Help, disability, off sick - what next?

[joejohnson1256]

I really need some advice please...

I am a designer and my job involves working at a desk for 40 hours a week.

I have chronic migraine which has disabled me for 2 years so far, I stuck at my job but due to screen use and stress my health spiralled downwards. I have now been off sick for 5 months.

My doctors have advised I need to dramatically reduce or stop screen use as it makes me really unwell. I have improved somewhat since being off so I do agree with this.

My employer wants to discuss returning to work, so I have given them a list of ideas for adjustments that could be made - along the lines of flexibility, reduced screen time, reduced hours, and better processes to reduce stress load. They have also written to my doctor asking for a report, which I am waiting on.

I don't really know where they stand yet, but I know my employer and the adjustments will never happen, they will be thinking 'how do we get rid of her' (despite winning numerous awards for employee wellbeing!). When I met with them they tried to push me into resigning but I stood my ground and said I need to know what adjustments they'd be willing to make.

I have resigned to the fact I need to leave the job and work for myself to allow all of the adjustments that I need to best manage my condition... but I don't know how to navigate my way out of this mess.

I also feel I am owed something, I was discriminated against when I was in work and a lot of their behaviour contributed to me breaking and being off sick for so long - one occasion they completely ignored my fit note and made me do something I shouldn't be doing. I don't want it to go further legally but I am hoping to get a settlement agreement from it.

What are the options next? If they decide I'm not able to do the job by arguing if I can't use a screen for 40 hours then I can't be a designer... is it their decision or mine? What will I get paid - is it my notice pay at full pay or is it just the SSP?

I just don't know what to expect or how to make things go the way I need them to. Any advice would be hugely appreciated

 

[pentel]

"My doctors have advised I need to dramatically reduce or stop screen use as it makes me really unwell. I have improved somewhat since being off so I do agree with this."

Resigning may be best for both your physical and mental well being, sometimes it is best to move on and get on with the rest of your life.

 

[Mr D]

Sounds like not a lot the business can do with your job to make it easy for you. Change of job within the business maybe? Or try a different career where screen use is minimal / none?
Or even as its chronic, benefits and pension route. Not ideal but if you cannot do stuff because of the migraine then not many viable options until later.

 

[Newchodge]

I don't want it to go further legally but I am hoping to get a settlement agreement from it.

I have never met an employer who would offer a settlement without, at least, the threat of legal action. You are out of time to take any action over possible discrimination as that needs to start within 3 months of the act of discrimination. If they made you do something against the fit note advice you may have a personal injury claim, if you can prove that that specific act caused you injury. You would need to speak to a personal injury lawyer. Did you object to doing what they required?

Normally notice pay is at full pay, but that can vary, depending on the circumstances.

 

[sjbeale]

If your employer fails to put any reasonable adjustments in place then you may have a claim in an employment tribunal. You could potentially refer back to the fit note issue however GP advice on a fit note does not necessarily have to be put into practice. Perhaps you should return to work after having had a documented meeting with your employer to discuss the situation and the adjustments then both of you should monitor how things go. If the adjustments are put in place they could help you manage the work.