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Settlement offered for RA

Discussion in 'Workplace dilemmas' started by Dinah23, Feb 28, 2017.

?

Would you accept the settlement?

  1. Yes

    1 vote(s)
    25.0%
  2. No

    3 vote(s)
    75.0%
  1. Dinah23

    Dinah23 New commenter

    Hi all,
    I made this post because I need urgent advice for ongoing settlement. I've been recently diagnosed with RA and Fibromayalga after taking 3 months off for having had what the consultant told me a severe flare up which rendered me completely debilitated and confined to bed.
    Subsequent to having OHP meeting where he confirmed my condition, I went back to work on phased return building up to full time which was killing me physically and mentally from the pain.
    When I requestedto got P/T, HT offered me a settlement. I contacted my union but I'm afraid not much helpful advice.
    I'm not sure what to do or whether this agreement is good or if the reference is OK or what to do. I need help!
     
  2. GLsghost

    GLsghost Star commenter

    Unions again!!!!!

    Ring the regional office and if you get no sense, ring head office and shout loudly.

    The employer of a person who is disabled according to the provisions of s6 Equality Act 2010 has a legal duty to make reasonable adjustments to enable the person to work. Reducing hours can be a reasonable adjustment.

    http://www.arthritisresearchuk.org/...matoid-arthritis-patients-return-to-work.aspx

    It sounds as if your HT cannot be ***** to deal with this and is offering a settlement as a way of getting rid of you and avoiding any complications from employing a disabled person.
     
  3. GLsghost

    GLsghost Star commenter

    Oh and NONE of us on here can advise you in respect of a settlement.

    You must be given paid access to independent legal advice about the implications of this.

    Do NOTHING without legal advice!
     
    pepper5 likes this.
  4. Dinah23

    Dinah23 New commenter

    I feel absolutely awful and humiliated. I'm in touch with regional office bur not much help.
     
  5. GLsghost

    GLsghost Star commenter

    pepper5 likes this.
  6. grumpydogwoman

    grumpydogwoman Star commenter

    Dismissal n grounds of ill health is a lengthy process.

    I think your HT is hoping to be able to avoid this. It is an HR nightmare and may easily not result in you retaining your job and the HT is not obligated to create a part-time job for you. Only to give you the opportunity to apply for more suitable jobs. Including part-time. But, if these don't exist, one cannot be created just for you.

    Taking a settlement with agreed reference would allow you to look for a post better suited to your needs. That will be the reasoning behind the offer. A settlement is always a compromise. Neither party is compelled to undertake a course of action which could end badly for either or both.

    Do you think the HT is withholding an opportunity?
     
  7. GLsghost

    GLsghost Star commenter

    Yes it can, if it is reasonable for the employer to do so.
     
    squashua likes this.
  8. GLsghost

    GLsghost Star commenter

    Reduced hours in the current job, or alternative reasonable adjustments, may suit the OP's needs perfectly. Why should she have to look for another job - and expeience difficulty obtaining one?

    Possibly. It is more likely that the HT wishes to avoid having to deal with a disabled employee.
     
  9. grumpydogwoman

    grumpydogwoman Star commenter

    Have the governors acted equitably? Have they attempted to find suitable employment?

    Unfortunately on this tablet I can't work out how to copy and paste but the legislation I have reviewed states nowhere that a post must be created.

    The OP has suggested part-time but it may be that there is no business case for this and the employer cannot be compelled to offer such a position. We don't know if reasonable adjustments have been suggested or whether any medical advisors have been invoked.

    The OP certainly should not be rushed into anything. The union really needs to come up with some reasoning even if they do decide to sit on the fence. It is not for the union to decide. Simply to advise.

    In short. Sit on your hands.
     
  10. GLsghost

    GLsghost Star commenter

    No-one has suggested that it should.

    The employer must consider such a position if it is reasonable to do so. A reasonable adjustment could include offering the employee a completely different job.
     
    squashua likes this.
  11. mazpaz

    mazpaz Occasional commenter

    In my case the job offered was in an area of the school I had no experience in, would have exacerbated my condition, was not a teaching job but a TA's job with a pay-rate that didn't reflect even and HLTA. They find ways round it - but by all means see what the alternative is before deciding.
     
  12. Dinah23

    Dinah23 New commenter

    I'm sorry for not responding yesterday, I was in so much pain.
    Thank you both for your advice. HT has just agreed yet another pt on return from maternity.
    I was told by unio I can't access the settlement legal team until I agree in principle on the settlement and reference. I was pushed into agreeing a settlement which I'm not happy with but didn’t sign anything yet.
    It's very clear the school doesn't want to deal or support me to do my job which I find ironic since they can't fault my teaching???
     
  13. Dinah23

    Dinah23 New commenter

    My HT offered supply work or change contract to be paid hourly
     
  14. Dinah23

    Dinah23 New commenter

    I shouted and asked for another advisor and guess what? Their response is If you're not happy with SA then withdraw.
     
  15. GLsghost

    GLsghost Star commenter

    Not a good enough reason.

    Do you have legal cover on your home insurance? Otherwise ring around and get a free half hour with a specialist employment lawyer.

    Also ring Equality Support helpline I gave yesterday.
     
  16. GLsghost

    GLsghost Star commenter

    Unlikely, unless he was arrogant enough not to have taken legal advice. That would have landed him straight in a Tribunal. :rolleyes:
     
  17. Dinah23

    Dinah23 New commenter

    It offers flexibility so when you're sick you don't have to work, he said
     
  18. GLsghost

    GLsghost Star commenter

    Sue him - if he said it.
     
  19. grumpydogwoman

    grumpydogwoman Star commenter

    Why are you in agony today? Could it be that they have a point? That such a contract would indeed offer you greater flexibility?

    What part-time hours had you in mind? Can you go to them and say you have identified a need for a part-time HoY or job-share or something? What opportunity do you see for yourself? What might be your niche? They seem to be offering to accommodate you. Admittedly not in the way you want. It sounds as if they are engaging with you and that, given your potential for excruciating agony, it might be a way forward although it offers such poor job security and guaranteed income.

    You should certainly be looking at what is available and whether somewhere else might offer you something more acceptable.
     
  20. GLsghost

    GLsghost Star commenter

    Or, as an alternative - and here's a novel idea - the employer could meet his obligations under EU and UK law... :rolleyes:

    It is for the employee to propose what reasonable adjustments could be put in place to enable her to work with her disability. It might be a change in the way she works; or the provision of something physical that could make life more comfortable.

    A reasonable adjustment is not to take away an employee's career and contract of employment and replace it with something that effectively dismisses her and substitutes something that, as you say, offers no job security or guaranteed income.
     

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