Hi Gildo,
I seem to recall responding to a previous post you loaded.
At the time I said that it is very difficult for an HR department to terminate a contract for a disabled person just based on their inability to carry on in an existing role due to their disability. They must investigate your illness, carry out a workplace assessment and demonstrate that they have discussed with you and an independent assessor alternative ways that you can work.
This may mean you have to carry out another role within the organisation.
They are not required to create a new role just to accommodate you. But they must demonstrate that they have tried to find something for you.They are doing this at the moment
The problem seems to be that they have no real understanding of what you are or are not capable of due to your disability. Example :you cannot ask a person who has vertigo attacks to climb ladders. That is unreasonable. Another example is you cannot ask someone who wears a hearing aid to work in a noisy environment. A workplace assessment would identify all that.
You must ensure that you document in writing why you are turning down these job offers. This is to demonstrate at a later date that you are not just simply saying no.
It is not unreasonable to ask someone to travel up to say one hour to get to work. But for someone who has MD that would be seen as not reasonable due to the tiredness associated with the illness. Therefore traveling a long distance home at the end of the day becomes difficult.
They are clearly making an effort and they are also probably trying to build their case.
You must ensure that you too are making the effort to try and either find something yourself (where you work) or at the very least reaearch roles and departments that you could do if and when a job vacancy becomes available, This would give them something to work with.
Also be honest with yourself. There is in reality no perfect job for a person who suffers from MD and deafness. Within the organisation you work for. Therefore look at what you could do and what compromises can you make to help find a new role which would suit you better. This would help to avoid backing them into a corner where they have no choice but to say there is nothing else they can do.
I know this is VERY STRESSFUL and i myself have been down this route !!!!! I was able to secure Ill health early retirement not before they too had offered me roles either miles away or not suitable. They would not create a role for me even though i was already doing it. Because the job title did not exist in the organisation.
Unfortunately MD is a long term and very unpredictable illness. Few people understand it. Including many GP's. We have to accept it for what it is. we can't control it and we must not let it control us. We all fear the next attack and sometimes you just have to accept it for what it is. If that means changing things to make life better then that's what we need to do. I don't know your situation but would life be better if you didn't work or at least not for he company you work for now. Could you afford to stop working? Could you ush them towards early retirement? It was be the best thing i ever did. I have had MD for over 20 years and spent 14 of those battling it every day whist trying to hold down a strssful job and support my family. Now i am able to have good days and bad days at home and do the best i can each day. We have less money now and my wife has to work more but because my quality of life is better we are all happier at home.
Topic: Termination of contract (Read 562 times)