Letter from work

lily
lily Member Posts: 160
Goodmorning,

Had a letter today from my HR so i take it this is the first step with going down the capility route to dismiss me.

Phoned my boss as per letter and she asked if there was anything my work place could do to help me, My work place know that i have been put on new meds and am awaiting a letter for an operation on my shoulder which has a tear caused through the arthritis..

My boss is now going to phone HR and tell them about our conversation.

I did not know what to say when she asked what could they do to help me...My arthritis always starts in my hands and as i work in a supermarket i need my hands for my job.

Is there anyone who could advise on the steps for the capability route of dismissal please

Many thanks

Lily x

Comments

  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi Lily
    I really feel for you, there are times in our lives when we have to accept enough is enough and work has beaten us
    The last 4 years at work have been hell an evil boss and constant pain, constant fatigue have all taken its toll on me but I've got through it and managed to get ill health retirement and my NHS pension all before my 50th Birthday!
    As I worked for the NHS I had the help of Occupational Health Doctor who supported my claim as well as my consultants and GP
    Before they can go down the capability route they have to prove they have made reasonable adjustments which can be anything from getting you the right chair to changing your hours so you work when you are at your so called best for me it was not working nights and only working day shifts from 07.15 till 15.15hrs as these were the best times for me any time after 16.00 I was and still am to some degree absolutely exhausted and pain was unbearable.
    Is there any way you can change your hours working less or are they pretty rigid? I would suggest contacting CAB to see if they can offer any help and support.
    As it can be a mine field out there so the more support you have the better
    I know I waffle a bit sorry
    Keep at them and don't let them get you down
    Maria
  • lily
    lily Member Posts: 160
    edited 30. Nov -1, 00:00
    Maria

    thank you for your reply.

    I have already had a change in my working hours last year, although i never got the chance to say what hours would have been sutiable for me, i work early morning twice a week and a 6.30pm finish on my 3rd day.
    I know i need a chair with arms so will be asking for one of them and i think i will ask about changing the times i work,

    Im terrible in the mornings it takes about and hour and half for me to get going and early evening im exhausted,

    Maria you have not waffled so please if you have any more suggestions then im all ears... I really want to continue to work for as long as possible but will wait and see what happens

    Lily x
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi again
    I've had OA for 10 yrs and inflammatory arthritis for the last 4yrs and finally realised after surgery to my foot last march enough was enough I knew I could not do my job as I have arthritis in all my joints so the simpliest tasks were difficult as I was on my feet all day and constantly pushing and pulling at something or other
    Had a written warning for sickness as my % was 4.1% and they had a 3.9% level for everyone even if you had a chronic condition so I was in constant fear of getting another one and get kicked out on capability which my evil boss kept telling me! Which I later found out from HR wasn't true they woul try other things first so to cut a long story short I managed to get ill health retirement from 13/3/13 and I've never been happier
    I miss my friends but saying that since I left so have 6 of my friends and I miss caring for patients who were in their own words fitter than me! I think it was because of my arthritis I could relate to them easily and understood what they were going through and on occasions when for some reason they said well wait till you have arthritis my answer was I have and it's in all my joints I think I inspired them into action (I worked on a ward where they were having their joints replaced)
    There comes a time when you realise it's time to leave but it was the hardest decisioni had to make but I had no choice I had to give up
    Have they recommended you going to see an occupational therapist or physio for assessing your needs for certain equipment for you to carry on working? We have an occ health doctor and physio and nurses attached to the hospital but don't know what they have for schools it's worth asking
    Keep fighting for your rights don't let them bulldoze over you
    Maria
  • mellman01
    mellman01 Member Posts: 5,303
    edited 30. Nov -1, 00:00
    Well the capability rule is in my view a low stunt bit of legal ammo employers have been handed by those in charge, they follow a set line down the capability path it goes from a stage 1 then after that its moved to the formal stages, you'll have written warnings all the way along.
    Its daft though as it's written explicitly for people who have a bad attendance record and or a bit of a slackers attitude and not someone with a serious illness, its crazy I know but HR departments use it on everyone regardless.
    The bottom line is once your on this path then its best to get a written copy of all communications or at least keep detailed notes of phone conversations meetings happenings at work, including abuse or harassment, time and dates of anything you feel is important, even small things can be so the more notes and records the better.
    I say this as it's not totally all in their court they have to run it straight down the line so if they make mistakes these are ammo for when you go to a tribunal if that's if gets that far that is.
    Also if you are in a union then use them, they will also support you if it went to a formal tribunal.
    Also you say they have adjusted your hours but didn't allow you any input which is the exact thing you need to keep notes on, did you write to HR asking to be allowed to have a say?, if not then that's a mistake on their behalf so again is ammo you can file away for later.
    Also whatever you do DO NOT LEAVE at any price, that is what they want here so don't oblige them.
  • nonaproxin
    nonaproxin Member Posts: 53
    edited 30. Nov -1, 00:00
    mellman01 wrote:
    Well the capability rule is in my view a low stunt bit of legal ammo employers have been handed by those in charge, they follow a set line down the capability path it goes from a stage 1 then after that its moved to the formal stages, you'll have written warnings all the way along.
    Its daft though as it's written explicitly for people who have a bad attendance record and or a bit of a slackers attitude and not someone with a serious illness, its crazy I know but HR departments use it on everyone regardless.
    The bottom line is once your on this path then its best to get a written copy of all communications or at least keep detailed notes of phone conversations meetings happenings at work, including abuse or harassment, time and dates of anything you feel is important, even small things can be so the more notes and records the better.
    I say this as it's not totally all in their court they have to run it straight down the line so if they make mistakes these are ammo for when you go to a tribunal if that's if gets that far that is.
    Also if you are in a union then use them, they will also support you if it went to a formal tribunal.
    Also you say they have adjusted your hours but didn't allow you any input which is the exact thing you need to keep notes on, did you write to HR asking to be allowed to have a say?, if not then that's a mistake on their behalf so again is ammo you can file away for later.
    Also whatever you do DO NOT LEAVE at any price, that is what they want here so don't oblige them.

    Have to agree with mellman 01 on this one......Do not leave your job....I am going through excactly the same situation as you are now..mine has been ongoing since last summer...I have to say it's very very unpleasant...I want to continue to work but they are adamant that they want me out (only said to me behind closed doors with no witnesses)...
    I am now suffering mental health problems as well as a consequence.
    Hang in there..record everything..and beware of the softly softly approach....that is a front ..."is there anything we can do for you" actually means....we have to be seen to be doing the right thing ...but we want you out...as you are now a problem to us.....

    Eddy.
  • lily
    lily Member Posts: 160
    edited 30. Nov -1, 00:00
    First of all i want to say a hugh thank you for all the advice, believe me its all going into my head.

    The nicey nicey approach is what im getting right now and i actually thought it was me just being suspicious, i am not going to leave my work. i enjoy working and they will need to sack me to get rid of me,

    I do keep a diary of everything and have kept the letter that i got, my boss was supposed to get back to me last week but she did not...

    What amazes me is that when i got the interview for this job i was open and honest about what i had and did not play it down, my thinking is they knew i had arthritis and they still employed me,i have nothing to feel bad about where that is concerned..

    I am a member of my union so will be using them when i need to.
    I also think i will be getting in touch with HR and asking about making my hours work for me where possible

    once again a hugh thank you for all your advice

    Take care
    Lily x
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Hi lily
    Keep fighting don't let the b****** get you down
    Mellman and I are proof that sticking to your guns, having the union on your side and fighting them all the way works
    Saying that it is also mentally and physically exhausting but please keep at it
    We got ill health retirement but I know a friend of mine working for the same NHS trust got dismissed due to capability and is now fighting the DWP to get benefits and as far as I know she can't get her ill health retirement as she no longer works but I thought even after you were dismissed you out claim your ill health pension so I'm not sure what happened in her case
    Just keep strong dont give up I was ready to give up but thought no I've given then 30 yrs they are not kicking me out!
    Keep us updated and if you want to pm me to have a rant please do so
    Maria

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