sick during probation.....help !!!

[joella68]

hi all i wonder if anyone may be able to advise, i started a new job on the 28th dec 2009 and i dislocated my shoulder a couple of weeks ago and needed to take 3 days off, all was fine with that, but now i have had to take time off again as i have an ongoing back problem the doctor has signed me off until 2nd december, when i filled out my starter pack i DID put on my health questionairre that i had on-going back problems, occ health phoned and asked about my back and i was totally honest and told them i was waiting for MRI scan and could not tell them what the diagnsis was at that point, i get the results on tuesday but am verry woried as im on 26 weeks probation..............can they get rid of me ???

[Pumpkinhead]

Bit of a tricky one in that it is very easy to get rid of someone who has less than a year's service, unless it can be proved that discrimination has taken place. In your case it might be that your back problem could be classed as a disability especially if it has existed for some time.

 

I would suggest you tell the employer that you are worried about being dismissed due to your health problems and seek their reassurance that they will at least extend your probationery period by another 3 months.

 

Also have they made any adjustments to your working environment to accomodate your back problems? Has a risk assessment been made of your working environment to see if you should have a different, more suitable chair or desk etc?

 

It's good that you told them about your back when you joined them, so they can't claim they did not know.

 

I think it would be risky for them to just let you go at this point unless they have any other reasons such as your work performance having been unsatisfactory.

 

Also if they are concerned that you may not pass your probationery period ideally they should be telling you this before the pp comes to an end. In this way you can then try and remedy the situation (if it relates to work performance).

[joella68]

thanks for your reply, occ health were very good when they phoned me and asked if there was anything they could do to help...........i also had my appraisal ( 6 week review ) just before i went sick, and i scored the highest/ excellent in all area's so i believe they are verry happy with me, also i have spoken to them regarding my fears and they told me that its not the length of sick time off its the frequency of sick times off, they re-assured me at this point not to worry.............but as previously said i get my MRI results on tuesday and i think i will need an op, so will need further time off...........im probably just jumping the gun at the moment, just need to be prepared for the worst i think.

 

i also looked into incapacity benefit online today as if this is not operable, i think i may have a case as my back is giving out approx evert 4-8 weeks now, and taking longer and longer each time to recover ,,,,,,,,so not good.

[Pumpkinhead]

Not to worry you further but I've had a disc that had burst partially removed and was off work for 3 months. They may offer you an epidural block prior to surgery which is worth considering I reckon. Good luck with the back!

[joella68]

thanks pumpkinhead