Contract terminated due to fibromyalgia

[Bee1311]

Can anyone please help. I have been employed for almost 6 years and have been off sick since April last year, I was diagnosed with fibromyalgia and depression in September last year. I have been seen my the occupational therapist and have aids to help me in my home. I have been to see occupational health today at work and she has advised that my contract will be terminated as I cannot do my job anymore, this is without waiting for me to see the pain specialist and without even offering me anything like reduced hours or nearer location to my home, in her report she said that my health issue is not a disability under the equality act. I wondered if I would have a case or be able to take this further as I believe I do have a disability and that my employer has failed to assist me in returning to work. Thanks

 

[Mr D]

You do have a disability.

You've had no other involvement by employer? No request for information? No meetings?

 

[Bee1311]

You do have a disability.

You've had no other involvement by employer? No request for information? No meetings?

 

[Bee1311]

Hi thanks for the reply this is the second meeting I had with occupational health the first one was before I was diagnosed. Today I have them the letter from the specialist who diagnosed me with fibromyalgia. When she sent the report though after our meeting she stated I don’t have a disability under the equality act and during the meeting she told me I will likely get a letter terminating my contract.
If I do get a letter terminating my contract and they don’t recognise this as a disability would I have a case for court ? And if so under what? Thanks

 

[Bee1311]

Hi sorry I have replied but on the main thread hope
You can see it

 

[Root 66 Woodshop]

Sorry to hear about your diagnosis... unfortunately you've now got a tough hurdle to get over...

if you can provide evidence of your "disability" i.e. confirmation from a Doctor that your Fibromyalgia is classed as a disability then you can argue that with them, however would you really want the stress of that?

Your Fibromyalgia could be caused by your depression and the stress of fighting for your equal rights... despite how strong you feel about it could make you worse...


https://www.redorbit.com/is-fibromyalgia-a-disability/

Although this website is American Based, I'm pretty certain the running about you'll have to do will be the same to prove that you have a disability.

 

[Mr D]

Equality Act.
You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

The Equality Act 2010 doesn’t apply to Northern Ireland.

What ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed
  
  
• ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection
  

 

[Root 66 Woodshop]

Unfortunately Mr D... Fibro isn't recognised as a disability because it's "self-reported" ...

which is bloody daft and a terrible excuse to be honest... that's like me going into a hospital and telling the hospital I have lost my arm in a car crash... lo and behold, I had lost my arm in a car crash... but because I reported it... it's not real ... is it?

 

[Newchodge]

Depression can be a disability. However, unless you are a member of a trade union (who will fight for your rights) challenging this through the employment tribunal will be very stressful. See if you can find a no win no fee lawyer who may represent you.

 

[Jeff Nev]

Sorry to hear about your struggle; this does look like an unfortunate grey area in employment law. From what I can gather, it appears that a company has a duty to at least try to make adjustments for your needs - https://www.citizensadvice.org.uk/work/discrimination-at-work/common-situations/termination-of-employment-and-disability-discrimination. As Root and Newchodge have said however, a court case could be very stressful and potentially fruitless without trade union backing.

An alternative option if you decide against an unfair dismissal claim, could be pursuing a settlement agreement. As the company have made no effort to accommodate for your either of your diagnoses, they may be open to a resolution requiring less resource: https://www.ms-solicitors.co.uk/employee/settlement-agreements

 

[carl.atkinson]

Might also be worth checking whether you have "legal expenses insurance" which is often incorporated into another financial product (such as a household contents insurance policy), this could at least cover the cost of getting some specialist legal advice. It might also be worth speaking to your GP about your condition to see whether they think that your symptoms fall within the statutory definition under the Equality Act - I would not get hung up on the exact term that is being applied to your diagnosis.

 

[Jasondb]

Fibromyalgia is a collection of symptoms which is why you are struggling.
I have a childhood head injury and have had major problems wi-fi and smart tech, bad IBS and joint aches if I don't have a couple of snacks without salt. Doctors have been little help and don't recognise wi-fi sensitivity. I think in terms of benefits if you can walk or talk you can work. Certainly does not seem fair yet that is the system.

 

[paulears]

Fibromyalgia is a collection of symptoms which is why you are struggling.
I have a childhood head injury and have had major problems wi-fi and smart tech, bad IBS and joint aches if I don't have a couple of snacks without salt. Doctors have been little help and don't recognise wi-fi sensitivity. I think in terms of benefits if you can walk or talk you can work. Certainly does not seem fair yet that is the system.

I suspect that any illness that doesn’t have evidence to establish it suffers through the tick box approach. Sufferers know it exists and science says it doesn’t so science wins every time. If somebody is ill, with symptoms isn’t it odd that isn’t enough?

 

[Mr D]

I suspect that any illness that doesn’t have evidence to establish it suffers through the tick box approach. Sufferers know it exists and science says it doesn’t so science wins every time. If somebody is ill, with symptoms isn’t it odd that isn’t enough?

Multiple disabilities like that.
Consultants diagnose something, at best they can treat the symptoms and help patient cope with the pain / depression / benefits claims / physical aids.

 

[Jasondb]

The problem is when you have multiple symptoms doctors can't cope as you would need multiple remedies with side effects that might make thing worse. My aunt ended up on 30 medicines a day and said the NHS was wonderful, I asked if they were so good why didn't the first or second medicine work, why did you continually need more. She didn't answer just added, you have a good point there.

 

[Mr D]

The problem is when you have multiple symptoms doctors can't cope as you would need multiple remedies with side effects that might make thing worse. My aunt ended up on 30 medicines a day and said the NHS was wonderful, I asked if they were so good why didn't the first or second medicine work, why did you continually need more. She didn't answer just added, you have a good point there.

Humans are messy creatures, we develop other problems as a result of changes made to counteract particular problems.
Drugs are usually specific, though a few will cover multiple problems.
Such as metformin (a drug usually taken by diabetics) used for partial help for those women with PCOS (which is nothing to do with diabetics).

Sadly for doctors there are plenty of illnesses / disabilities that show multiple symptoms. Anyone ever had the flu? Multiple symptoms.

 

[alan1302]

My aunt ended up on 30 medicines a day and said the NHS was wonderful, I asked if they were so good why didn't the first or second medicine work, why did you continually need more. .

As just one or two did not sort out the symptoms...your question shows a lack of understanding how medicine works.

 

[obscure]

My aunt ended up on 30 medicines a day and said the NHS was wonderful, I asked if they were so good why didn't the first or second medicine work, why did you continually need more.

What makes you think they didn't work? She was still alive wasn't she? Just because she had other problems that doesn't mean a particular medicine didn't work (on the specific problem it was designed to work on).

The body is a complex system and it is often not possible to cure one problem without others occurring as a result. High blood pressure is treated with diuretics that flush fluid out of the system to reduce the amount of water in the blood. (less liquid means lower pressure). The problem is that that reduced water level can have negative effects on other areas of the body and those problems must be treated with other medication. Also, in addition to the treatment causing problems the drugs themselves may directly cause side-effects (nausea, headaches, internal bleeding etc etc).

 

[Jasondb]

I take supplements and homeopathics and wear energetic devices, due to my own problems I have helped couples with infertility, angina, flue, coughs, digestive problems back problems etc.

 

[alan1302]

I take supplements and homeopathics and wear energetic devices, due to my own problems I have helped couples with infertility, angina, flue, coughs, digestive problems back problems etc.

That's not answered the question though...what makes you think what your aunt was taking was not working? And why do you think the 1st or 2nd lot should have solved everything?

 

[Mr D]

I take supplements and homeopathics and wear energetic devices, due to my own problems I have helped couples with infertility, angina, flue, coughs, digestive problems back problems etc.

I'm just on drugs the rest of my life. Some for diagnosed conditions, some for symptoms only.
Plus some surgery to come, possibly one new knee joint.

 

[Jasondb]

That's not answered the question though...what makes you think what your aunt was taking was not working? And why do you think the 1st or 2nd lot should have solved everything?

Well she put on a lot of weight and became less and less active. She only ate meat, potatoes and chocolate muffins with tea or coffee. I know from my own symptoms if I had not changed my diet I would have developed something similar. My own child got cold sores I suggested she doubled her intake of carrots, she does not get them now.

 

[alan1302]

Well she put on a lot of weight and became less and less active. She only ate meat, potatoes and chocolate muffins with tea or coffee. I know from my own symptoms if I had not changed my diet I would have developed something similar. My own child got cold sores I suggested she doubled her intake of carrots, she does not get them now.

Was the weight gain and being less active due to the medication? Eating just meat, potatoes and muffins is not a good varied diet and not eating well won't help any one especially as they get older.

I'm sure most people will struggle just eating those foods all the time to keep fit and healthy.

Carrots contain Vitamin A which can help keep your lips/mouse moisture content higher which can help with cold sores. Eating a healthy and varied diet would help anyone. Although not sure what this has to do with your aunts medications?

 

[Mr D]

Well she put on a lot of weight and became less and less active. She only ate meat, potatoes and chocolate muffins with tea or coffee. I know from my own symptoms if I had not changed my diet I would have developed something similar. My own child got cold sores I suggested she doubled her intake of carrots, she does not get them now.

Common enough for those who become disabled (particularly if having fatigue or pain) to gain weight. And becoming less active.
Without drugs.

There are drugs around that have weight gain as a side effect affecting some people.

 

[Jasondb]

Carrots contain Vitamin A which can help keep your lips/mouse moisture content higher which can help with cold sores. Eating a healthy and varied diet would help anyone. Although not sure what this has to do with your aunts medications?

Carrots actually contain Beta-Carotene a pre-cursor to Vitamin A, I used to get terrible mouth ulcers and a dental assistant thought I had mouth cancer. So I bought Patrick Halford's book on Optimum nutrition and found by doubling my carrots or eating squash this stopped it.

 

[antropy]

As long as you have written documentation to say you have to be off work and do everything by the book then you should be ok. Alex

 

[Newchodge]

Bee1311, is there anything that your empoyer can do that will enable you to return to work in the foreseeable future?

 

[MandaBarnes]

Hi thanks for the reply this is the second meeting I had with occupational health the first one was before I was diagnosed. Today I have them the letter from the specialist who diagnosed me with fibromyalgia. When she sent the report though after our meeting she stated I don’t have a disability under the equality act and during the meeting she told me I will likely get a letter terminating my contract.
If I do get a letter terminating my contract and they don’t recognise this as a disability would I have a case for court ? And if so under what? Thanks

Have you applied for disability and been approved? If not, I don't believe you can claim a disability, unfortunately. That leaves this situation a little tricky. I also suffer from similar symptoms (they call me a "mystery" and have tested the mialgia family, as well as many others), including autoimmune issues and also depression because of it. Sadly, just having the symptoms, or even a diagnosis, does not mean you are disabled. That is something that you'll need to look into further! Good luck and prayers to you!

 

[Mr D]

Have you applied for disability and been approved? If not, I don't believe you can claim a disability, unfortunately. That leaves this situation a little tricky. I also suffer from similar symptoms (they call me a "mystery" and have tested the mialgia family, as well as many others), including autoimmune issues and also depression because of it. Sadly, just having the symptoms, or even a diagnosis, does not mean you are disabled. That is something that you'll need to look into further! Good luck and prayers to you!

Bit baffled how you apply for disability.
There are certain benefits that if you meet requirements you can get - some Fibro sufferers do qualify for PIP.
There isn't a benefit in the UK given for being disabled. Just like there isn't one for being able.

 

[MandaBarnes]

Ahhhh, I see... My apologies. I'm from the US and there are benefits for being "disabled" here. I wasn't even thinking that things would be different there, as I know a few people over there and I thought we had discussed similarities. I feel like it may be a bit trickier for you then, as it's simply a diagnosis and then words of a doctor, rather than a governmental label. That does certainly make things easier for us here, but I do hope there is a suitable option for you to obtain the help that you need. Good luck!!!

 

[Mr D]

Ahhhh, I see... My apologies. I'm from the US and there are benefits for being "disabled" here. I wasn't even thinking that things would be different there, as I know a few people over there and I thought we had discussed similarities. I feel like it may be a bit trickier for you then, as it's simply a diagnosis and then words of a doctor, rather than a governmental label. That does certainly make things easier for us here, but I do hope there is a suitable option for you to obtain the help that you need. Good luck!!!

Yes, being diagnosed helps. Least access the right drugs.
Though some illnesses can be years before a diagnosis is given. If its even a correct diagnosis...

 

[Newchodge]

Ahhhh, I see... My apologies. I'm from the US and there are benefits for being "disabled" here. I wasn't even thinking that things would be different there, as I know a few people over there and I thought we had discussed similarities. I feel like it may be a bit trickier for you then, as it's simply a diagnosis and then words of a doctor, rather than a governmental label. That does certainly make things easier for us here, but I do hope there is a suitable option for you to obtain the help that you need. Good luck!!!

There is a very simple legal definition - suffering from a physical or mental impairment that has or is expected to last for at least 12 months and which has a substantial effect on one's normal day to day activities.