Time Off Work - Causing Problems...

[SpencerJJ]

Over the years I have a fair ammount of time off due illness and since the Diabetes I have had more time off.

I have just come back to work after being signed off by my doctor for 11 days due to a swollen and painful ankle (the problem is still there, I have doctors appointment tomorrow).

I have to see my shift manager this evening and a more senior manager on friday... im really worried. Anyone had any experience of their illness causing problems with time off? where do I stand legally? Any help appreciated.

 

[xxxleonadxxx]

Hi SPencerJJ,

I am currently having problems at the moment too, so would be keen to see what advice you get.

I am at the stage where I am contemplating giving up work, just sadly the money is the biggest issue.

I know with work I have spoken to my line manager, who assured me everything was ok, but due to being off ill and having to attend clinics/appointments etc I was given, what I saw as a disciplinary. I also do not get paid for being off ill. At work we have a 3 stage process, of which I am at stage 2, due to having been signed off for 2 weeks at the end of January and a few 1/2 days for appointments (as I dont work near my hospital), the 3rd stage is incapability to work. To me this is a bit extreme as I AM able to work but just need time off for appts etc ..... hassle n a half lol

Let me know what ya find out xx

 

[SpencerJJ]

Sounds very similar to my situation, I was told not too worry and they just want me to get better but I feel bad about all the time off I have and when I am off they have to call someone in so I feel really bad about that as well. I cant afford to give up work but I really dont know where else to turn.

I work strange shifts, I work 12 hour day 7am until 7pm then the following day I work 7pm until 7am nights then the next day I am back on days again and then nights again then a few days off etc etc. I really think this shift pattern is affecting me as far as controlling my diabetes goes due to the strange eating and sleeping patterns etc as well as making me feel constantly tired and groggy.

I'll pass on any info. All the best.

 

[cugila]

Hi both.

It is possible to be dismissed for being off sick, but it is a tricky subject. The best thing to do is to stay in touch with your employer, and if you are concerned, speak to your local Citizens Advice Bureau. I've been in this situation, and it isn't pleasant. But you are ill, and that isn't your fault - focus on getting better.

The inability of an employee to do a job, for whatever reason, is a valid reason for dismissal. However, the case of the employee who becomes physically or mentally unable to do his or her job because of illness, or is persistently absent from work because of illness, clearly demands special consideration. Tribunals recognise that - especially in the smaller firm - it will often not be possible for the organisation to 'carry' the ill employee, and they understand that a time comes when the employer can no longer be expected to keep open the post of an employee who is off sick.

As with the dismissals for other reasons, however, they expect the employer to have discussed the position with the employee concerned and to be absolutely sure of the facts about the employee's state of health and whether he or she is incapable of doing his or her job, or likely to be persistently absent in the future. This may involve taking medical advice about the employee's condition by talking, with the employee's permission, to his or her doctor. If there is less demanding work available which the sick employee would be capable of doing the tribunal will normally expect the employer to offer it to the employee. Employers should also note that the Disability Discrimination Act Law makes it unlawful for employers with 15 or more employees to discriminate against current or prospective employees with disabilities.

Long winded perhaps, but may assist. CAB are good start if you are really worried.
Good luck
Ken