Hubby's employers - advice needed

[htl2010]

Hi guys,

Sorry more advice needed...!

Some of you will be aware that my hubby's currently off work for a few weeks after having bad seizures - he's on new meds which need time to settle down etc. His manager arranged for him to see occupational health today to discuss how best to support him at work. The guy has basically said that if they cannot accommodate him in his place of work (he works for the local council in a quarry) then they will have no alternative but to pay him off. Surely they can't do this, he's been with them over 30 years!

When he had his first seizure 2.5 yrs ago, his then manager ( a lovely guy) arranged for him to work in the office so he could keep an eye on him. Sadly he passed away last year and a new manager took over. He promptly booted him out of the office into the main quarry doing work that involved going up steps, working alone etc, all big No No's for an epilepsy sufferer. The works health and safety officer apparently ok'd this and said that as the steps have handrails he will be fine...his seizures come on without warning and are unpredicatable...I cannot believe the stupidity of this woman!! Hubby now has a letter from the hospital saying this is absolutely NOT to be allowed to happen.

Hubby has had a few run-ins with this new manager (who thought he was making a big fuss about nothing) and ended up signed off work with stress and high blood pressure a few weeks back. He went back for about a week then was hit with this latest attack of seizures, the first for over a year, he'd only just got his licence back which has hit him hard.

My question is, if they are saying they cannot guarantee his safety in his place of work, are they not duty bound under the disability act to find him work elsewhere throughout the council which would be deemed safe for him to do. My opinion is that they should never have taken him out of the office where he felt safe, secure and was never left alone for any amount of time. We know for a fact that he was only taken out of there to put someone else in there who had been off for the best part of the year and it was the only way to get him back to work!

Sorry for sounding off but I feel absolutely furious that they are treating him in this way and would be really grateful for advice from anyone who has had similar experiences as to what to do next...thanks.

 

[huskymom]

I am so sorry about what your husband is going through. Where I work, once you have to take FMLA (family medical leave) which is also for yourself, then you have time because your employer has to keep your job open for you for up to 6 months. I agree, your husband is getting a bad deal. Anyway to find something else? After putting in 30 years at this company, can he go ahead and retire from there? It might be worth it to keep him out of this unhealthy situation. I will keep my fingers crossed for him, and you!

 

[Crash]

Hi,i once worked for the council and im not to sure how true this is but i was told that the only way to get sacked from the council was for stealing.Im sure they have to do everything in their power to help your husband in his position,the same for drink or drugs they have to help you.I dont want to get your hopes up but it might be worth looking into.
There was a guy with limes disease,he was of for about a year and a half and hes starting back so i assume his job was kept open,definetly look into it.I hope things work out for you both.
Neil

 

[htl2010]

Thanks guys for your helpful advice. Yes I think it is still council policy that he could be off for up to six months on full pay, then six months on half pay and they would have to keep his job open. The sad thing is he really does want to work, he loves his job and would be bored rigid if he had to stay at home but they're kind of forcing his hand here and I think if they can't help him out then he maybe has no choice but to be off long term sick which I'm sure is going to cost them more in the long run than to make some reasonable adjustments to help keep him in the workplace, then they after that they would have to pension him off anyway! What a crazy world we live in! : )

 

[KimberlyD]

The ADA states "it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship". Neurological disorders are included in disabilities. If the company has made arrangments for him before to accomodate his disability they may find it hard to find a discrimination suit against them now. You have to file the compaint within 180 days of the discrimination, you file with the EEOC. They refer to it as a "Title I complaint". You can go to EEOC.gov for more information. Good luck

 

[Crash]

Hi htl2010,
I forgot i was sacked from a forestry company a few years back for having a seizure,i had to sign a form barring me from talking about it,but if you think anything could be relevant feel free to PM me,i dont think its a good idea putting the details on the board thats all.
Neil129

 

[Loopy Lou]

I looked into this because my work was trying to take the same route. Eventually i got letters from my doctor stating that i was allowed to do my job but with restrictions (i work with adults with learning disabilities)

A company can pay you off/let you go if it's deemed that you're completely unsafe to do any work within the company (and they can prove it). However, if there is other jobs going, then your husband should be offered a transfer, otherwise it's discrimination on the grounds of disability.

A disability with regards to work is described as "Any illness or condition which would put a person at a disadvantage of finding employment", whether or not he's actually registered as disabled.

If he had an inside job before i don't understand why they wouldn't offer it to him again. They sent him back out when it was unsafe for him to work in the quarry.

Could your husband get a letter from his doc or neurologist explaining what he can and can't do?

For now i suggest your husband record everything that is said to him at work, and get everything in writing, in case the worst does happen, in which case he could take it to a tribunal.

 

[Crash]

Yeah.ill tell you one thing for sure these companys dont like going to tribunal,thats for sure,i dont think losing bothers them so much,its the fact that it will be all over the papers.They say theres no thing as bad publicity well in this case i think thats saying is well of the mark.
Neil129

 

[htl2010]

Thanks for all the feedback guys, I really do appreciate it. We'll just have to wait and see what happens next. He will be off for at least a month which should give work enough time to sort out how to support him. If he goes back and things are just as bad then I suspect we will end up taking them to a tribunal. I'll keep you posted!