Work related legal question.

bluelobster Member Posts: 18

I am 32 and have sero-negative RA. Currently controlled by triple therapy (MTX inj, Sulphasalazine, Plaquenil).

I have been diagnosed since 2003 and other than the expected 'issues' when i first started my treatments my sickness record has been exemplary at work.

This year i have had what i am describing as a 'blip' whereby i have had several absences due to my illness/meds within a 5 month period. My boss has been supportive and has changed my hours on advice of occy and health and has put in place many 'reasonable' adjustments to help me. I have also done everything i can, including changing from oral MTX to Injections.

However, after my last absence i have been told that i am to have a discipliniary. I have never been in trouble at work before. I understand that my boss needs to follow policy and there is no ill feeling.

I wont go into detail of the absences but i will just say that I am now 'over' the effects of the chain of events that were.

What i want to know is can the hospital trust actually discipline me as these are all 'disablility' related absences?

I am a senior manager in the NHS.

Of course i will be seeking advice from my union rep but i just thought i'd also ask you guys for views.


  • janie68
    janie68 Member Posts: 1,186
    edited 30. Nov -1, 00:00

    Short answer is yes. I am on final review, they counted my abscences as sick despite them being related to my RA. The NHS seems to be written about a fair bit on heremfor their sickness policies. As l ong as they follow procedure, they can dismiss you on capability.

    I have found the NHS relentless on the sickness policy, maybe its my trust, but my managers were understanding. The NHS seem incapable of looking after their own staff. It sounds as though you are a long way off from Final review. There maybe options for you to manage better, reduced hours, workplace assessment etc to consider as well which you can ask for when you have your meeting.

    Good luck!

  • petals
    petals Member Posts: 217
    edited 30. Nov -1, 00:00
    I too have recenly had a verbal warning for a similar circumstance. Even with the help of my union rep I was unable to avoid the VW. I was told that the VW would expire in 8 weeks if I keep a clean sheet until then.

    Working with RH is tough, Good luck.

  • mellman01
    mellman01 Member Posts: 5,303
    edited 30. Nov -1, 00:00
    Yeah capability is a catch all, it doesn't matter if your really ill or lead swinging the net is broad. that said it's a road you need to be on to be considered for ill health retirement, been down it myself took me 3 and a half years to get there a long and bumpy road, if I could give you one bit of advice it would be join a union, you might have several at your work I'd guess Unit would be the one most likely to be the one for you, that said you need to join the one with most clout and representation where you work, also you might well be able to get work related legal support from your house insurance it's worth looking at your cover, either way get assistance you'll need it as it can get very complex also it's good to have a view from the outside, I felt many times like I was in the eye of a storm that just went on and on but like all storms it has to end at some point.
  • Emily
    Emily Member Posts: 124
    edited 30. Nov -1, 00:00
    Does your employer know that you absence was related to your disability and also did they make any adjustments for you. Check the Equality Act 2010 there is a lot of information on that website.
  • Rallymad
    Rallymad Member Posts: 84
    edited 30. Nov -1, 00:00
    I work for NHS also, the capability stages that they work to are abismal and punishing!!! I work hard at my job, but there are other lazy ****holes that get away with it, I was told to work for three months without absence, was doing pretty well, felt on top of the world, until one of my colleagues (senior) had a bad day and took it out on me, was that bad she had me in tears!!!! My uncle had died previous week and was just managing to hold it together, had had a cortisone injection into shoulder also and was keeping my head down and getting on with it..........result - ended up with massive flare up that night, had to take time off as was floored, now wondering what the hell is gona happen as was being held at trigger D but on condition that I did not have any further time off, seems like even though it is a DDA condition they can do whatever they like with you regardless, and yes I also have union representation.