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Disciplined for being off with disability illness


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Hi, I desperately need advice. I have RA/Osteo and am classed as disabled, the Occupational Health are involved and after years of trying to get a change of job to help my attendance and illness, I have been on a different dept for 6 months. My previous job involved lifting, etc and wjhn next steps were applied they were not followed by my then manager, I therefore recieved verbal and written warningd regarding my absence, even if it was due to my arthritis. I have had my sickness 'allowance' raised from 3% to 8%, but non disability abscence is classed in the same %, even my son being in hospital was not mitigating!! Each time I was signed off by the doctor I never ever stayed off the time he gave me, stupid I know, but I was trying to support my attendance. Last time I was off I couldnt walk at all due to the RA in my feet, I sent a sick note in and 2/3 weeks later had a visit from HR & the boss............just turned up at my door! I felt I had to go back to work to keep my job, I then had to go home from work early last week due to my hands and fingers and have now had a written warning. I did ask how they could say I never supported my attendance, I wear hand braces, take my meds, etc etc go back in early, and I still get a written, I was told this is not allowed under the DDA and I did find a statement on the Equal Rights website that says ' It is unlawful for your employer to take disciplinary action against you for poor performance or behaviour if your disability is in any way relevant'! I am so confused as to where I stand on this , the stress caused causes falre ups, and I am on prozac for depression, its a never ending circle..............PLEASE HELP!! Thanks x

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Hi Jets

 

Under the disability discrimination act, you are entitled to help from your employer in order to carry on working.

 

I see from your comments that you've had your job changed but you mention that steps were not followed through by your line manager? Were these steps discussed with HR and were these steps agreed by your line manager?

 

In respect of your son being in hospital, I do hope that he is better, however some companies would given compassionate leave in respect of this but it does depend upon the seriousness of the illness. I know being in hospital is very concerning but again the company will need to know what the issues were and if they could help in any way. Did you contact HR about this, did you contact your manager about this?

 

You mention that your boss and HR dropped at your door without making an appointment to see you. This is very naughty and should not have happened. They should have made an appointment at your convenience to discuss with you what they can do to help. You haven't mentioned what they said in the meeting with you - was it a productive meeting - did they offer to help you in any way?

 

As you mention that you are under considerable stress, have you put in a grievance against your manager in light of the steps that were supposed to be taken haven't?

 

Are you in a union? They can help also.

 

If not, go to the CAB - they will also help or ring them and they will come to you if possible.

 

Let me know how you get on

 

Heb

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