Advice needed desperately!

[Alchymist]

Something else has occurred to me regarding the conduct of my manager during investigatory/disciplinary meeting last Friday. The meeting was concerned with two days sick I took a couple of weeks ago to shake off a severe cold.

 

When questioned about the reasons for my absence, I explained the following; my heart condition means that I have to take measures to avoid chest infections. I have annual flu jabs and pneumonia vaccinations to help prevent those, but in the case of colds a couple of days rest tends to prevent them becoming anything sinister. I have been advised to do this by a number of doctors.

 

My manager then told me 'I could not abdicate my responsibility for this absence because of my condition, I should have been aware I was getting a cold and warned him beforehand'. He added he was very disappointed and told me I would be getting the written warning.

 

I feel at very least the meeting should have been adjourned so that a professional opinion could have been sought before deciding the outcome. The decision had clearly been made beforehand, as my manager had implied as much when he handed me the invitation to the meeting.

 

In dismissing my explanation, effectively as an excuse, I think they may have acted unlawfully (according to the Equality Act 2010) -what do you think?

[papasmurf1cx]

Yes

[Alchymist]

In an 'exciting' new development, I was supposed to returning to work today -but ended up going to the hospital instead. I've had a variety of tests and have a cardiology appointment in about 4 weeks. There doesn't seem to be anything desperately wrong and my doctor would prefer my employers to 'get their house order' rather than sign me off.

 

I think they may be beginning to see the gravity of the situation ...

[Alchymist]

I have a grievance hearing tomorrow, with a manager other than my own. This is someone I have a fairly easy working relationship with, which could be beneficial to my cause -but my inner skeptic thinks my employers may be trying to 'disarm' me!

 

I've never done this before, is there anything I need to bear in mind for the hearing?

[nutter192]

Is there going to be a notetaker there? Are you going to have someone accompany you to make notes on your behalf?

 

Although not strictly the most ethical thing to do, but is it possible for you to record the meeting with your mobile phone or anything like that? If you do, ensure that the manager does not know he is being recorded.

 

Things to bear in mind are to think about your answer before you respond and some managers will try and trip you up or work a question round to the companies advantage. If you feel uncomfortable or so request a short break.

 

Remember also that this is your chance to put accross your side of the story. Make some brief points and notes to refer to so that you dont get tounge tied etc.

[Alchymist]

There have been some significant developments in this situation now.

 

It seems the initial diagnosis of anxiety/depression was wrong. The opinion of my local cardiologist is that my underlying cardiac condition has deteriorated significantly, I now been referred to another hospital where I will very probably be having major heart surgery.

 

The good news for me is that this should solve the problem and my employers are being more sensitive and considerate. It shouldn't matter that the condition is physical rather than psychological -but clearly it does to them. Occupational health are now heavily involved and have insisted that I only work half-days. They've also precluded me from being involved in any work which can be remotely regarded as 'stressful' -until I've had the surgery and recovered.

 

My previous grievance was rejected and my employers have made no apology for their treatment of me up until now. All absences relating to my cardiac condition have now been recorded separately, though they are still being subject to the application of the Bradford Factor -albeit with a higher threshold. This means I now have two Bradford factors on my record, one for my cardiac condition and one for all other absence -so my request for reasonable adjustment has been partly met.

 

My employers are being very cautious in their dealings with me now, recording everything, etc. -so I have got some resolution to the situation, it's going to be interesting to see how the situation develops in the future!

[honeybee13]

Hello again. That sounds cautiously optimistic for you. I know how it is with psychological conditions and employers, etc. Because they can't x-ray or scan it, you feel that they don't believe you.

 

I'm sorry to hear you need an operation. I hope they think it will make your life easier afterwards.

 

Please let us know how you get on over the coming weeks and months.

 

My best, HB

[papasmurf1cx]

Sorry to hear about your need for an operation. However to be honest, having a physical problem does not absolve your employer from the mental stress. Honeybee is right mental problems are not viewed with the same degree as physical ones do, there is a built in discrimination. So obviously it is a matter for you whether to make an issue out of this or not. Personally I would not sit and take it when there was reasons and they were heartless towards you. But then again that is me !!!

 

Best of luck for your operation.

[Alchymist]

Time to bump this back to the top -as this has now become something of a saga. My cardiologist at my local hospital referred me to The Royal Brompton (after sitting on my notes for NINE weeks!) and I finally had an appointment there a couple of weeks ago.

 

They confirmed that I would need an operation, but the risks are minimum and it is expected to be a 100% cure for my condition. One of the surgeons there is an expert is this situation and the possibility of a keyhole operation means that my recovery time could be minimal. They also confirmed the 'stress/anxiety' which my GP diagnosed last year was more likely to be the result of 'low cardiac output' meaning a reduced level of oxygen to the brain. There was nothing I could have done to mitigate the effects of this and the PIP my employers put me on certainly wouldn't have helped.

 

Anyway, I'm currently signed off work and have been since January. I don't have a date for surgery, but I expect it to be in the next couple of months. I'm certainly not fit for work at the meantime. My concern now is that my contractual sick pay is limited and they've already started making noises about the fact that it will be running out soon. They're also quite concerned about the length of time this is taking, which I can understand -but the delays are beyond my control. If my GP had referred me to a cardiologist in the first instance, this might all be over now.

 

My question is this; my contract was changed in January. There was a change to the legal entity employing me and the terms and conditions of the contract, including entitlement to sick pay were changed (this was increased). The sick pay entitlement works on a 12 month rolling period.

 

Can I argue, given the change in contract, that my sick pay entitlement should start from zero again? This would buy me an extra 4 or 5 weeks and relieve me of a great deal of worry!

 

Thanks.

[Alchymist]

This situation is now dragging on interminably and I am at my wit's end following the events of the last few days!

 

I'm still waiting for a date for my surgery, but I've had all the tests/scans and been told exactly what they plan to do and which surgeon will be performing the surgery -he's arguably the best in the world for the job too, so that much is very positive.

 

Up until the beginning of last week, my employers had been reasonably sympathetic. They'd discounted my absences from last year, allowing the contractual sick pay 'clock' to start again from January. I was happy and reassured by this, as it meant that I would get full pay for most of June before going on to SSP -they also stated their intention to do this in writing which was doubly reassuring.

 

At my last hospital appointment -on the 2nd May, I asked the consultant how long I would have to wait for my surgery and I was told it would be 4-6 weeks. I told my employers this in good faith, as they were keen to know the time frames involved and it was only to give them some idea as to when I would be back at work. Obviously, I've now waited longer than 6 weeks and I've contacted the PALS office at the hospital and my MP -as I'd not heard anything from the hospital and was struggling to contact anyone in the Cardiology department. That got things moving a little, but I was also told that my surgeon is out of the country until 19th July.

 

My boss phoned me last Tuesday, to see how I was getting on and my employers attitude seems to have changed since I told them it would be at least 19th July before I have my operation and they seemed shocked. Last Tuesday was coincidentally (?) the June payroll deadline. I have not yet received any salary/SSP payment for June -no money at all and no explanation as to why this might be. My employers have now suddenly expressed an interest in contacting the hospital too. I'd previously given them the contact details of my 'nurse specialist' on three occasions, asking them to contact her (as she wished to speak to them about my condition) and they had failed to do so.

 

I am absolutely beside myself now. I'm waiting for major cardiac surgery, which is stressful enough as it has a tendency to prey on the mind, my condition is such that I've been advised to avoid stress/anxiety and I've been able to manage the stress of the impending surgery by focusing on my recovery, getting back to work and getting my life back to normal. However, the lack of any salary/SSP payment for June has left me unable to service my outgoings (the biggest being rent and my IVA), which is tremendously worrying and has exacerbated the symptoms of my condition over the last few days.

 

I'm worried that my employers are about to pull the rug out from under me, for no other reason than the length of time I'm having to wait for surgery. I now have no money to live on, no explanation as to why this is the case and the uncertainty surrounding my job has destroyed my strategy for coping with my medical situation. I'm at a very low ebb today. I've posted this in the hope of gaining some reassurance that there are things I can do to resolve this and because I need to feel I'm doing something.

[papasmurf1cx]

Have you applied for DLA, ESA, Housing Benefit and any other benefit by discussing this with the Benefits enquiry line? http://www.direct.gov.uk/en/dl1/directories/dg_10011165

 

What else do you expect could happen that you have not in good faith done already?

 

Your first priority is just to get better, if you have to wait then that is out of your control, the benefits system is there to help people like you overcome financial problems whilst recovering from illness, use it.

[Alchymist]

Thanks. I've just phoned the benefits enquiry line, but I'm unable to give them a clear picture of my situation. None of the conversations I've had with my employer have directly suggested my job is at risk, but then there's the issue of not having been paid anything for the month of June. I've tried to get an answer as to why this is the case and nothing has been forthcoming -they are aware of the situation this has placed me in.

 

According to the HMRC, I should at least have received SSP and it's my employer's responsibility to pay me that. If my entitlement to SSP has run out (which by my calculations is not the case), I need an SSP1 form from my employer to claim ESA -which they haven't provided.

 

It's the lack of clarity from my employers which is the crux of the issue, I simply don't know where I stand and they don't seem to want to tell me anything. They're also aware of just how stressed and anxious I am about this, and the potential impact that may have on my cardiac condition.

 

If they've decided that I'm now surplus to requirements, and if that's the reason I haven't been paid, then the timings involved suggest they can only have made that (very sudden) decision in the absence of a medical opinion and purely on the basis that I'm having to wait longer than I originally anticipated for my treatment. That seems very harsh, as I've had this condition for 8 years and I disclosed it in full when I joined the company in 2010. It was previously managed with medication and it's only over the last 12 months that it's deteriorated to the point of needing surgical intervention. The surgery is expected to 'routine and without significant risk or complications' and I'm expected to make a full recovery. Ultimately, the delay may mean I'm only off for a month longer than I originally anticipated and they didn't have any issue with that projected return to work date.