h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

About 10 weeks ago I started a new full time job working for a small company. I was enjoying myself there and was good at my job, but unfortunately my old back problems flared up again and the doctor signed me off for two weeks.

My work were not happy with this, so I thought I'd do the decent thing and approach the subject of alternative working arrangements. They thought that a risk assessment wasn't necessary as apparently moving your desk around so your monitor sits on the other side counts as one , wouldn't let me work from home if my back started playing up in future (despite this option being offered to me should my daughter ever become ill) and they were not prepared to work with me on any other alternative arrangements. I then suggested that if they weren't prepared to work with me, maybe I should resign, which unfortunately was the option they went with

Now, I can appreciate that working in a small office, if one person is off the workload of everyone else increases, but I can't help having a dodgy back and I was more than prepared to sort something out with them, even working part time for less money. I'm particularly sad that they saw fit to let me go and replace me so quickly and I'm now in a position where I really don't know what the future holds.

That's a shame. Can you get a job at a local authority, or something like that? They seem much better at looking after people.

How long had you been working for them, Fords? Are you in a union? These would be the two most important questions to ask in case you wanted to contest what has been done to you.

Resigning because you felt there was no other option put before you by your employer could be "constructive dismissal".

Being a member of a trade union gives you access to informed advice (and maybe legal representation) in this position - even if you are the only union member in your office. Also it makes bosses sit up and think when they do, as yours have done, offer you something to help you support your daughter but withdraw it when you need it for another purpose. They have clearly said that working from home is a possibility in certain circumstances.

I was only there for two and a half months so was still in my trial period and I'm not in a union. I might still give ACAS a ring though to see what they suggest; they asked me to put my resignation in writing so I made sure to mention that I was resigning because we couldn't come to an agreement on alternative working conditions and responded to confirm, so I have something at least.

In the modern environment joining a union is like having Bupa for your work life.

Well the good news is that according to ACAS and the Equalities and Human Rights Commission, they are in breach of the Equalities Act as my back problems as classed as a disability. They are in breach of this because they failed to provide reasonable adjustment to my working environment, so as advised I emailed them and told them as much. ACAS said that small firms are more likely to shirk their duties to their employers so I just need to wait and see what my ex employers make of my email...

That's good to hear. Hope it ends with a positive resolution.

I haven't had a reply from them yet so I think that it means they are taking me seriously

Unfortunately I've had to put in a claim for ESA (Employment Support Allowance? Whatever ) to keep the government and landlord happy, which I don't really want to do because it's going to be stressful 'proving' that I have back problems. Mind you, my GP is happy to keep me signed off which helps my case!

I really don't want to live off the state though and I *can* work, but I can't predict when my back problems will flare up and I don't want to go through what's just happened every time

That's good news about ACAS. Did they give you any indication of what your ex-employers are now expected to do?

First and foremost I mostly want them to acknowledge that they cocked up. The EHRC said that as they are in breach of the Equalities Act I could take them to a tribunal, although we both agreed that it's unlikely I'd get - or want - my job back!

Probably wouldn't be a pleasant work environment. In an ideal world, they'd just admit they cocked up, that you were correct in trying to offer a feasible solution, apologize and rehire you with allowances to work from home or whatnot until your back improves.

But we all know that won't happen.

It would be advantageous to establish as to what is the causation of your “my old back problems” are and why it has “flared up again” and you should be asking your doctor for a proper diagnosis if you already don’t have one as against to him “signed me off for two weeks”.
Ask for a MRI scan, I did, I later found that I had damaged 4 discs in my back, I was told by all concerned( doctors, consultants , you name it) that the backs natural healing process would with gentle exercise correct itself leading to a recovery from the sciatic pain I was suffering from.
RUBBISH, after almost 3 years of pain, Hugh amounts of tablets, unnecessary side effects, endless lengthy appointments, I now find that after a second MRI scan my condition has worsened, a neurosurgeon wont operate and I’m left unable to work and visiting a pain clinic to manage the pain.
In your case it might not be so bad but you need to know why your back hurts so that you can affect an appropriate lasting return to work.

I was reading an interesting article just a couple of days ago, and of course I can't find it now, that dealt with, among other things, how advances in such things as MRIs hasn't really helped with diagnosing and treating back pain. It spoke of the history of how when MRIs began being used for back pain diagnoses, they did indeed find all manner of things such as herniated discs and other anomalies. Unfortunately when they started scanning people with no complaints of back pain they found just as many "injuries". Complex systems are notoriously difficult to pinpoint causality... CAUSALITY!

That was the trigger I needed. Here's the article.

http://www.wired.com/magazine/2011/12/ff_causation/all/1

You might want to read this. It's not specifically about back pain, it just mentions it among other things that point out how hard or possibly even impossible it is to find causes in complex systems.

Anyway, by all means, get an MRI if you feel you need it but keep in mind, it may lead to unnecessary surgery or treatment.

Back pain is notoriously hard to diagnose.

Thanks, that was a very thought provoking article

Back pain is indeed hard to diagnose, which is why GPs generally tell me to take painkillers and take it easy. I did injure my back years ago with an ill-judged jump into a bale of straw, but I've only really suffered from back pain since giving birth.

My abdominal muscles are knackered as they had to be severed as part of the C section, which is really bad news for my back as they are important for stability. I've suffered from a slipped disc twice and had medics advise me that it could be muscular or it might be something else. I've tried to tone my abdominal muscles with various exercises with no luck and my GP has told me some women never recover fully - great My spine's curvature is also quite pronounced on the bottom curve, which means that everything is really compressed in that area and the only way to resolve it is by surgery, which I really don't fancy at all.

Work wise, I'm told I am eligible for ESA but when I go for my work capability test I just know they're going to tell me I'm fit for work, which technically I am so that's fair enough, as long as any potential employer doesn't mind making those reasonable adjustments Mind you, my GP is actually happy to keep signing me off but I don't want to live off the state - I'm too proud for that! I've now decided to set up my own business so I can work from home and have the freedom to go for a wee walk or a lie down when things get bad, which I think is the most sensible option really.

And from one wall of text to another!

I called the lady at the agency who got me the job in the first place. At first she didn't believe me and thought it was all sour grapes on my part because my ex employer had told her I was off sick all the time (other than my doctor signing me off for my back, one day off for a migraine and another because my daughter was sick isn't a big deal, surely?). She then tried to tell me that I had to be reasonable, I should have told them about my back problem and to stop changing my story (she wouldn't let me explain as she kept butting in).

I politely told her to STFU and listen, and she soon changed her tune when I told her I'd taken legal advice and had no legal obligation to tell anyone about my back. I don't even have to tell anyone my real date of birth if I choose not to! She then wanted me to outline everything in an email and said she was going to phone my ex employer, but I declined as I only phoned her to advise her of my side of the story.

One week on and I haven't heard from my ex employer. They have until next Friday before I take matters further. They'll soon regret messing with me

Have you ever tried a kneeling chair? They're supposed to quite good for backs.

I haven't but they look more uncomfortable than anything

We'll they're definitely not great for napping, but for working at a desk, the keep your back better aligned.

My boss had one in a previous job and it was surprisingly comfortable.

I like your attitude “I politely told her to STFU and listen”, that’s the attitude you need to have to get anywhere, stand up for what you know to be right, playing fair often satisfies the moral ground but in this day and age, of dog eat dog , you need to have teeth.
I get ESA, mine originally was based on Contributions (those that I had paid in after 35years of hard graft, paying my taxes and working very hard),but the Government (the robbing B******S) used an out dated ruling to force their legislation through parliament after the House of Lords had rejected it umpteen times. So some snotty civil servant phoned me up to say I was no longer going to get any money( uncaring b*****d ) and to rub salt in to a wound they then sent me endless letters pointing this out.
Good job we have the internet, as I was able to reapply after learning as to what are my Rights( which no one in government thinks of telling you about) , I’ve got my ESA payments reinstated, just as well , otherwise I would have starved to death.
I too have to attend work capability tests,my conditions prevent me from working and to support that I have a record of every appointment with a medical professional over the last 3 years (it now runs to 6 full detailed pages, including MRI scan results, the works).
If you can get your own cottage industry going , good for you and I truely wish you well, if your entitled to ESA, take it, as if your liken to me and in constant pain 24/7 then you do not need to feel guilty.