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Sick leave again

mellman01mellman01 Posts: 5,303
Hi all I will have to ask the union bod on this but I will also ask you lot as your always a mine of useful info, right I went to see the company Doctor today and again he mentioned sick leave and how important it was I attended as best I could, he still covers me under the DDA and that wont change but what is the bottom line legally here?, if I took to much time would they get me out under constructive dismissal and if so what does that mean for me??.
I'm 49 this year and this place is going to close in 2/3 years and I'm sure that being in this state I wont get full time employment again so I'm worried about that but I’m also concerned I wont make the redundancy date if I go sick to often a catch 22 or what!?.

Comments

  • topgirltopgirl Posts: 290
    edited 30. Nov -1, 00:00
    Im really not sure to be honest :roll:
    Im no sure how 'sick leave ' stands legally....not much good sorry...
    However i do know that ' your company must give you support in terms of having time off sick whilst waiting for medication to work'....but i cant remember if you have RA or OA.
    I am just about to go back to my place of work after having 7 months off and last year had the same off as my drugs have taken ages to work....
    If you have house insurance with legal cover give them a ring...I did and was rang back by an employment specialist solicitor who was really helpfull...i'd try that...
    A friend of mine who had been of sick with a back problem for 2 years had her redunduncy when her shop shut down.....
    Let me know how you get on..
    x
  • mellman01mellman01 Posts: 5,303
    edited 30. Nov -1, 00:00
    Thanks topgirl really good advice I'll keep you posted on how things go.
  • dorcasdorcas Posts: 3,538
    edited 30. Nov -1, 00:00
    Hi melman,

    Is the company doc an OH specialist? if not you should ask for an OH referral as you've not made any mention of the 'doc' making an assessment and putting forward any recommendations regarding any 'reasonable adjustments' under DDA that might support you in the workplace!?. The doc could also refer you for an OT workplace assessment to consider whether any changes can be made in your work environment, hours of work or equipment to maintain you at work for longer.

    Under DDA if you take sick leave due to your RA, your employer SHOULD disregard these absences when considering any disciplinary issues, performance measures or selection criteria for promotion or redundancy. However you will be subject to the company's normal sick pay policy.

    Under DDA you should not be discriminated against in any way because of your disability; this applies not only to your existing role, but all aspects of employment, including redundancy!

    Do you have a Disability Employment Advisor? If not contact Jobcentre Plus and ask for one! You may benefit from and Access to Work Assessment too.

    Speak to your rheumatologist about what's happening regarding work. I was really surprised at the support I was given recently through my consultant. (provided report advising employer about my disability and what my employer should be considering by way of help in the workplace)

    My advice? get as much support, advice and professional assessments as you can so that you are in control of the situation.

    Without a doubt it would be of benefit for you to be at work as that offers you best protection against any unfair practices; so getting the right support and adjustments (through the routes I've described above) are crucial. Hope that helps!
    iris x
  • mellman01mellman01 Posts: 5,303
    edited 30. Nov -1, 00:00
    dorcas wrote:
    Hi melman,

    Is the company doc an OH specialist? if not you should ask for an OH referral as you've not made any mention of the 'doc' making an assessment and putting forward any recommendations regarding any 'reasonable adjustments' under DDA that might support you in the workplace!?. The doc could also refer you for an OT workplace assessment to consider whether any changes can be made in your work environment, hours of work or equipment to maintain you at work for longer.

    Under DDA if you take sick leave due to your RA, your employer SHOULD disregard these absences when considering any disciplinary issues, performance measures or selection criteria for promotion or redundancy. However you will be subject to the company's normal sick pay policy.

    Under DDA you should not be discriminated against in any way because of your disability; this applies not only to your existing role, but all aspects of employment, including redundancy!

    Do you have a Disability Employment Advisor? If not contact Jobcentre Plus and ask for one! You may benefit from and Access to Work Assessment too.

    Speak to your rheumatologist about what's happening regarding work. I was really surprised at the support I was given recently through my consultant. (provided report advising employer about my disability and what my employer should be considering by way of help in the workplace)

    My advice? get as much support, advice and professional assessments as you can so that you are in control of the situation.

    Without a doubt it would be of benefit for you to be at work as that offers you best protection against any unfair practices; so getting the right support and adjustments (through the routes I've described above) are crucial. Hope that helps!
    iris x
    Help does it help!, yes it does very much thanks muchly I'm very impressed!
  • dorcasdorcas Posts: 3,538
    edited 30. Nov -1, 00:00
    ':oops:'

    Forgot to say mellman that the most important thing to remember when you are fighting for your job is to believe in yourself...and ...that YOU KNOW BEST what your needs are and how 'they' can support you.


    When I was struggling with how to fight my corner, on advice from the helpline (bless them x) I wrote down all the different aspects and tasks of my job, how my disability was affecting me doing these tasks and what I thought would help me. It was easier to do than I thought and has kept me and everyone else focussed !

    good luck. Iris x
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