Sunday, December 21, 2008

Allergy 3.

Phoned Human and Equality Rights people and there is no definition of what is a reasonable adjustment at work but if you disagree, go through the internal compliants procedure, and if not satisfied an employment tribunal. So, here is what has been happening. I had a further meeting with my manager, and went through again the adjustments I would like to try. I think I have done this five times now. It's taken three months to get the air freshener out of the toilet. The meetings are exhausting. Would I try moving desk - not till I see Occu Health first. Also, had to explain to my embarrassment that the open cupboards at one of the team sections smells of pine also makes me ill, and that actually where I am is not as bad as perfume plus pine furniture.

Then I walked back to my desk, to find that the men had sprayed body spray in the toilets, and I had to get sent home.More chat, more meetings. Now a poster in the toilets asking people to refrain from spraying perfume. Last week, a risk assesment manager comes to chat (where has he been - I've never seen him before!). He tells me - well we can't ask people not to wear perfume or aftershave. So I go through again what affect that is having. One hour later, I look at my work colleagues who look at me going sleepy, and they say - 'we can smell it.'

A cleaner had opened up a bottle of disinfectant. By the time I got out the room I was unable to walk properly. I was attended to by a first aider wearing strong perfume, and sent home in a taxi smelling of incense. I had a rash across my chest, and called NHS 24 who said - if it gets worse call an ambulance.So, major ME relapse, and then a very odd phone call. A senior manager explaining I am on full pay, but have been asked not to go to work until this is sorted as they have a duty of care to me, and want to make things better before I come back.My head was buzzing - I was like, ok, but I would like to talk to my union about it. I have slept about 13 hours every night since that last reaction, I felt like a bus had hit me.

Is there anyone, anyone at all out there who has been through anything like this? I feel isolated and scared. I see OH on tue - the original appt was in a place only accessible by car which would have cost loads in a taxi, and now is in a place I can get to by taxi that I can afford.

1 Comments:

Blogger Elizabeth McClung said...

Yes, actually I have, I kept notes, like you have done and too them to the employment tribunal (EOC) which does not require a lawyer and which adjudicates over matters of workplace discrimination (under which you fall). There is usually a barrister, and some high muck on the council of three.

What you can claim, since taking notes is actually more legally binding than NOT - you made a blog and took notes hence you made a record over time as opposed to your employeers who did not. Now you need THIER records, or your letters or your notes of meetings and times and then you can request, through the EOC the paperwork which exists to demonstrate that they did NOT discriminate against you - if they chose NOT to do so, then it goes to a sort of mini trial where they HAVE to do so in front of a tribunal or the tribunal says, "Hey, that's not on! You owe her....X!" - The people at the, arg, name gone, people who help people solve community problems, office in every town, done by volunteers have lawyers in some town. Arg!

The records of the ambulances and such indicate that you have had duress. And now after attempts at no accomodation, they are asking you not to come in. Usually what happens is you file for paperwork, it doesn't appear but you start getting letters from a legal firm in London saying, "You don't have M.E." on Monday and "Your M.E. is not a severe case." on Tuesday and "Our client has accomodated you, it is up to you to prove otherwise." on Wednesday and "Our client is not required under the law to accomodate you" on thursday. Which is why it is good to go to the (ARG!) office - sorry, part of the brain that is missing. But Human and Equality rights I found to but useless, they want the BIG fight, the BIG action - EOC, is about small issues, individuals, like you - only they reflect really, really badly on the places you work for. Which is why they have already started it sounds like - they offer you about 7000 pounds to go away as 'that is the vaule of our time' and you have to give back any documents you have incriminating them and you can't mention them. You demand 10,000 pounds AND a reference to be agreed upon by representatives. And you get 9,000 BUT they demand the right to fire you. This is AFTER you have been on full pay, or sick leave for five months because while technically you can request documents through the EOC while still working and there are NO REPRISALS. I have not found that to be true. I have found that management who are not interested in accomodation tend to get REALLY narked when the boss of thier boss is asking what they have done to put the EOC on to them (see, that is what you do, you don't make your manager the person you go after, you go after the head of human resources, the departmental vice president (anyone who has seen paperwork) and then include your manager as a witness or as a person who IMPLIMENTS POLICY. Unless you think it is only the manager who is being a jerk, or if you think the upper management don't really give a damn about you - that is who you request the paperwork from. They won't give it of course. But wow, what how things change (either you get everything you want, or they hate you - sorry, but since you are standing up already and they seem to want to put you in hospital, I figure this can't be worse, and you can do it yourself, from home with a phone call). Email me and I will get Linda to look up the records of how to do it exactly and the names I am missing from my head.

Hang in there!

3:22 AM  

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