I have just recd the result of my employment tribunal.
My claims for disability discrimination were dismissed.
I feel so totally let down by my GP.
The GP wouldn’t write a letter to the court (in case of litigation). So in the absence of any medical evidence, the judge had to accept the sick certificates only. The GP had only signed me back to work and not written “phased return” so that n court the judge decided that he had to take this as meaning that I was to return to work on a full time basis. So when I requested phased return hours and the employer dismissed this, the judge said that this was okay.
Also because the office had been moved to an upstairs location and I wasn’t able to access the office; due to lack of medical evidence the judge decided that I couldn’t prove that there was any evidence to support my claim of physical disability.
I feel so stupid. How on earth am I to hold up my head in my village when I feel to let down by all of this? And the judge decided that I should try to return to work for this employer? Is he joking or what?
Why on earth was I persuaded to take a case to tribunal?
However, I don’t know any of the background - who told you to take the case to a tribunal? What are they saying now? Have you thought about seeing a good medical negligence lawyer or perhaps that’s who told you in the first place? You would need to find one that has experience in employment law. It could be worth a try and it may help you to move on. Just a suggestion from someone who is travelling the journey of medical negligence and getting more and more disillusioned with the system.
I’ve been fighting a medical negligence case for over three years now. I’m still not sure what’s happening. But what I do know is that GPs will cover their backs at every turn. A therapist once said to me “no-one will bury their mistakes more than GPs”. I now believe her. GPs have huge power - we are the peasants and often don’t get our voices heard.
You could also try the Citizen’s Advice Bureau.
Like Mole said above, what your village thinks is by the by. The people that care will understand and the people that gossip aren’t worth bothering about. Also, gossip is short-lived.
Try not to beat yourself up over this. Do whatever helps ease your mind. I’m not particularly good myself at the moment so I’m off for a short walk and a swimming session.
Hi Lambkin,
What a mess - poor you. I hope you can make the right decision for you about whether to pursue it or whether to put it behind you. It all sounds a very humiliating experience.
As if you didn’t have enough to contend with!
Big hug
Jacquie
I have read in Work and Cancer booklet from Cancerbackup that everyone with cancer is classed as disabled under the Disability Discrimination Act even if the person has been successfully treated… Hence the employer has a duty to make ‘reasonable adjustments’ to workplaces and working practices one of which is allowing ‘phased (gradual) return’ to work after extended sick leave…
May be you know about this but please try and contact the Disability Rights Commission helpline on 08457 622 633. So far info given by Breast Cancer care and Cancerbackups have been valuable to me…All the best!
I’m really sorry to hear about this. I am also at present having a battle with my employer as they don’t want me coming back part time as a phased return to work. I have done quite a lot of research into this and it’s doesn’t seem to be quite as straightforward as ‘employer has a duty to make reasonable adjustments’. If they have a good business reason as to why the adjustment wouldn’t work for them - sometimes they can get away with it. My employers are just saying part time work is not workable for them and that the person I work for needs full time support. I do not agree with this and believe they could make it work or that they could make me a float. I have been very flexible with my employers and they are being pretty inflexible which is not in their favour. I agree with Flowernbee that you should speak to the Disability Rights Commission helpline for advice.
Just wanted to butt in on this - before dx I worked as a HR manager in the NHS - and the whole issue of ‘reasonable adjustment’ is a minefield. However, just wanted to say Ruby that your employers saying that the person you work for needs full time support is reason enough to not allow you to return part time would not, in my opinion, be acceptable.
There is no justification for ‘full time’ support being given by one person - that is why job share was introduced - whether your boss receives full time support from one person or 2 people is immaterial. It would be a reasonable adjustment - if another job share could be found (and this may place the onus on you to find the other sharer - to split the job, either permanently or for a defined period of time.
You are right in saying the reasonable adjustment issue is a minefield. I have decided not to take my recent grievance case forward because of this. In my case the employer has claimed that the only adjustment they had to make was allowing me time off for hospital appointments. I was supposed to have a meeting with my boss to discuss my issues over lack of training etc., and I knew my boss was not going to attend due to other appointments he had forgotten about; this is one of the reasons why I left. However, the employer has said as far as they are aware my former boss was going to attend and I have been advised by my employment solicitor that it would be very difficult for me to prove otherwise.
Magz thanks for your input - especially interesting to hear from you as you worked as an HR manager. I agree with what you say above about and the other thing about it is that if they so want me to come back to work (when I’m ready to come back full time) why aren’t they helping me by phasing it? Yes it’s an inconvenience for them but only a few months of that!
Cherub sorry to hear that things haven’t gone your way. As I’m going through the same thing now, I’d be interested to know if there is anybody else on this site who has taken their employer through a tribunal over this and won.