Final Written Warning from work

[Galloway2410]

Hi Guys

Need some advice. I have been working for my employer for over 10 years. I have always had type 2 diabetes since I have worked there. This year my health took a turn for the worse. I had two strokes effecting by side of my brain. I was unable to work for six months. I received sick pay and my work was informed however when I returned I received my first written warning. Once returning to work I developed a DVT which left me again in hospital and having time off for a month. I again returned to work and received my second written warning for time of sick. I then required an operation on my toe which was caused as a complication of having diabetes, which then got infected which caused me to have another month of work. I just returned to work to receive my final written warning and been adviced I can not have anymore time of work for 12 months. Is this legal. All condition are related to my diabetes.

 

[Fayefaye1429]

Have you been through their occupational health? I e seen a nurse through h r

 

[andcol]

I think you need to get some legal advice.

 

[Shar67]

This is normal legal procedure unfortunately.

 

[NinaB73]

I don't understand why you had written warnings for being off sick?? This is unacceptable! Regardless of diabetes! Is there more to it than that? I sympathise with you! It sounds an awful experience that you are going through and as others have said I would certainly seek legal advise with this! I may be in the dark ages as I am self employed but this does seem grossly unfair! Let us know of the outcome as I would be interested...I may not return to the world of employment if that is the case

 

[Fayefaye1429]

Most lawyers give 20 minutes consultation free but not all. You could check with a lawyer, citizens advice are awesome. I am sorry your going through this it's hard to say where you stNd though. Maybe it's about a plan maybe getting your contract someone in the legal side and if you have a union they can really help. Also maybe as part of the plan you can get your consultants and doctors to support with letters e t c.

 

[AndBreathe]

Hi Guys

Need some advice. I have been working for my employer for over 10 years. I have always had type 2 diabetes since I have worked there. This year my health took a turn for the worse. I had two strokes effecting by side of my brain. I was unable to work for six months. I received sick pay and my work was informed however when I returned I received my first written warning. Once returning to work I developed a DVT which left me again in hospital and having time off for a month. I again returned to work and received my second written warning for time of sick. I then required an operation on my toe which was caused as a complication of having diabetes, which then got infected which caused me to have another month of work. I just returned to work to receive my final written warning and been adviced I can not have anymore time of work for 12 months. Is this legal. All condition are related to my diabetes.

All firms will have an absence policy, which will outline the terms and conditions by which the employer and employee are held during periods of absence from work. It would usually include sick pay arrangement and the like.

If you have an employee handbook or intranet, you should look up the relevant section and read it carefully. That may well explain where your employer is coming from. Have you discussed the issue with your Manager? Did he try to explain the company's position?

Unfortunately, an employer is usually able to manage employees out of their business, where necessary, although it isn't usually a quick situation. Diabetes may muddy the waters slightly for all concerned, but diabetes doesn't build a ring fence around us.

In your shoes, I would want to be taking advice urgently. Starting options would be: A lawyer (potentially expensive), Citizens Advice, your union, if you have one.

 

[dannyw]

If you have reached sickness level target, they can issue a warning. Your only ammunition is to ask for a meeting to discuss "reasonable adjustment" due to your diabetes under The Equality Act. This could mean your employer may adjust sickness trigger points to a level that would protect you from written warnings. Very woolly, grey area though. Good luck.