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Fear my company are starting to build up case for eventual dismissal

leahkian said:
Hi Hibby65 i have been reading your posts and see things seem to be getting better. I once worked in a factory where if you were off 3 times in a year you had to have a meeting with HR, this happened there was me, my shift manager, factory manager and HR. The woman from HR started my giving me the dates when i had been off which in total was 10 days and asked me to explain why i was off to which i replied have you not looked at my file. She said why does she need to look at it, the 2 managers could see i was ready to explode but the factory manager asked if i could wait outside for a couple of minutes and then called me back in. The HR women said could the company do anythings to help i said yes take the diabetes and renal failure away, she just looked and then i said you could stop wasting my time so i can get back to work. The shift manager looked at me so i said if i had taken 2 separate 5 months off i would not be here so maybe you want to look at that. Not long after we were all put on a agency books so we had only month to month contracts, i worked there for another year and was going to start a night shift when i was called to the managers office to be told that they were laying me off even though i was the most qualifed of all the temps. So i said if thats the case i am leaving now as i have 30 days holiday to take, the manager said i could not do that i said i could as i worked for a agency and told him i would be back in on monday at 11 am and to have HR their. I went and we all sat there and i said what type off factory gets rid of staff who have been trained the most, and after i got cut from a bit of plastic under the eyes was there a mask and gloves there the next day and that the reason i was picked out was i was a diabetic. They said that was not the case, i said i am one of only 6 people who could start the new machine up and there were men who had been there 20 years and could not do it including my shift manager. With that i said i want my 2 weeks pay that i was due and also i was owed 39 hour which i was going to take as holidays but now i wanted the money instead and as 2 of them were sundays it would be time and a half and all my holiday pay. They said i could not do that so i asked for the acciedent book and showed them the entry and also a email off the agency which showed the extra hours i had worked and that i was going to see a lawyer about wrongful dismissel. after that they agreed to what i asked for and said if any jobs came up they would phone me.
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Hi really sorry to read about what happened to you and well done for sticking up for yourself. I hope that work wise things have fared better for you and that your old company now realise what they are missing.
 
I don't think they can dismiss you, anyway you can sue them
 
I hope things work out well for you Hibby65
A couple of points I would add, first being is to recognise that companies will rarely show loyalty when push comes to shove and whilst I wouldn't want you to worry, facing that it maybe unwise to trust that they will 'look after' their staff when called upon. They might do but I have learnt not to expect too much. Take advice as others have recommended and ensure that you honour your responsibilities to the book. Employers commonly don't follow their own policies and end up on the wrong side of legal wrangling if they aren't careful.
Second point relates to your pension and whether there are any special terms included for members if and when the company decides to terminate service on grounds of impaired capability due to ill health and where a valid medical retirement certificate maybe in order? Not suggesting this will apply to you at all but worth knowing if there is anything there that could actually give you enhanced pension should special circumstances ever arise.
 
Isnt there a Union that you can join ?

I take it that it is a private org you work for not Govt org ???????

50 sick days over 50 days is not bad,thats 10 sick days per year

How many sick days per year are you entitled to?


Isnt it minimum 8 sick days in a private organisation.?

But with 19 years service you have bigger entitlements so 50 sick days is not bad


I would keep a diary if i was you , they are bluffing you ,

Please give us updated it sounds like your being bullied and discriminated against

If i was you i would be seeking counselling about the trauma they are outting you through with their bluffing you because they are
 
Hibby65 said:
52 m Type 2- 5ft8" 17 1/2 stone - poor control in past but now last 6 months been good - last 2 months - spot on re BS levels

Had a recent bout of sciatica - really bad - was signed over for approx 5 weeks from work, during this time in the last week had to go to A&E with double vision headaches and pain in eye. Eventually diagnosed with 6th nerve palsy - which should clear up in 2 months

My job is dependent on driving so to my relief after some tests and some prisms being fitted to my glasses consultant said OK to drive. Smallish team - 20 at work -but in the dept I work in only 4 of us do the specialised job - and its not the type of job where when short they can call up an agency for a replacement. Someones off - everyone just has to share the work load.

Returned to work - expected a frosty reception but didn't expect the hard hitting and very distressing "return to work" interview I got. Normally its just my manager - go through the normal how are you - are you better - are you 100% back to work or light duties. what remedies / medicines did you / are you taking.

This time our Managing director was there and after about 1 minute of the normal charades of pleasantness I was told in no uncertain terms that my level of sick days over the last 5 year and now this was unacceptable 50 days in 5 years. I said that two years of ago I was in hospital with Gallstones / which led to Sepsis then kidney failure - so that was approx 30-35 days of the 50. Also I have been with the company for just over 19 years so what was my record like overall. Was told this was not important that progressively my illnesses (all with doctors lines) had built up to a level where if I was sick again in the future for a lengthy period then my ability to do my job would be seriously reviewed and they company cant keep covering for me like this, Also if my eye problem did deteriorate then I would lose my job as driving was essential to my role. In their opinion these illnesses have arisen from my previous poor control and will not be tolerated, I said that I was aware of the driving issue but had even wondered that god forbid I lost the ability to drive I could move house / walk to work / do a desk job - was told not to bother as that wouldn't even be an option he would consider. What assurances / efforts will I take / make not to be long term ill again, So stunned I cant recall what I said then meeting ended

Don't forget - 52 yrs old been with company over 19 years and constantly been told how valuable member of staff I am in appraisals - senior guy with tons of knowledge and usually the person they go to to train people in new things - but no extra pay.
Live about 40 miles from work as they closed my local office down and relocated me to main office. Lastly the job I do requires quiet specialist knowledge of transport / logistics but sadly there are only 3 other companies all based in the same area that do the job I do - so if I cant drive cant see them wanting me. No union and other guys in me team unsympathetic saying my poor control of diabetes in the past is all to blame so self inflicted.

If I didn't have a wife and kids to support and a mortgage I would have resigned there and then. Main reason I stay - pension and the life insurance that comes with it free of charge. Without that safety net couldn't afford or get life assurance cover I could afford, and mortgage provider said this would be a problem.

Must admit worried sick - had a we bubble to myself and sleepless night. My wife is supporting me but I know she is worried out of her mind.

Spoke to my manager today and said I was stunned and saddened about the meeting yesterday and asked are you actively planning to sack me soon / next time Im Ill. She said no as far as she was aware I had just placed them in a awkward position at being ill as they see it far more than the other guys doing my job, I broke down in tears - pulled myself together and said we need to talk again but I was too fragile at present. She asked if I wanted the MD there I said preferably not but how can I stop him

I feel all alone - apart from my wife and immediate family - no one else to talk to about this - so thought you guys might have some advise. Sorry about the length of post just wanted to give you as much info and get things off my chest.
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Let me see if I can suggest a rather different approach to your problems Hibby.
I'm 63 and was diagnosed with T2 and a HBA1c of 53 last November. I am a rugby referee and always thought that I was fit and well. My BMI was 28.7 and to be honest, I drank too much and didn't exercise most days. The T2 diagnosis was a big wakeup call to me and I decided to change my lifestyle. I cut out all sugary foods and bad carbs, take at least 30 minutes of fairly vigorous exercise every day and go to the gym three times a week. I don't drink alcohol any more. As a result, my HBA1c is now 40, my BMI 23.8 and I'm fitter than I have been in 30 years. The reason I'm telling you all this is because the changes in my lifestyle haven't only helped my diabetic control, they have transformed my general health. I used to have an atrial fibrillation (hospitalised twice), it's now completely gone, I had asthma, it's gone, irritable bowel syndrome, gone, a nagging bad back, gone. You can spend your time fretting and worrying about your future, you can take legal advice about your rights at work or you can grit your teeth and try to change your life. It may not work, but isn't it worth a try. If you succeed you won't only improve your chances of keeping your job, but you will feel fantastic too.
Sorry if that sounds like a lecture. It wasn't meant to be. If you had asked me last October if I could make a few changes to my lifestyle and transform my health I would have said no way. It's been hard work, but once I got started I never looked back. I would no more eat an iced cream now than fly in the air. If I can do it at 63, you can do it too. Please have a go and if you do, let me know how you get on. I'm happy to give you support through private messaging.
 
Hi @Hibby65,
I have been the subject of a constructed resignation attempt here in Oz.
Whilst i cannot help you with lical knowledge i am glsd you kept detailed notes of your interviews. In my case their was a recorder present whose minutes of meetings were quite based in favour of HR and the boss, such as leaving my replies and counter arguments and rejection of the data presented and sources for the true data and names of witnesses.
As you have mentioned in your story meetings are often called without notice and any agenda. This appears to be a standover tactic and ambush style common to managment and to be deplored. I was able to use my Union to stop this but noted it in case i needed to prove partiality later.
The fact that at the forst meeting you noted that HR and others said your diabetes was the cause of your problems is a blatant breach. They have no expertise nor are registered medical practitioners and so are guilty of overreaching their authority. You might wish to make a general enquiry of the GMC to see what their regulations and policies say about unregistered individuals giving medical opinions ! And hold your information close to your chest in case it is needed later. I am unfamiliar with union laws in UK. In Oz the union can obtain legal advice and often have information about similar cases which they can use the knowledge and experience from to negotiate for their members.
Another tactic which may be allowed is the right to be accompanied to a meeting by a support person. Then it is less daunting than if you have say 4 people at the meeting in a 3 to 1 ratio.
Finally just as HR will assume the right to record the meeting details, you could ask that yiu make a tape recording for yourself as that way you know exactly what was said and do not hsve to really on memory and possibly biased minutes of meeting.
Hopefully management have 'gone back into their box' as in Jack or Jill in a box,
 
Australiadiabetic2 said:
What carbs did you cut out ???

And yes i think you told the OP the right thing
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I completely cut out white and beige carbs ie rice, bread, pasta and starchy veg like potatoes. I don't eat fruit except for blackberries and strawberries. I absolutely never eat anything sweet like ice creams, sweets etc.
 
Hi kitedoc,not sure about Queensland but in NSW there is discrimination Laws against Disability or even perceiving someone has a disability

Of course the employer has the right to ask your medical history if it relates to a safe working type job
 
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