Help and advice please

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Comments

  • Mike1
    Mike1 Member Posts: 1,992

    It is wrong to think you can never be dismissed, just because you have an illness. Your employer should, however, go to some lengths to find out about your current medical position, which would usually involve consultation with your medical advisers and possibly a referral to your employers own occupational health therapists or medical experts. Indeed, employers will often reserve the right in your contract of employment for their medical experts to be able to provide a second opinion on the state of your health. Whether or not such a right is reserved, you could be considered to be acting unreasonably if you refuse to agree to such a request (although your employer will be in a stronger position where there is a contractual right reserved). You need to be working with the same employer for 23 months and 3 weeks in order to qualify in making a claim for unfair dismissal (and not be under any prior notice). In the absence of meeting this qualifying period, your employer can generally dismiss you without fear of a claim being made- unless you have a disability which counts as a “protected characteristic” under the Equality Act. If all of your sick absences are as a result of Arthritis then you may be able to cite Disability Discrimination, see https://www.landaulaw.co.uk/disability-discrimination/

    As with any disciplinary you are entitled to have someone in the meeting on your side. In summary I would suggest that you contact your Union if you are in one or the CAB. If any medication that you are on affects your thinking process then I would try to get the phone meeting postponed on the basis that you would not be able to participate properly.

  • frogmorton
    frogmorton Member Posts: 29,332

    My previous boss used to do this to people off sick for too long I think it may well be legal, but there is someone on here who knows a bit more. @MoWW


    But I think we have rights under the Disability Discrimination act

  • Jona
    Jona Member Posts: 406

    Hi thanks Mike and Toni, I feel like every bit of confidence I had is being stripped away but this is all getting too much for me I’m usually a fighter but I just feel exhausted by not only the pain but by the way I feel

    good news though is the pain clinic have been in touch so hope to have an appt soon thanks again for help and listening I’m sure I must be the most boring person in the world 😔

  • Mike1
    Mike1 Member Posts: 1,992

    Hi Jona, sorry you feel a bit defeated and I fully understand having been there. Rest assured that you are not boring at all, we are here to help each other after all. Hope all goes well.

  • Jona
    Jona Member Posts: 406

    Hi thanks Mike, I’m sorry for feeling sorry for myself I think it’s time I adopted a little pooch lost my little one last year he was my baby but I think there’s a little dog out there needs a home 😊

  • Mike1
    Mike1 Member Posts: 1,992

    I totally agree although I am a cat person, at times it is only my Vixen that keeps me going; and there is no need to apologise for feeling sorry for yourself, we all do it at times.

  • frogmorton
    frogmorton Member Posts: 29,332

    @Jona You really do need a furry friend - we all do. How much would one lift your spirits.😍

  • YvonneH
    YvonneH Member Posts: 1,076

    Hi Jona,

    It sounds like you really do need help before this call, I just want to remind you you can get in touch with @MoWW - heres the link to her details

    All you need to do is click on the link, scroll down until you find the email and phone number.

    Sending you a bucket of strength to help your positivity and a goodly number of ((((()))) very gentle hugs

    Yvonne x

  • Jona
    Jona Member Posts: 406

    Hi Mike, thanks I’ll look into it and hopefully have some cuddles to look forward to albeit bad breath and pooper scooper 😊


    Yvonne thank you I have contacted the lady in question your all so lovely 😊 xx

  • Jona
    Jona Member Posts: 406

    Hi Toni, I think having a furry friend would cheer me up no end like I said to Mike pooper scooper at the ready 😉

  • airwave
    airwave Member Posts: 579

    Never mind something soft and furry, where’s your ‘friend’ at work who’s supporting you? A member of your union outside your workplace would also work. Employment laws are the same across all industries. First things first. 😋

    its a grin, honest!

  • Jona
    Jona Member Posts: 406

    Hi airwave I used to be in a union but they more or less didn’t help so I was paying for a service that didn’t do anything and sad to say I don’t have any friends sad but true 😔

  • Mike1
    Mike1 Member Posts: 1,992

    With regard to having someone with you a "friend" is merely someone who can support you; this could be a family member, or someone you know like a work colleague. Alternatively the CAB may be able to both offer advice and accompany you, in addition contact the Adult Social Care department at your Council as they may be able to provide assistance to, I certainly know that they will accompany people to PIP reviews etc, worth a try anyway.

  • Bambi
    Bambi Member Posts: 3

    I can't believe how your management are treating you. I had a great staff workplace and they helped me so much. Like you I am affected through osteoarthritis and as its in my spine I eventually asked for health retirement and this was granted at the highest tier. I hope you have applied for PIP as well and make sure you get the best tier from them too its so difficult just now with this circus but here's hoping things change for you. Take care

    Shelagh

  • Jona
    Jona Member Posts: 406

    Hi Shelagh

    Thank you can I ask how did you start the process of health retirement as I have no idea do I just ask the manager I’m off sick at the mo I’d prefer to work but as you know I’m not an effective team member when I’m dealing with this much pain, my consultant asked if I still worked I said yep and he said how so told me a lot coz he had my X-ray up in front of him, anyway I’m prattling on I’d love your advice on how I’ll health retirement works thanks again

    Jona 😊

  • DODGYKNEES
    DODGYKNEES Member Posts: 90

    Hi Jona. You should have been given the option to bring union representation to the meeting. Go on direct gov.com and get the equality act. It will give you information on disability discrimination at work. It is also a good idea to speak to citizens advice. Tell them your situation and ask advice. If you do get a warning or any disciplinary action against you, you can appeal the decision.