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nhs worker contract terminated on grounds on sickness help!!


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I am a support worker working with nhs for 7 years. I have had numerous sickness with depression, for which i have had for 30 years, and a back problem.

I returned back in march on a staged return and at mt sick review was put on stage 2.

I have had no sickness with these 2 debilities since then. I did have some sickness with irritable leg syndrome. I was put on strong medication to help this, but it only caused my insomnia. I had about 4 or 5 days sickness with this. This problem is now resolved through myself researching it and finding out it was a magnesium deficiency. So no sickness with this problem since end of june. My other sickness which is about 3 days is due to my menopause symptoms. Periods stopping, then starting heavily. My sickness since march has improved a great deal, but my manager is totally disregarding this. She is taking my sickness for the whole 7 years into account. She also said we should have been at stage 3 over a year. But because she kept sending letters to my ex's house i never got them until too late. I corrected her on the address numerous times and still she failed to get them to me correctly. It turned out to be a mistake by a new office worker and they did in fact have the correct address all along. I am appealing against the decision on the grounds that my sickness has improved, a great deal over the last year, and also this is my first time at stage three. Other members of staff have been at stage 3 numerous times and never terminated. This is the very first time in my department that this has happened. Any advice anyone can give me on winning my appeal with be greatly appreciated.Thanks x

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how many days sickness in total in the last 12 months, and are you actively managing your menopause symptoms?

 

Was there any info they did not have at dismissal stage that would make a difference at appeal stage?

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80 days in the last year, since my return in march only 7 days of these. The symptoms of the menopause are managed however, when i do have a period it is very heavy, which i have tablets for, but doesnt always reduce the flow. I was also under the impression that my disablilites were covered under the equality act. I do have a letter from my gp stating that these 2 issues which have contributed to my sickness are now under control and stable and have been for several months. Although seen by occ health, i did not see a consultant for him to access me properly on my capability at work.

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has the NHS sent you to see an occupational health advisor and did they do a report on your health that causes these absences

 

the occupational health advisor can advise the employer if they think a condition falls under the Equalties Act 2010 but only an employment tribunal can make the ultimate decision

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yes was seen, although he mentioned that it wasnt stated in the letter this time. When i was last seen by occ health in 2009, he did state then that my back and depression should be covered ny this act.

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Menopause is almost never a disability under EA. Also if your legs are now cured, not a disability either.

 

I'm sorry, it really does sound like excessive absence even making some allowances for your ongoing depression. I am not sure how to get you reinstated at appeal - I am not sure you are fit to fulfil the terms of your contract. As southernjessy says, an Occ Health report would be the basis of decision making so it'd be unusual not to have seen one by now. What did their report say?

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2009 is too dated a report. You need to push for a new OH assessment.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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the 2009 report was by a consultant, the recent one was by a clinical manger, not sure what the difference is. I have asked to be re refereed to a consultant OH, but she said she would only consider this at the appeal. My point is, although my sickness has been terrible, since my return in march i feel it has greatly improved. I have done all the things they have asked me to do. Starting working days instead of nights, gone to well being clinics, and exercising my back, and all these things have been working, so i dont understand why she has terminated me now when there has been improvement

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You have had 8 days? since macrh. = about 16 days a year if you scale up. That'd be higher than the population average. It's not totally unreasonable of her.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi

 

In some companies it is not the number of days taken sick but the number to times. My employer is Stage 1 for 28 days or more first time out and that is wiped clean after six months. If after 6 months you have 3 absences no matter for how long then you are placed on stage 2. At this point you are warned that during thext 12 months any more than two absnces will invoke stage 3 which implies almost certain dismissal due to ill health subject to a specialist OH report and subject to appeal. If you manage to escape that then you are skating on very thin ice.

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If you were reinstated on appeal, could you honestly say that given your ongoing health issues, you wouldn't have as much as one day off in the next year?

 

If you did, you'd be right back in the same position, ie facing dismissal.

 

Unless there's an OH report which confirms you won't need any more sickness absences, I don't think you'll win this one. Arguably disability related absences should be discounted for totting up purposes, but there are so many different causes of your illnesses that it might not make a difference to putting you under the trigger threshold.

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What are you classing as a disability related illness, though? Is that condition backed up by a medical report confirming you are disabled for the purpose of the equality act?

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the absences in posts 1 and 3 (about 4 or 5 days for legs and about 3 days for menopause) seem to be more than that and are probably not disability related.

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depression, is one ive had for 30 years, yet i have always woked, continuous for 20 years, the other is my back which i have been told does come under the act, been told that both does

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you are aware that even with disability related illness - they may increase the trigger point but it is not disregarded completely. If you take your total days off ill each year for the last 3 years, how much is that?

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No, afraid not. They look at the whole picture, and if you had a lot of time off last year, and have a far from perfect record this year, they can dismiss. I think Becky's guidance above is right. If you have ongoing problems, you are going to be waiting for the worst to happen. I am not sure you need that kind of stress?

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Depression is a disability, and the employer should allow time for this. Equality law, covers you even if it is recurring illness. I would ask the Disability Action Groups, or whatever you have in your area. I didn't know this, as I have been off nearly a year, with workplace stress, and have been told if they try to dismiss me, the equality commission can take them to court as my disability has laster 12 months. I live in Northern Ireland, so I don't know whether you have that law where you are.

Do you belong to a union?

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Really important to know that having a disability does not protect you from being dismissed forever though.

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Yes but they could be ordered to offer them another job, that they could do, or make adjustments? you have nothing to lose by fighting it. They can't sack anyone without warnings etc, for having a disability, surely not.

I give up.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Lil, but she is on a warning, she is on a stage 2? And as I read it has already been moved to days to try and help.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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