Translating health advice into employment contract terms

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PeterJ

Hello @CatherineCarer and welcome to the Community. We are a friendly and supportive group and I hope that will be your experience as well.

I've read your intro it seems you are being passed from pillar to post. Have a look through the following info from our website and see if it helps.

https://www.versusarthritis.org/about-arthritis/living-with-arthritis/work/

and

https://www.versusarthritis.org/news/2023/february/top-tips-for-working-with-arthritis/

You can also call our Helpline on 0800 5200 520 and https://www.versusarthritis.org/get-help/

I hope you get some good advice soon and can sort out your situation. Please let us know how you get on.

Best wishes

Peter (moderator)

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jonr

This is a tough one @CatherineCarer,

If you have been employed for longer than 2 years then you are covered under UK employment law and that means you can take sick leave without jeopardising your job if you get a flare-up or have to leave early due to the onset of pain. This gets a bit more complicated if it's longer than 3 days as you may need a doctor's note (and that may down to your employer's own policy regarding sick leave and your employment contract).

The problem with the inclusion of an additional clause (which actually isn't needed) into your employment contract that allows you to take sick leave due to your condition as I see it is that may lead them to think you're unable to do your job and if that is the case, it may lead to your dismissal.

Given the sort of work you do, I imagine there are agency workers your employer could draft in when staff are ill but that is not the same as replacing you, but a temporary measure. I think the concern of this elderly resident's daughter is that her mother's care may be compromised because of short-staffing, not because you're incable of doing the job.

In your position, I'd carry on doing what I'm doing and don't draw attention to your condition which may lead to HR requesting a consultation to discuss your condition and how it may affect your ability to work.

Hope this is relevant and may be helpful

Jon

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