Getting back to work.

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pogitt01
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Joined: Thu Aug 15, 2013 12:31 pm

by pogitt01 on Thu Aug 15, 2013 12:53 pm

Getting back to work.

Good morning, I have had CFS since 26/06/2012 and have not worked since then, as I am not fit enough to return to the job that I once held. It was as a portering supervisor in an NHS Hospital and I have worked there for 18 years. They have been good and followed their contractual obligations. But I am now outside of that, and I am not receiving any payment from the trust.
My problem is that everyone from my GP, Occupational Health Dr, and Manager agree that I am not capable of returning to work, and that there is no role within either the department or the trust that I could do part time, and from my own perspective I do not want to return to be constantly reminded of the person that I once, was and that I am no longer capable of being.
I would like to try and move forward with my life, and find out what I am capable of, but I am stuck in a loop as the trust will not release me from my contract. So I have no P45, I cannot access any more benefits i.e. jobseekers allowance, and I cannot look at applying for any part time jobs as I have to be signed off sick from the trust for me not to have to return to a role that everyone says I am not able to do.
Can anyone please advise me on how to move forward, and try to make a new life for myself.

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Dr Charles Shepherd
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Joined: Wed Aug 07, 2013 11:30 am

by Dr Charles Shepherd on Thu Aug 15, 2013 1:06 pm

Re: Getting back to work.

Some general points on Employment and ME/CFS that should be of help:

1 We have an MEA information leaflet that covers all aspects of employment, including adjustments at work and strategies for return to work. This leaflet also covers how the 2010 Equality Act and the (previous) Disability Discrimination Act (DDA) applies to employers and employees when it comes to making suitable adjustments to accommodate employees with ME/CFS.

2 We have two leaflets that cover issues relating to obtaining an ill health retirement pension and how prognosis and permanency should be viewed in relation to applications for retirement on the grounds of permanent ill health in ME/CFS. We also have a leaflet that covers problems relating to permanent health insurance (aka income protection) policies.

3 The DDA and Equality Act may also relevant to a situation regarding possible dismissal if you are no longer able to cope with the workload. The chapter on Employment in 'Living with ME' (Vermilion paperback available free from any public library) has details of cases where the DDA has been used by people with ME/CFS in employment law disputes. The MEA website news archives has details of more recent employment tribunal cases - if you need to follow this up in due course. Details of an important precedent DDA and ME/CFS case (O'Neill vs Symm and Company) can be found in the DDA section of the MEA booklet below and in the Vermilion paperback.

4 We work with a firm of London solicitors who deal in employment law - but any consultation here would be on a fee paying basis. More information on their services can be found in the current issue of ME Essential magazine.

5 We also have an employment law solicitor who is willing to provide some preliminary free information to MEA members.

6 The MEA booklet for doctors referred to below has a section on employment issues that can be shown to your occupational health department/physician.

7 Information about what to say to an employer about your state of health is covered in an item in the Spring 2011 issue (page 11) of ME Essential magazine.

8 Re DDA and 2010 Equality Act:
I established that ME/CFS comes under the DDA when I appeared as an expert medical witness in the O'Neill vs Symm case. ME/CFS is listed as a condition that comes under the remit of the 2010 Equality Act.

9 If you are continuing to work with ill health or disability you should check whether your employer has a policy of Disability Leave. I have written about Disability Leave in more detail in the current issue of ME Essential magazine.

MEA website: http://www.meassociation.org.uk
Dr Charles Shepherd
MB BS, Honorary Medical Adviser, ME Association

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