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[Jay w]

I have got to the point where i dont know if i should laugh or cry...........

Over the last yea my wifes health has gone downhill, after many tests and appointments to see specialist or consultants she was diagnosed with a severe case of M.E. she has been told she will not return to work for about 4-5 years!!!!! Possibly never

I run a small training consultancy, nothing too fancy, but it means i travel away from home a hell of a lot, currently i am in Nottingham and will be until the end of November, i go home on weekends, but because the business is still taking off i sometimes have to take jobs like this in order to keep the cash flowing in, it is the only form of income currently and is a fledgling company so it needs a lot of attention, but i feel torn between it and my wife.
My wife has for the last 10 years been employed by a large international telecommuncations company, internally they have a awful reputation for looking after thier staff, so from the moment she went off sick they have been a thorn in our sides, originally it was thought she was on a skive, they would phone her on a regular basis, even thought he doctor had written to the HR dept and requested they dont hassle her. Even now they are still not entirely convinced she is genuine and they dont fully recognise ME as a disability, they have caused untold stress on her constantly reminding her that she should be in work and reminding her that she will be disciplined for non attendance.  
For the last 6 months they have been paying her, she has a health scheme that gives the company the option to continue to pay after the 6 month SSP period, which is now up, however it is discretionary and is subject to the insuance company agreeing. It takes about 2 months to process everything and it can be a lengthy process.
We told them 3 months ago she had been diagnosed with ME all the paperwork has been submitted and is still being discussed, however her work have now said that they want to start disciplinary proceedings as her sickness is unacceptable (she has had sicknotes that take her from the start of her illness right up to date and beyond) they are looking to fire her on the grounds that she has breeched the terms of her contract   that have said that they wil not allow her to have representation at the meeting even though she is a member of a union and given her current condition i know that she will fall apart in the meeting, shre has no energy to argue against them even when she is in the right.

I have been trying to find out what her rights are as someone who has been diagnosed with this illness, even trying to find out if we need to regester as being disabled or even if this illness gives her rights under the DDA, all i come up against is frigging beaurocracy and small minded people who dont seem to want to answer basic questions about the whole process.
One person today treated me like a moron, they were sighing everytime i asked a question   i am asking the question because i dont know the answer, 20 other people may have asked thay question today, but i haven't spoken to them and i am an individual who is asking for thier professional assistance.....

As for the whole benefits thing, dont get me started on that, they wont deal with me beacause of DPA and my wife just donesn't have the energy to deal with these people, mentally she is knackered and she doesn't have the stamina to fight through all the 'dangle berries' in order to get what she deserves.....

This country and this system suck, sorry for my rant and thanks for reading, i hope i havent sent you to sleep

[CaptainZok]

If she is a member of a trade union try contacting your local union office and discussing the matter with her full time officer, I'm sure they will be able to offer advice and will take the representation issue up on her behalf. I believe the law gives her the right to be accompanied at a disciplinary meeting and I would suggest that her shop steward or full time officer would be the person to accompany her. If you need a copy of the DDA regulations send me a pm and I'll get them to you

[Auto Addict]

Contact ACAS immediately.

[megaomega123]

I suspect you are talking about Orange or 118. I have worked for both of these companies. I also was diagnosed with M.E just over 2 years ago. Before a diagnosis, I found it difficult to explain why I suddenly needed 2 weeks off work every couple of months and ended up with disciplinary hearings with both companies. I have to say that orange were the more compassionate of the 2 and offered me all sorts of alternatives.
She is fully entitled to have somebody with her during a disciplinary meeting. She does need to attend but her representative can speak on her behalf. Or you could prepare her with a written statement which her representative could read out. If they still deny her representation, then she should not attend. If it does go this way then you could look into a claim for constructive dismissal and disability discrimination.
Your wifes benefit entitlement will be Incapacity Benefit and she may also be entitled to DLA (disability  living allowance).

The way I see it with the employer is: They have a sickness policy and your wife has abided by the rules of their policy by informing them in a timely manner of her absence and providing medical certificates where required. She is not in breach of contract and she has followed the policies which they put in place.

You are welcome to PM me for any further advice, if you haven't the time to research things I will happily source information for you.
I hope your luck improves and your wifes health also  

[Jay w]

If she is a member of a trade union try contacting your local union office and discussing the matter with her full time officer, I'm sure they will be able to offer advice and will take the representation issue up on her behalf. I believe the law gives her the right to be accompanied at a disciplinary meeting and I would suggest that her shop steward or full time officer would be the person to accompany her. If you need a copy of the DDA regulations send me a pm and I'll get them to you

Cheers for the advice guys.

The company she works for do not recognise unions and will not allow them to canvas within the building, as such the don't have a on site representative.
They will not allow anyone who is not employed by the company into the building due to DPA   they claim by having members of the public in the building it poses a risk to the data that is held on file about thier customers!!!! Laughable as you would have to have a very indepth knowledge of the systems in order to be able to even access their intranet system.

We will speak to local rep and see what they say, if this goes the way i see it going i can see me getting on to the local and national papers and trying to make people see what a shower of crap they are

[Jay w]

I suspect you are talking about Orange or 118. I have worked for both of these companies. I also was diagnosed with M.E just over 2 years ago. Before a diagnosis, I found it difficult to explain why I suddenly needed 2 weeks off work every couple of months and ended up with disciplinary hearings with both companies. I have to say that orange were the more compassionate of the 2 and offered me all sorts of alternatives.
She is fully entitled to have somebody with her during a disciplinary meeting. She does need to attend but her representative can speak on her behalf. Or you could prepare her with a written statement which her representative could read out. If they still deny her representation, then she should not attend. If it does go this way then you could look into a claim for constructive dismissal and disability discrimination.
Your wifes benefit entitlement will be Incapacity Benefit and she may also be entitled to DLA (disability  living allowance).

The way I see it with the employer is: They have a sickness policy and your wife has abided by the rules of their policy by informing them in a timely manner of her absence and providing medical certificates where required. She is not in breach of contract and she has followed the policies which they put in place.

You are welcome to PM me for any further advice, if you haven't the time to research things I will happily source information for you.
I hope your luck improves and your wifes health also  

I forgot that you used to live in this neck of the woods mate, i have been told that it would be best not to name the company concerned on a public board  

She has got incapacity benefit and we are applying for DLA, where are struggling is trying to find out if ME is an illness that would give her cover under the DDA she has been told today by the HR team that the hearinf will take place on the 3rd of July and she will not be allowed to be accompanied, we are going to see the Doctor to see if we can get them to do something to help from a medical point of view.

[megaomega123]

(2) It is unlawful for an employer to discriminate against a disabled person whom he employs-
 
              (a) in the terms of employment which he affords him;

              (b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;

              (c) by refusing to afford him, or deliberately not affording him, any such opportunity; or

              (d) by dismissing him, or subjecting him to any other detriment.

Surely forcing her to attend a meeting unaccompanied is in breach of this law.

I took this from the Disability Discrimination Act 1995 (c. 50)
Can be found here  http://www.opsi.gov.uk/acts/acts1995/1995050.htm

[megaomega123]

If there is doubt as to whether M.E. is a disability. This is the definition from the Disability Discrimination Act 1995 (c. 50)

  1. - (1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.          

 (2) In this Act "disabled person" means a person who has a disability.

[Jay w]

cheers for your help guys, bouncing stuff like this about helps me a lot, i get to wrapped up in it that i lose sight of what it is i am looking for  

looks like the beers are on me at the next meeting

[CaptainZok]

http://www.acas.org.uk/media/pdf/l/p/CP01_1.pdf
Check out the core principals on page 5 and page 32 onwards and as this is from the ACAS code of practice would be likely regarded as unreasonable to ignore by any subsequent employment tribunal.
I'm sure your local full time officer will be able to make the human remains dept see sense by reminding them of their legal obligations.
Good luck and I hope your missus gets better soon.

[Allenm]

They cannot refuse for your wife to be accompanied, especially as her illness may make her need physical assistance.

If they have a concern regarding DPA (which is frankly 'dangle berries'! - someone should actually read the sodding law, the crap that is spoken in its name is unreal!), then they should hold the meeting offsite.

It may seem previous, but if they are getting as nasty as you make it sound, I would engage the services of a lawyer to represent your wife!  it may well be worth the money, you may even have access to free legal advice through your motor insurance (it is not limited to motoring issues!)

Best of Luck
Merv

[Nickbat]

Jay,

It sounds like a really rough time you're having. You have my sympathy.

Try reading this link, it may be of interest:

http://www.afme.org.uk/res/img/resources/IA%2053%20p2%20-%20ME%20&%20DDA.pdf

Good luck

[Admin]

Hmmm, my partner has ME so I can sympathise with your predicament.

As for the company.....

Then cannot refuse to allow representation at a disciplinary hearing, that is quite simply unlawful (I know my way round employment law quite well thank you). If there are any objections, from either side to a disciplinary hearing being held on premises of the employers business, then a "neutral" meeting place must be agreed.

If a disciplinary meeting would be detrimental to a persons health, then, like a court case, it must be adjourned until a time when the person involved is fit.
In the case of your wife, official notification from the doctor will do this.

If they then choose to ignore this and act unilaterally, they will find themselves on the receiving end of a writ for unfair/constructive dismissal and mental/physical anguish caused by their actions.

Considering the history you have described, they would look to settle out of court with a substanital payment to ensure the matter is not discussed (a gagging clause).

[Tony H]

Sorry to hear about your wifes situation it seems as if the company are being as obstructive as possible probably with the hope that you will be exhausted with the whole situation and give up, DONT THEY ARE WELL OUT OF ORDER.
One more point is that in addition to disability living allowance you may also be entitled to attendance allowance. I wish both your wife and yourself the best of luck in sorting this dispicable situation out.
Regards Tony

[Auto Addict]

Contact ACAS immediately.

They will be of great assistance to you, believe me, that's what they are there for.