Employee rights...

[Joffery666]

I was diagnosed with epilespy about 1.5 years ago. I've been suffering with regular seizures, and I've still not found a medication that I'm on that is able to control my epilepsy. It's a case of 'trial/error with mediation until one is (hopefully) found to control them. The medication(s) I have taken (various dosage) have had a caused a lot of side effects (fatigue, issues with sleep, symptoms of flu that come along a lot more regular than normal, issues with temper, major weight loss). I'd go as far to say the side effects of the medication have been worse than the illness itself.

Now to the point, I work for a big organisation that make vehicles, but I've had issues with my attendance ( due to my illness ) thats beginning to become problem. My attendance before being diagnosed was good, but since, with suffering with seizures, and starting the LONG road to finding a medication that I'm going through, it's been a bit of a problem. I'm finding my employers are having a difficult time understanding my situation, and I'm currently in a position where I've been handed a disciplinary for my attendance. The process that's used by them is that you can be off sick for 1 day, but on paper, it's exactly the same as being off sick for 3 weeks.
I'm in a position where I'm not in control if I'm having to take another day off if I'm to suffer a problem (due to the meds, or the illness). I'm starting to wonder if they're just looking for a way to sack me.

I've tried discussing my position with them, but it seems like I'm hitting a brick wall.

Would anyone be able to provide some advise on my next step?, do I have any rights for this sort of thing?, the union are a bunch of useless turds.

[tenpenceshort]

Your epilepsy may be considered a protected characteristic as a disability under the Equality Act 2010. You really ought to take specialist legal advice (Breadvan on here may be able to suggest someone suitable). If you are a member of a union they may be able to provide such services.

[hidetheelephants]

tenpenceshort said:

Your epilepsy may be considered a protected characteristic as a disability under the Equality Act 2010. You really ought to take specialist legal advice (Breadvan on here may be able to suggest someone suitable). If you are a member of a union they may be able to provide such services.

Poke your shop steward with a sharp stick until they do something; this is what they are supposed to be for.

[anonymous-user]

It sounds like your employer is on a collision course with the disability protection provisions of the Equality Act 2010. The employer should make reasonable adjustments to cope with an employee's disability. Disciplining an employee who has difficulties caused by disability is a potential crash landing for the employer. The employer may not realise this and needs someone forceful and clued up acting for you to make it wake up and smell the coffee.

Push the union to help. Try also the EHRC. I can recommend some solicitors if you let me know where you are located.

Edited by anonymous-user on Friday 4th July 08:23

[mph1977]

Breadvan has covered the pertinent points here, applying an unmodified version of the sickness and attendance policy is on a crash course with the Equality Act.

[mike9009]

Hi

There is another epilepsy thread on here at the moment, so I am repeating myself in this thread too

I was diagnosed with epilepsy some seven years ago, after having three fits (all early morning). It was a really difficult time, mostly due to losing my driving license. My employer were very supportive using occupational health to assess my needs. I used to drive quite often for work and they provided either taxis, trains or someone else to travel with me on journeys.

As you have probably experienced, I had loads of tests, scans and people prodding me. Eventually they gave me something called Tegratol Retard which seemed to stop the fits (I am still not sure whether this was linked to my diabetes rather than epilepsy??)

I have been fit free for seven years now, still work for the same company and back driving again. When it first happened I thought that is it.....

I would directly ask your HR department for assistance/ help with this. Take Breadvans advice (I am no legal eagle) but your HR department should be well aware of the law and 'should' operate within it. I think the shop steward route may lead to more conflict than good - and should maybe used at a later date??

I hope your job and work situation improve rapidly and soon.

Mike

[Zeeky]

Knowing little about your employer I would be cautious about getting legal or forceful with them at this stage if you prefer having a job to a claim for compensation. You need to impress on your employer that you believe that you are disabled within the meaning of the Equality Act and that you wish to be treated accordingly. If you can't do this yourself then your Union should be the next step.

[HenryJM]

Joffery666 said:

I'm finding my employers are having a difficult time understanding my situation.

How well have you been keeping them informed? I ask because many people seem to not want to tell their employers what their issues are, quite understandably, but without that knowledge it's hard for the employer to react to it correctly.