this is that he company were aware before they offered me employment that this was something I had and they assured me they would accomodate for it. I was very clear about it and made them aware that it was an issue.

Thanks again
 
nickjohnwatson said:
asked why I was in the bathroom for a certain length of time I advised that its because I feel that I need to go and I can't help it. I was met with the response "to sit for 15-20 minutes and have nothing happen rings untrue"

Am I over reacting?
Click to expand...

no and yes - you have a medical problem which the company in entitled to have you checked out. however, the bit I quoted above is typical of moron managers. if you are talking to
someone about a medical issue you shouldn't be making any comments.

it's typical of management comparing their life
to yours which is irrelevant.
 
POAH said:
no and yes - you have a medical problem which the company in entitled to have you checked out. however, the bit I quoted above is typical of moron managers. if you are talking to
someone about a medical issue you shouldn't be making any comments.

it's typical of management comparing their life
to yours which is irrelevant.
Click to expand...

As above TBH..... I'd feel the same as you do at the moment however probably best t ogo along with it for the time being, await OH assessment and take if from there. Hopefully the facts will be established and they'll just let you get on with it.

One thing I would find interesting is do you smoke and do others in the office go out for regular ciggy breaks? ;)
 
POAH said:
no and yes - you have a medical problem which the company in entitled to have you checked out. however, the bit I quoted above is typical of moron managers. if you are talking to
someone about a medical issue you shouldn't be making any comments.

it's typical of management comparing their life
to yours which is irrelevant.
Click to expand...

Exactly right.
Years ago, I had to go to hospital as part of a diagnosis for a serious condition. As I worked in London, I was able to fit the hospital visits (St Thomas's) around my work hours, however, the condition meant that I was like a zombie every day. The hospital worked out what was wrong, arranged for me to have a medical device (for life), and I looked forward to living a normal life at last.
I had a holiday booked, but when I got back, I found that my boss (an employment lawyer) had decided to make me redundant - due to my sickness.
I have since found, that many managers have a totally inconsiderate attitude to employees who have serious health issues.:(
 
Are you a member of a union?
If not, join one, if you are then contact them.

Your medical condition isn't your fault and equally of course it's not your employers fault either. But you need backup and representation and a strong union can provide this.
 
MagicMynx said:
Equality act 2010 might be worth a look at. ;) They're being unfair.
Click to expand...

I will definitely have a look thanks :)

Bill Roberts said:
Are you a member of a union?
If not, join one, if you are then contact them.

Your medical condition isn't your fault and equally of course it's not your employers fault either. But you need backup and representation and a strong union can provide this.
Click to expand...

I'm not part of a union, I'm not even sure there IS a union where I work.....I'm going to play it by ear and speak with occupational health, they have been spot on when I've spoken to them in the past so hopefully they'll just tell the hierarchy that its unavoidable and can't be helped. Then there's nothing they can say otherwise. Getting a letter from my gp too :)
 
I would speak to ACAS and CAB for advice. Essentially, you cannot be discriminated against on medical grounds. IIRC you can only be made redundant if your medical problems mean you are unable to do your job even when adaptations have been made (eg moving your desk/office so you're closer to the toilets).
 
rjbell said:
this is awful. Surely she has good grounds to sue.
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She's to sick to have the strength too and I think the government have limited legal aid to do that over these decisions.

mxfun said:
Did your friend go to their own doctor for an assessment?
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No.. had to go to ATOS, her own doctors & consultant have written to complain but are completely ignored ATOS, they only care about the boxes they tick, not what REAL doctors diagnose and recommend.
 
Nick, you should have a union if its that big a company, if not anyone can join Unison, however there's a 12 week lay between joining and being represented.

If it's such a big firm and have proper Occy health and HR then you should be able to get a copy of

a) Disciplinary policy

and

b) Capability policy

These should have the relevant information for your situation.

For now make sure you keep going back to Occy health with issues and discussing the pressures you are being put under, that way you have a paper trail of issues.

Additionally, buy a cheap diary and record all "instructions" youre given by those that are pressuring you, it doesn't matter if they are witnessed or not, it's a chronological order of accurate information that will be needed in the future should you not resolve the situation and it gets to a stage where you're looking at taking some action.
 
omens said:
I would speak to ACAS and CAB for advice. Essentially, you cannot be discriminated against on medical grounds. IIRC you can only be made redundant if your medical problems mean you are unable to do your job even when adaptations have been made (eg moving your desk/office so you're closer to the toilets).
Click to expand...

That's not entirely accurate unfortunately.

There's a difference (in law) between discrimination on medical grounds and discrimination on the grounds of disability. :|

Unless the medical condiiton is a registered disability they "could" go down the capability route where he is essentially unable to fulfill his job description adequately even with reasonable adjustments. :(
 
I work for one of the uks biggest telecommunications companies........
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So do I and my condition is covered under the DDA, find out if yours might fall into this category

Watch out because I know of a few people recently who have been forced out under something known as the managing change capabilities scheme

In other words find a suitable role within six months and if you can't clear off
 
All should have to do is to make a note of time spent not at your desk beyond what everyone else does and make up the lost time. They get the same work and it is a reasonable adjustment. They can't object to that unless they have an agenda ie they want you out for other reasons.

What else do they expect you to do. Ignore calls of nature and crap in a waste paper basket or wear an adult nappy?! Both of those would be far more disruptive than you disappearing off when needed even if it turns out to be a false alarm.

If they were happy before you were moved department it suggests the other alternative would be to move you back to where you before as it is their change that has caused the problem in the first place. If they were happy before then why are they suddenly unhappy now?
 
Been there, had a similar problem. Ended up parting company with my employers at the end of May (after 18 and a half years with the firm).

Make sure that you are honest with Occupational Health; contrary to popular opinion, they are actually on your side. Mine was fantastic and really helpful; such a shame the firm opted to ignore all of his advice.
 
magicaxeman said:
The irony is that ATOS carry out a lot of these assessments for companies.

A few years ago a close friend of mine who is genuinely very sick was told by her employers (Royal mail) that she had to go for an independent assessment, she loved her job and wanted to find a way to carry on, but ATOS reported that she was unfit for any form of work and in their opinion would never be fit for work ever again.
Consequently Tracy was fired on medical grounds.

She went to sign on and was told she couldn't as she had been classed as unfit for work so therefore would have to claim incapacity benefit.
A few weeks later and she has to go for the medical assessment for incapacity benefit with you guessed it ATOS, same office, same people.
The big shock though was that they found her fit for work, even though roughly 7-8 weeks earlier they told her and her employer that she was unfit for any work at all and never would be.
They're decisions seem to depend on who's paying them and what outcome they want.
Click to expand...

I would have definitely taken legal advice over this, as it smacks of another ATOS scam to me, i would be amazed if there were no grounds for suing


Spuff said:
If (in your case) the IBS is classed as a disability then you have greater protection under the Equality Act:
Click to expand...

I am fairly sure that IBS comes under the DDA, so a company does have to make certain allowances if that is the case, but you will need to check it all out, you definitely need legal advice, from a union solicitor, who should specialise in employment law.
 
in the unlikely event that no disability legislation has been breached, i'd say you've won the constructive dismissal claim if they ever tried to get rid of you....

im fairly certain you didn't wake up one morning and decide on ailments.... nature has its own way of dealing out problems- employers cant act as god...
 
tezmed said:
in the unlikely event that no disability legislation has been breached, i'd say you've won the constructive dismissal claim if they ever tried to get rid of you....

im fairly certain you didn't wake up one morning and decide on ailments.... nature has its own way of dealing out problems- employers cant act as god...
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But he's not got a registered disability:thinking:
 
andy700 said:
but when I got back, I found that my boss (an employment lawyer) had decided to make me redundant - due to my sickness.
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I take it your employer didn't actually put it like that.
If they did, then they're are a very bad very dumb lawyer.
 
Dumb lawyers do exist!!! ;)
 
:D
 
Gary Coyle said:
Next time they question your illness (i have IBS) take a dump on your bosses desk.
Click to expand...
I know someone who did similar when his foreman didn't believe he'd been to the loo, next time he brought back the evidence as proof.
 
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