Question

I have been fortunate and reached a point where my condition has improved and been stable for some time. So I feel confident enough to try and return to my job on a part-time but flexible basis. I have discussed this with my GP and the occupational health department at work – both of whom agree that a phased return to work would be worth attempting. I have also had what I thought was a sympathetic appointment with the HR (human resources) department of the large company that I work for. However, I have now received a written summary of the proposed adjustments to the work I do and the way in which they intend to reduce and adjust my working hours – which are both OK.

Although the immediate reduction in hours on return is perfectly reasonable, my employers are working on what I believe is a totally unrealistic idea that I will return to work on a part-time basis and then progressively increase my hours over the next two to three months. They don’t seem to understand that any further improvement or adjustment to returning to work if you have ME/CFS is going to be slow and unpredictable. So their plan for a rather inflexible and progressive increase in hours of work could actually cause a relapse in my condition.

What can I do apart from change my mind about trying to return to work?

Answer

Whilst you have what appears to be a reasonably sympathetic employer and occupational health department, the problem lies in their lack of understanding about ME/CFS. This is probably combined with misinformation or lack of information about both management and prognosis/outcome in the illness.

So my first piece of advice would be to go through all the information for employees, employers and occupational health staff that is in the MEA information booklet on Employment with your contact in the HR department. This booklet covers phased return to work and summarises the way in which the relevant parts of the employment section of the 2010 Equality Act normally applies to people with ME/CFS.

Secondly, you need to go back to the occupational health department to see if they will agree that an important part of the return to work plan is unrealistic. You should also see if your GP will write a suitable letter of support.

If common sense won't prevail regarding the hours problem, you must go and see your trade union or professional body representative, before making any further decisions. If you still feel you want to go back to work, you could request another meeting with HR and occupational health, at which your representative should be present, to discuss the proposed amendments. If the situation cannot be resolved to your satisfaction, your trade union or professional organisation should then provide you with legal advice, if necessary.

If you don’t belong to a trade union or professional organisation, you will need to take advice from a solicitor who specialises in employment law. The Citizens Advice Bureau can often be helpful here in providing a local contact.

• The MEA has a very comprehensive guide to all aspects of employment and occupational health in relation to ME/CFS
• Please let us know if you have been in a similar situation and whether you have any further advice that can help to resolve this type of problem. You can email feedback@meassociation.org.uk

See Also: Employment: Disclosing Medical Information, Employment: Ill-Health Early Retirement

More Information:

• The ME Association also has a booklets on Occupational Health and Ill Health Pensions which some people may find informative.