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The Snoring & Sleep Apnoea Forums

Employer wants a drs letter

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KHPCOOGAN67
Private Snorer
Posts: 1
Joined: Thu Sep 07, 2017 3:32 pm

Employer wants a drs letter

Post by KHPCOOGAN67 » Tue Sep 12, 2017 12:47 pm

Hi first time poster here, so hopefully this is the right place.

Was diagnosed in July last year with 65 Apneas an hour. Had struggled for ages with fatigue in the afternoons and switching off. I actually thought I was dying.

Anyways, my work allow me to work 6 hour shifts in the mornings anytime between 7.30am and 2.30pm as the area manager at the time knew i struggled with my energy levels and was worried incase I switched off. Even though I'm still feeling drained in the afternoon, it meant my work wasn't affected.
14 months later, I have a new area manager, who as far as she is concerned, states, everybody gets tired, so I won't allow you to work mornings anymore, I want you to work 3 10 hour shifts, anywhere between 7.30am and 11pm.

She won't accept my diagnosis letter, nor my ongoing appointments at the sleep clinics. She will only let me continue to work 6 hour morning shifts, if I provide a letter from my GP to say I can only work that.

Any advice on what I should do?
I am going to the walk in sleep clinic tomorrow and have booked a GP's appointment, but I'm not sure if I can actually get what she needs.
Thing is, I'm not looking to get out of work, I'm actually prepared to do my week over 5/6 days rather then 3 days.

Thanks

Nuneatonman37
Captain Snorer
Posts: 144
Joined: Tue Sep 05, 2017 7:55 pm

Re: Employer wants a drs letter

Post by Nuneatonman37 » Wed Sep 13, 2017 9:09 pm

Hi ,
With regard to your problem you have osa which is classed as a long term disability you are covered under the Equality Act of 2010 for this condition .
Google this act and then take the facts to your employer you will find that they need to make reasonable adjustments to keep you in your employment.
If your in a union or have free legal advice please seek it .
I'm sure once you start stating this act your employers attitude will change .

Kind Regards,

User avatar
Sleep2Snore
General Snorer
Posts: 2870
Joined: Tue Oct 14, 2008 10:20 pm
Location: Aberdeenshire

Re: Employer wants a drs letter

Post by Sleep2Snore » Wed Sep 13, 2017 11:28 pm

I would explain to both the Sleep Clinic what is going on and hope they back you up.
However, read the following.

https://www.britishsnoring.co.uk/sleepi ... he_job.php

http://www.rightsatwork.co.uk/employmen ... ation.html

http://www.focusondisability.org.uk/sle ... guide.html

This is quite important:
"Duty to make “Reasonable Adjustments.”

The times when an employer is obliged to consider making reasonable adjustments includes:-
· When recruiting and interviewing for an employee
· When an employer becomes aware of an employee’s disability
· If an employee asks for adjustments to be made
· If an employee is having difficulty with any aspect of their job
· If an employee’s sickness record, length of sickness absence or delay in returning to work while off sick is linked to their disability.

In appropriate cases, reasonable adjustments could include:-

· Making adjustments to the employee’s duties
· Allowing the employee more time to carry out a part of their duties
· Adaptations to their work station, equipment or seating
· Adjustments to their working hours or breaks
· A phased return to work following illness
· Allowing the employee to work from home
· Allowing time off for treatment
· Access to facilities for the control of their condition
· Availability of written material in large print
· Disregarding disability related sickness absences when operating an attendance management programme
· More time to pass their probationary period
· Redeploy the employee to an existing vacancy

Not all these examples would be appropriate in all circumstances, the key question is whether the proposed adjustment is reasonable. What is reasonable, may depend on:

· the extent to which taking the step would prevent the effect in relation to which the duty is imposed;
· The extent to which it is practical for the employer to take the step;
· The financial and other costs which would be incurred
· The extent to which taking it would disrupt any of his activities;
· The extent of the employer’s financial and other resources;
· The availability to him of financial or other assistance
· The nature of the employer’s activities and the size of the undertaking;

A detailed guide for employers on making reasonable adjustments is available from the Equality & Human Rights Commission
I think she is just making life difficult for you, however print out the part about the employer making reasonable adjustments.
Good Luck. If you have a union go and see them also.
S2S - Sleep2Snore

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