Can I forced to do as they say????

Everyday living
1

Hi All,

I regularly check in to the forum and read all your posts, and I would be very grateful for any advice. My mum feels I should ask on her too as I’m sure there must have been someone in my situation at one point? (I hope, I feel very worried right now)

I’m sorry for the long post, I’m just so confused and really don’t know where I stand. Thank you, thank you, thank you in advance!!!

I was diagnosed with RRMS in July 2009, aged 22 and at the peak of my career, a Deputy Manager of a Children’s Nursery.

During that time my work was very supportive- I think! Well my dad worked there too as a Caretaker and I think I was treated well because of him being there too. He retired in August this year.

Since 2009 I have been promoted to Nursery Manager, I absolutely love my job. I do struggle with my day-to-day symptoms like everyone else, but we just carry on, determined not to be beaten!

I have been on Tysabri since August 2010 and this has helped a great deal, reducing relapses from every 6 weeks to 3-4 months.

I reduced my hours in 2010 to 30 hours per week, however with having a busy job I still completed work at home and was therefore working a 39-hour week!

So I spoke to my line Manager then (who is also the director) who said that I should change my contract back to 39 hours, 30 hours a week at work, 6 hours a day, then 9 hours at home. I have done this now for well over a year and this has worked really well. It allows me time to rest but also time to complete things at home e.g. paperwork!

I had a relapse recently in August/September and was back at work on 1st October.

Each time I have been off sick in the past year it has only been for MS, not a cold etc. I have had 50 days off in the past year in total.

I was told in October at a return to work interview that I would be referred to Occupational Health. I didn’t mind this at all.

However, this Wednesday when I was at work my line Manager (who is now the Qualified Teacher that works alongside us) she asked me to meet with her to prepare the paperwork to send over to the OH ready for my appointment on Wednesday 31st October 2012.

During this meeting it was suggested to me that I need to reduce my hours, either work 5-6 weeks solid then have a week off, I asked if this would be unpaid or annual leave, she said “I don’t know, probably unpaid” she then went on to suggest maybe I do a day less at work in the week e.g. have a Wednesday off. She also said, “Well surely you receive DLA and that will help towards your finances” I couldn’t believe it, I told her that my finances are none of her business, she also said “also isn’t your partner back in work now?”

I know I should have got up and walked out, but I was just so shocked. Should she be commenting on my finances? Or about my DLA?

I do receive DLA, and that costs goes towards a cleaner around my flat, taxi to work on my “bad days”, money for my mum’s petrol to take me to and from treatment etc. Things that I can’t no longer do and need help with!

I would be grateful if anyone could advise me with them “making” me reduce my hours? Discussing my DLA?

I do my job as well as the next person and since in my Management and with the hard work of my team we have had a “good Ofsted”

I have been keeping a record as I feel that there are comments which are said to me that are unfair, she told me “I went on the MS website to find out information on how to support you and I was so surprised to hear that you can get tired from just using a pen, using a pen!!”

She also kept comparing my MS to a lady who works at the Centre who is over 60 and has arthritis.

Please would some one help me with any advice, I just don’t know what to do. I don’t want to reduce my hours while I am “well” and am more than capable to continue.

Thank you in advance for any advice :slight_smile:

2

Hi Ashleigh,

This is a really tough one, so I’m not going to attempt all of it, if that’s OK? I’m sure someone will be along to help with the rest.

I just wanted to say that I think the finance thing is totally out of order. It has NO bearing on your employment situation what benefits you might be claiming, or whether you have a partner in work - or even whether you were a lottery winner, for that matter! “But you can’t really need the money…” should never be the case for reducing your hours.

Besides, DLA is NOT meant to be a replacement for lost income (though many people end up using it as that). As you say, it’s meant to help with the little, everyday, extra expenses having a disability can bring - like needing a taxi.

It does sound like your line manager at least had sincere motives - taking the trouble to try to find out about MS from the Society. But it’s a shame she has over-generalised from a few things she’s learnt. I don’t think it hurts for management to understand we might get tired holding a pen - that will certainly be true sometimes, for some of us. But she seems to have gone to the other extreme of assuming everyone with MS is always exhausted from holding a pen! Concerned, but misguided.

Tina

x

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Thank you Tina, I really appreciate you taking your time to read it all- there is so much!

I think the OH app next week will be helpful.

I just don’t want to be “forced” to reduce my hours.

Thanks again xx

4

Hi, I agree with what Tina says and can’t help further than that. I agree with Tina that the state of your finances is nothing to do with anyone, dont forget that you claim the dla on legitimate grounds and are perfectly enttited to work while claiming dla (I work and claim dla too). No one should be taking your finances into account. I personally don’t think they can force you to reduce your hours. However they might be concerned about your attendance record, 50 days absence in the last year equates to nearly one day a week off ill so perhaps they are thinking that if you only worked four days a week you wouldn’t be off sick. I wonder, was that an exceptionally bad year for you, did you have a few bad attacks and are doing better at the moment or are you always off that amount? It sounds like you work away well at what you do and you certainly sound up to the job. I think you’ll need to go to this meeting with an open frame of mind, try to see it as an opportunity to put across any concerns you have. Sorry, I can’t help more. Cheryl:-)

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You should also contact the Disability Law Service for advice, just google them, they have an advice line you can ring. I don’t think they can make you reduce your hours but I think you need legal advice too. I think your manager is probably trying to be helpful and has gone about it the wrong way. The pen comment would have got to me too.

Occy health are there for your needs too, they are supposed to support you aswell as the company you work for. Good luck with it and try not to worry, we’re always here if you need to let off steam or rant about it.

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Morning all, Thank you so much for all your advice. I knew you guys would talk sense, I have been too busy ranting and raving rather than putting it all into content. I will let you know how it goes on Wednesday. Thank you all again :slight_smile: Ashleigh

7

Apart from the money issue -and DLA isn’t means-tested anyway, there seems to be an assumption that things will be OK if you have a day off work. Sorry to sound flippant, but do they think you can arrange to have a “bad” day on a Wednesday each week??? If only MS worked like that. Good luck next week. B.

8

Hi Ashleigh,

First I suggest you give Access to Work a call; they can arrange and pay for taxis to and from work you only pay the equivalent bus fare, see https://www.gov.uk/access-to-work

The whole business of your right under the Equalities Act is a bit complicated. I suggest you ring the EHRC Monday who will give you the right info and will help you, http://www.equalityhumanrights.com/

Don’t worry it will be fine.

George

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Thank you all so much. I will keep you guys updated. It made my mum tearful by how much kind advice you have given me. We just didn’t know what to do. Thank you :slight_smile:

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Hi all, Just an update! Went to Occupational Health today, and the lady was very helpful. She is in agreement with me that reducing my hours won’t stop me relapsing, as this was suggested by line Manager. She feels that there is things work can do to support me first before we even think about changing my hours, especially as my work load will stay the same! These include a disabled parking space, it’s hard to park in the disabled bay at work even though there are 3 as other staff members just park there and one of my top bosses! She did think this was disgusting. Occupational health also suggested that I should have a phased return to work when coming back from a relapse. Also it was suggested that before we break for our Nursery holiday, 3 times a year, then the week before I should not be counted in child:staff ratio and just focus on paperwork/admin for the new term. I think this will help me so much. I feel such a relief that I do not have to reduce my hours, I want to continue to work for as long as I can. Thank you all again, this forum is just fantastic for support and advice, hope you all have a lovely evening :slight_smile:

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Hi Ashleigh, it sounds like things went well, those suggestions sound like they should make quite a difference to you. Cheryl:-)