Quick Update Spoke to a rep at the local Union branch (not my usual one - who is looking after his wife) and outlined everything (knows a fair bit as we used to be on the same team). He said that Medical Severance was getting harded to qualify for unless you were never likely to work again. I feel stuck. I can't do my current role, and within the organization at this time I am not sure there is anything I could do to provide genuine 'value for money'. I have treatments and ops looming that I will need a fair time off for. There is no guarentee these will work. Top it all off with depression and it's all getting a bit too much. Please don't read me wrong, I love my job - or did before it hurt to do it- and would love to find someway of making myself useful. But I can't even put socks on without an aid, pick thinks up off the floor/out of washing machine/tumble drier without an aid, carrying things over 2-3 kilos is too much (job suggests we should be able to life 12-15kilos). I can't even safety carry a tray with a few drinks on. I have my medical notes etc that show I have gradually had to use more and more painkillers to 'get through', and my sick record shows that I have had to take more and more time off. I am embarrassed by that. I suppose I was just hoping for the freedom to get well and recover without being constantly harrassed by my employer. Any thoughts? Hx

Thanks, Am at work tonight so expect a rather terse email from the Union as I emailed them on my last set off shifts saying all the pussyfooting around - since october last year - had to end .. things have got worse rather than better. Being in hospital did it for me. My job involves searching things and at the moment I can't even put my socks on without an aid my 73 year old mum gave me. Doing up my boots will be excruiating painful. Sorry. Whinging. Just at end of tether.

Incomprehensible is right! Do you know of anyone who has been through it.

It was initially asked of me by my Union rep after I was off for 6 weeks last year. At that time I said I didn't want to do that. I was so sure that I could make myself ok, I could cope. I have no-one else to rely on to pay the bills so it just didn't seem a do-able idea. And financially it still may not make sense. But after being hospitalized with a unrelated but not unconnected issue that required me to go cold turkey on all my pain tablets for the first time in years, and I do mean years, I had some clearness of mind. My health is more important. I could move to another role within the organization but I will be having surgery early next year that requires a potential 3 month recovery, plus follow on therapies with no guarentee the problem will be completely cured or wont come back. Even an office job would not be appropriate as seating is nigh on impossible at the moment (lay or stand). Even at my best sitting really agrievates my condition. I have wracked my brain and that covers what roles I could be offered. It was quietly mentioned to be by a manager in another dept of civil service unofficially. I am at my wits end. My initially injury can from an accident at work (unsupported by them) though I am going to appeal. I just want the opportunity to get well without excessive pressure, and to provide value for money.

Hello again, Can anyone tell me any more about medical severance after a 4.5 year injury and 10 years in service. It has been quietly suggested to me that I should look into it as a possibility and after a particularly traumatic episode this week that resulted in hospitalization I think it is time to look at other options. I work for a branch of the civil service. All help appreciated. Hx

Thanks for all the input. It is hard to put four plus years worth of reports and recommendations on here without identifying myself/employer. I think that their failure to make (in the OH docs words) a reasonable adjustment of my chair in 2006, followed by a nurse saying that DDA was 'a grey area' in reference to my back, followed by the recommendation of another OH doc that an individual risk assessment should be carried out but it wasn't (FEB 2010), followed by being told that you are going to be dismissed (March 2010) and then waiting until JULY for the company to get another OH referral together (obligatory in dismissal on grnds capability), the recommendations being made in Aug that I am likely to be covered by DDA, followed by no further company decision and here we are in December. I think it is fair to say that they are failing in their duty of care to minimize stress in the work place. They know I am suffering and being treated for depression. I also think it is fair to say these are reasonable grounds to raise a grievance. I am not a HR whizz or anything like that but I would expect my employer to be more aware of legislation than I am. I am just an oik on the floor. I am not after money or anything like that. I just want the opportunity to have treatment without line managers telling me I would be 'letting the team down'. Even my own Union rep says I have been too nice about everything. Potentially I have to face the possibility that my surgeon may say it is impractical for me to continue in my roll - but I'll cross that bridge when I come to it! It's all fun, fun, fun - NOT!

Have seen so many doctors, consultants and specialist. The Occuational Health Doctor has said my disorder is classed as a serious underlying medical condition and it likely to fall under the DDA. This was August 2010. I am hoping that raising a grievance will at least get an 'oops, sorry' from my employers, and an Emloyment Tribunal can be avoided. I will just ask them as employers why they didn't consider it before.

I should also add I had another accident at work which exacerbated my back condition 6 weeks ago and not one of my managers asked how I was on my return (two weeks off barely able to walk). Wised up this time, got photos, did accident form on day of injury, though investigation was 'thin' to say the least! It's a horrible mess - 2 injuries at work, a serious underlying medical condition, ten different types of medication, a less effective box marking after ten years of being a good performer, a line manager who lacked impartiality, accuracy and failed to keep certain information confidential, 9 months of not knowing whether to expect dismissal at any point. I hope you can understand why I am at the end of my tether.

Hi, I'm sorry if I am not making myself clear - swine flu and female issue were the only two reasons other than my back why I was off sick. I had gone through stage 1 and passed it, then was off sick with my back again and put back on it, and then more back problems and two days female issues so stage 2 implemented and then 4 months into the stage 2 I have two days off with my back and I am told report being put forward recommending my dismissal on capability grounds. No copy of this report given to me even though letter said it would be. This was 9 months ago. Interesting as no-one has ever critised my work whilst I am here. Depression has now been going on for a year. Occ health Doctor attributed chronic long term pain as a contributory factor with depression. Am still being treated for it. Never underestimate how depression saps ever ounce of life from you. So if I understand correctly - even though the injury that had created the disorder occured in 2006 and having had numerous Occ Health referrals since then my employer had no duty to look at my disorder at any point as falling under the DDA even though they knew I had to take medication to perform my job? Just want to be clear in my own mind about this.

. Hi, Thanks for the replies. I have to be careful as it would be very easy to identify my employer and then for me to be identified, My initial injury happened as a result of a task which is done no other way in everyday working life than the way I did it. My first OH referral occured after my return to work after a month off. In every return to work interview my line manager was kept abreast regarding medication I was having to take to exist on a day to day level. MRI in 2008 showed multiple prolapsed discs and ddd. Kept employer informed. Recommended for injection initially but told surgery may be possible outcome. Told employer needed injection and may need day or two to recuperate. Four days later meeting held and put on stage 1 for poor attendance. Worried sick about this so canx injection. Stupid me. It was at this point things really started going downhill with employer. Line manager sweet as pie and supportive to face. Used sickness to give me less effective box marking as ' I couldn't see the effect it had on the team when I wasn't there' and that my sickness 'let the team down'. Upto this point my sickness had been around the 10 to 13 days off a year. I had gone into work when I shouldn't, I had walked round at work clutching a hot water bottle to my back, I had struggled with the side effects of medication. In October last year during my half year review my line manager told me i was 'less effective' despite having volunteered and completed with flying colours two big projects, having a better day to day record than many colleagues and being more flexible (no pun intended). I was also told I needed to attend a stage 2 meeting - final written warning- as I had taken 3 days off with swine flu and 2 days off with lady issues (notes in a previous OH report saying I may occassionally need time off with it). This all took it's toll and I ended up having a depressive breakdown and was off work for 6 weeks. I only returned to work due to pressure exterted by line manager. Was nowhere near well enough. Had return to work interview and stage 2 confirmed. Just agreed to everything as was unwell and felt really stressed being in company of this person. Can't go into detail, but it wasn't a welcome back interview I was chastized and made to feel really bad. So persevere even though depression is awful and back giving me constant pain. In heavy snow/icy conditions is Feb I slip over walking to end of road (road impassible) only to get to work and find people who live closer have called in saying they wont be coming in due to fear of slipping. Know I would have been hauled over coals if I did this. This slip really aggrevates back condition. Take 2 days sick in March and we are back to the beginning of the story. Well done if you have hung on this far! Right from the off employers knew I couldn't function without meds. Reasonable adjustment recommendation in 2006 of personal chair ignored as not practical in current working environment. Employers known I unable to 'function' without meds from very early on. Does that all make sense? Is that yawning I can hear? All input helpful.

Hello, this is my first visit to the CAG and I am hoping for some advice. To cut a very long story short I injured my back at work in April 2006. Government employer would not support it was an injury at work even though went through all the right channels. Carried on working, taking sick when I was in so much pain I couldn't walk. Placed on sickness monitoring twice, had occupational health referrals, placed on final written warning in November last year. Had to take 2 days off in March and was told by line manager she had sent report to big cheese moving for dismissal on capability grounds (due to sickness not the quality of my work when at work) and I would hear in a couple of weeks..... then nothing. Basically referred to Occ Health again in August who say my back condition falls under scope of DDA. Wont bored you with the ensuing situation but would like experiences/advice/thoughts on the fact that the DDA effectively kicks in after 12 months (am paraphrasing, I know there is more to it). As it was clear from my sick absences that this was an ongoing condition should my employer have recognised this earlier, should the occ health advisers have known/mentioned it? It is vaguely alluded to as a 'grey area' but nothing really explicit is asked for or mentioned in the reports. Sorry, that was waffly - basically should my employer have been considering it applying once my condition had gone past 12 months. Phewww, hope that makes sense! Hx