Hi all In short, my Fibromyalgia wife got her 15 point at tribunal after failed WCA and put in WRAG group. We did request support group and had good reasons for this on Reg 35(b).The first tribunal's decision was that: "We cannot see, however, how being asked to attend the occasional job focused interview could constitute a serious risk to the appellant's physical or mental health" I replied to the first tier Tribunal to ask for a change of mind or permission to appeal to the Upper Tribunal. I included a supporting report from my GP who supported our view. Their statement of reasons said that 'attending the occasional interview in our view would not constitute a serious risk to the appellant's health'. The ESA wrag group requirements from the gov.uk website which states that persons “have to go to regular interviews with an adviser. The adviser can help with things like job goals, improving your skills, work-related issues”. In my view, 'occasional' and 'regular' are 2 very different things and noted this in reply to First tier. Now they have said they can't change their decision and refused perission to appeal to Upper tribunal. I know I can appeal directly to the Upper Tribunal which I intend to do. I know the Upper Tribunal can't accept any new evidence, but could someone advise me on whether the First Tier had a duty to consider the GP report which we gave them after they refused support goup for my wife. Many thanks JTucker

Hi All, I really hope someone can help me here. My attendance in work has been irregular over the last year and a half. My employer sent me an SSP1 form saying they couldn't pay me SSP from Jan 2012 and have started claiming ESA from March 2012. However I returned to work for a couple of weeks after Jan and had another SSP payment from work in May 2012. I phoned HM Revenue last week to renew my tax credit's and told them my occupational pay will cease in August 2012 but will still be on the books (they are keeping my job open for me until Jan 2013 thankfully due to ill-health). Anyway, they waffled on about being incapacitated for tax credit purposes 28 weeks following your first day of abscence from work. The problem is my work attendance last year was so irregular and so were my SSP payments from work and am so confused what to do. I have been receiving working tax credit all throught my abscence from work 2011 and 2012. I also read that you don't count SSP payments if more than 8 weeks apart. Am really confused. On the renewal pack I had through the post it only says to tell them if you don't return to work after illness or incapacity for work. However, I intend returning to my same job in 2013. Here's a list of the months I received SSP from work so have no idea how this affects my working tax credit. If anyone can help i'd be most grateful: 2011 January - No February-Yes March- No April- No May- Yes June- Yes July- Yes August- Yes September- Yes October- Yes November- No December- Yes 2012 January No February No March No April No May Yes June No July No

Thanks for that info Becky2585, The statement: 'Reasonable adjustments are primarily concerned with enabling the disabled person to remain in or return to work with the employer. Matters such as consultations and trials, exploratory investigations and the like do not qualify as reasonable adjustments'. does not sit well with my request but as you say it is still worth suggestiong. Kind regards, Jeff.

Hi LBruk, I don't think the 'maternity' issue will warrant sex discrimination as maternity leave is legislation and bound in law. Although if they argue that my position could not be filled in my absence, then the 'maternity' element would be in my favour as maternity cover is fairly common in employment. Hi becky2585 Sabbaticals are fairly common at my workplace but only for academics (which I am not) to further their career. Within the Equalities and Human rights Commision good practice guides, they state as an employer: · You do not have to pay sick pay beyond what you normally pay just because the persons time off is disability-related. But it may be a reasonable adjustment to: - Extend their sick pay - Offer unpaid ‘disability leave’, or Allow them to take the extra time off as annual leave They also state that it is good practice to ' Allowing a disabled worker to take a period of disability leave to undergo treatment and rehabilitation'. However, whether 12 month leave is reasonable is another matter I guess? Thanks for your replies. Jeff.

Hi, Thanks for the reply, i've checked this but as it's an educational organisation, sabbatical is only available to further or enhance your professional career or carry out research to provide an outcome relevant to your area of academic field, so that wouldn't apply to me. Regards, Jeff.

Hello, I have worked for a large organisation for 9 years. 4 years ago I developed a neurological condition which has since caused me chronic absenses from work. My occupational health department has deemed my condition as likely to be a disability and has advised Human Resources that I be treated under DDA. I have spent the last few years trying various medications to no avail. Subsequently, I am due to have brain surgery to treat my refractory condition which should likely improve my symptoms sufficiently to return to work at least on a half-time basis. The surgery is likely to be this year but is not certain to be, it may be early next year. My employers have been very sympathetic and supportive over the last few years, however, due to my chronic absenses from work over the last few years, HR understandably seem reluctant to wait any longer for me to receive the surgery and seem keen to retire me on ill-health grounds which I do not wish to happen. As my sick leave and SSP are due to run out soon, I have suggested that I could take an unpaid 12 month disability leave whilst I have my surgery and subsequent rehabilitation. I suggested during my leave that my position could be filled by a temporary post as is done during such leave as materity cover. They didn't seem too keen at this idea although they are going to consider it. My question is whether this is a reasonable request/adjustment under the dda/equality act 2010? I am quite anxious about this so any response would be most appreciated. King regards, Jeff Tucker.