Discrimination

lizptsd

Hi I'm asking for some advice. After a year of bullying at work due to my disabilities physical and mental I was signed off work in late November last year. My Employer suggested I might be signed off or had I considered medical retirement on many occasions. I was struggling especially when he moved to a different location but really tried to stay working. I have severe Osteoarthritis, severe Foramimal narrowing cervical and lumbar and PTSD. In February he hand delivered my dismissal due to a work capability assessment he did from which he decided that I was not fit enough to perform the role I was employed for 10 years ago. I filled in a UC50 form and due to all the evidence I sent I have LCWRA without the need for an assessment. The dismissal letter was awful saying that as I suffered falls I could no longer be left alone and he would have to employ someone else to be with me on his days off. He said my being there was impeding the smooth running of his business. He said that as the toilet was downstairs at the new location that was a reasonable adjustment despite the fact it was too low with no grab rail and I had fallen off it. He said he had supplied a stool with a back but said that as I had been signed off I didn't have a chance to use it. He never mentioned the stool or asked if I needed a chair with suitable lumbar support. The only place to eat lunch was up a dark steep flight of stairs that I couldn't get up. So I was left to eat lunch in the shop with a bully so I didn't eat lunch. The only parking place close to the shop he took leaving me to park elsewhere and there was no long stay disabled parking close by. He said that I became flustered with technology and had given me a verbal warning due to not being trained to do a refund and making a mistake.As I was dismissed giving notice my last day of employment was the 17th May.

My question is after all the bullying and being devalued undermined and criticised should I just put it behind me as my Husband advises or stand up for other disabled people and name and shame him. Especially in the light of the Government wanting to get disabled people back into work.

I'm nearly 63 and worn out physically and mentally. I fall over alot and the Stenosis symptoms are becoming more debilitating. I think it's wrong on so many levels for an employer to behave like this as when my symptoms got worse he turned on me. He said that he was having to do more as I couldn't do as much as before!!!! Poor him.

Is there a way I can do this that doesn't involve my having the turmoil of facing him but just making him aware of the discrimination or should I just get some **** and go through the process no matter how hard it might be.

Best wishes all

Lix

Butterfliess

Hi,

I really didn’t want to just read and not say something. I’m so sorry you have been through this. Absolutely no one should be bullied in or out of a work place. You deserved much better and he most certainly doesn’t deserve your hard work. ☺️

lizptsd

Thank you, I wouldn't want anyone else to go through this it was awful. I'd actually worked for that company 18yrs! The present owner took over in 2013. The previous owner is furious and would never have treated me like this. Hopefully something positive can come out of this and I can help other people.

Take care

Liz

Jimm_Alumni

Hi @lizptsd I can't believe you've had to go through all that. Can I ask if you ever had an occupational health review by an actual occupational health therapist?

You mention a "work capability assessment", do you mean the WCA that is part of ESA and Universal Credit? That doesn't sound like an occupational health review.

lizptsd

Hi,

My boss did his own work place capability assessment when I was signed off . As he didn't actually know my other conditions apart from the Osteoarthritis as he never asked how could he know what I could and couldn't do. The WCA I had was for UC as I was signed off for more than 28 days.

He didn't want me back as he already replaced me with someone under contract when I had only been off for 2 weeks.

Liz

Scrumptious67

https://forum.scope.org.uk/discussion/comment/866891#Comment_866891

Hi lizptsd, so sorry you have been through all that after being so loyal for 18 years. So you were never referred for an Occupational Health assessment and he basically dismissed you on grounds of incapability? I think only you can decide whether to take this further or not but a good place to start would be to speak to ACAS if you haven't already done so. It certainly doesn't sound like he carried out a fair process at all especially as he employed someone else whilst you were signed off.

I know first hand that it's a very stressful process to go through and it can take it's toll both physically and mentally. It's whether it will give you some sense of justice and closure and put your mind at ease that this won't be done to anyone else there or whether you can walk away and put it behind you for the sake of your health (no shame in doing that and completely understandable).

Do talk it through with ACAS to see what your options are then take it from there.

All the best.

lizptsd

Thank you so much for your response. I will talk to ACAS and also the MIND legal team were also very interested in my case as he refused to acknowledge the PTSD and the affect his behaviour had on my mental health. As my GP said that as I have so much to deal with with health complications at the moment that has to come first. But at the same time I want to make a difference and help others so they don't have to put up with behaviour like this.

Thanks again

Liz