Given a written warning

Michele

Good afternoon

Over the last 12 months I've had 3 spells of sick leave. In January 2023 I was in hospital for 11 days with pneumonia and diagnosed with rheumatoid Arthritis, which took me over the trigger Points at work. I have been given a written warning which I appealed but it was still upheld. I have had 2 work occupational health reports done and they've only Increased my trigger points upto 12 days which seems to be setting me up to get a final written warning. Is there anything else I can do to change the outcome of my written warning and trigger days.

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Louisa77

Hi @Michele

Sorry to hear of your experience at work, this seems very unfair and uncalled for.

Read our info on Employment and work | Versus Arthritis there is guidance in there and also the NICE guidelines for employers.

There also an article published earlier this year to help people work with arthritis:-

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

Hope this is helpful and you can get some support.

Best wishes

Louisa

CL0901

I’m in a similar situation, awaiting a disciplinary meeting regarding my sick leave. I have osteoarthritis & also an anxiety disorder. I have to work until I reach State Pension age, but I’m struggling. I’m eligible for my pension next January, but if I lose my job in the meantime, there are no benefits I could claim. I’m about to apply for PIP , but of course that’s not a definite 😕 So I sympathise with you Michele

Fif

Definitely speak to your union rep. if you belong to a union. If not, try tha ACAS helpline or CAB. Remember, an employer is expected to make reasonable adjustments, so just applying the same rules to everyone, whatever their circumstances would not seem fair. Maybe you need someone to represent you to explain your medical conditions. It's difficult enough coping with the impact of RA on your life without the additional stress of work pressure. I feel for you.

jonr

This is a tricky subject for sure.

This section of the CAB's website coudl be worth reading up on, in any event it could be worth speaking with a Solicitor who specialises in Employment Law:

https://www.citizensadvice.org.uk/work/dismissal/check-your-rights-if-youre-dismissed/dismissal/if-your-employer-wants-to-dismiss-you-because-of-long-term-sickness/

Michele

Thanks for your replies, I've been to ACAS and I got the impression that I was wrong to think it was unfair to receive a written warning for being in hospital, been to CAB and they said it was harse and arranged for a call from a solicitor who was experienced in employment law but they never called but CAB did say that I had done everything I could but there was not a lot more they could advise - if I went to tribunal I could end up in a worse position. I've spoken with my Union rep & appealed decision but it was upheld so just left with trying to get on with life

jonr

@Michele,

If you've been employed for more than 2 years then your employer needs to follow Employment Law Guidelines.

It's not unreasonable to receive Warnings and for your employment to ultimately be terminated if they can prove you are unable to carry out your duties due to your health or in the case of those employees they suspect are lying, being unable to back up their absence with evidence. However, Employers could be guilty of discrimation if they choose to terminate the employment of someone who could do their job with some adjustments they are unwilling to make.

One other potential option open to you if you feel you are likely to be let go is to pre-empt it with a visit to HR and ask for a Compromise Agreement. In effect, you would be arguing that it's in neither your interests or your Employer's for you to continue in your role as it stands and perhaps reach a settlement to avoid the situation becoming more complicated. Let's say you'd normally leave with pro rata holiday pay and a month's salary, perhaps ask they make your role redundant with 3 months' notice and holiday pay might be reasonable? If so, you'd get a large proportion tax-free.

Something to think about - I did it a few years back successfully by paying a Solicitor to lead the negotiations.

Jon

Woofy

Sorry you have had to deal with this, as if the pain alone isn’t bad enough.

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Asnina

@Michele - It sounds like you might work for a Retail organisation (I did so years ago, and their policies were very similar). Do you have access to a legal support line via work? I had this at the Retail Organisation and also at the smallish company I work now. There you can get access to legal advice (I had to use that at my retail job, and it was against the company itself, but was of help, on that occasion, ACAS also helped, but it was not a medical issue, it was a redundancy one). Another option is to check your home insurance, sometimes they provide some legal cover/assitance (not always, but worth checking)

Michele

Hi Asnina thanks for your reply