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Termination of fulltime job due to protracted NHS treatment.


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Im currently being treated through the NHS for a meniscus repair . So far I've had 2 operations, steroid injections,gel injections and hours of physio. Luckily, I have a protected payments scheme through my employer which means, now the sick pay has ran out, I get a substance payment through the pension scheme.

Im currently looking at a termination due to sick time off. I'm caught in a catch 22, the NHS wont sign me off till the knee stops swelling, my employer wont allow me back till I'm 100%. There's no other jobs to be had which can accommodate me and I will only be able to do my old role which is 12 hour shifts, stood all shift.

Ive spoken with my Union and my rep said she deals wit this all the time, people lose their jobs through the NHS and long waiting lists.

I'm just wondering if this is factually correct ,as I have a full time position, an exemplary sick record prior to this and through no fault of my own I'm looking at being on the dole with a dodgy knee. I feel panicked as I cannot plan for my future due to everyone else making decisions for me beyond my control.

Is it just a case of 'tough' or am I being given bad information. No termination process h

as begun, but my rep has stated 'they'll be looking to get rid of you ,if they haven't written you off already, due to your sick record'

I feel completely helpless and broke :|

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How long have you had the job

Does your condition fall under the Equalities Act, has the condition a capacity to stop you from normal day to day functions in the future

How big is your employer staff wise

Can you be Relocated into other roles with your condition if applicable

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Im currently being treated through the NHS for a meniscus repair . So far I've had 2 operations, steroid injections,gel injections and hours of physio. Luckily, I have a protected payments scheme through my employer which means, now the sick pay has ran out, I get a substance payment through the pension scheme.

Im currently looking at a termination due to sick time off. I'm caught in a catch 22, the NHS wont sign me off till the knee stops swelling, my employer wont allow me back till I'm 100%. There's no other jobs to be had which can accommodate me and I will only be able to do my old role which is 12 hour shifts, stood all shift.

Ive spoken with my Union and my rep said she deals wit this all the time, people lose their jobs through the NHS and long waiting lists.

I'm just wondering if this is factually correct ,as I have a full time position, an exemplary sick record prior to this and through no fault of my own I'm looking at being on the dole with a dodgy knee. I feel panicked as I cannot plan for my future due to everyone else making decisions for me beyond my control.

Is it just a case of 'tough' or am I being given bad information. No termination process h

as begun, but my rep has stated 'they'll be looking to get rid of you ,if they haven't written you off already, due to your sick record'

I feel completely helpless and broke :|

 

(Sorry, posted elsewhere but in wrong forum)

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How long have you had the job

Does your condition fall under the Equalities Act, has the condition a capacity to stop you from normal day to day functions in the future

How big is your employer staff wise

Can you be Relocated into other roles with your condition if applicable

 

Hi capquest worst knightmare and thank you for the reply!

 

My employer is FSTE 100 listed. My impairment shouldn't affect me in the future, its just due to huge NHS delays. I cannot be relocated as the nearest depot would be 100 miles away. I have had cancer whilst with this employer and came back to work too early (according to Occupational health) I had 2 months off for treatment and radio therapy. So I might fall into the disability bracket. Ive been with the employer 5 years, currently 18 months off with knee.

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I'm an analyst, so its monitoring production on a line. No seating available due to regulations. I notified the employer when I began that my knee had issues and was awaiting treatment 3 years prior to being worked on. Im just at a loss as to how I can be left unemployed and I've done nothing wrong :(

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You are coverd under the Equality Act and have protected characteristics due to your cancer treatment, even if in remission. Your employer will be on dodgy ground due to the staff head count in not being able to offer you a temporary role withing the business until your knee is fixed. They will have to show justification for your dismissal under capability grounds if you are currently at no cost to the business. Your cancer treatment should be discounted as an absence as you are protected, although they can record but not use against you. What is your total absence during the last 12 months as a direct result as to your knee complaint

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I have relocated your thread to the correct employment forum - you were in a media subforum.

 

You do not have to do anything, this was purely an administrative move.

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You mention a trade union, has your union managed an ill health retirment policy with the business. This can be generous, All it shows is that you are not capable of doing your job role at the time of dismissal. That is the worst case scenario and by mutual agreement betwen employer and employee

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Hi,

 

I'm going to be honest and say at 18 months, most employers would seek to dismiss - while it is unfair the NHS are delaying your op, this is not your employers fault either.

 

Things to think about

- how much to go private?

- talk to the pension trustees for guidance on normal procedure.

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,

 

I'm going to be honest and say at 18 months, most employers would seek to dismiss - while it is unfair the NHS are delaying your op, this is not your employers fault either.

 

Things to think about

- how much to go private?

- talk to the pension trustees for guidance on normal procedure.

 

As I can understand your point, it doesnt help my situation . Im financially broke, as you can imagine, so private isn't an option. Im now looking at dismissal due to sick time. Ive not benefited from this at all,so its not my fault either. My work record was outstanding up till his point, Im now going to be looking at a severe reduction in my prospects for following NHS recommendations on repair/recovery.

 

You mention a trade union, has your union managed an ill health retirement policy with the business. This can be generous, All it shows is that you are not capable of doing your job role at the time of dismissal. That is the worst case scenario and by mutual agreement between employer and employee

 

Thanks capquest worst knightmare :-)

I may be impaired due to the cancer as I have to take tablets daily to replace the function of the cancerous organ, this hasn't gone too well and leads to fatigue and lethargy. The knee 'should' come back to full use, its been so long, Im now getting hip and lower back pain, which is being sidestepped by the NHS as a 'wait and see' scenario whilst they're prescribing painkillers for it. :(

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Have you confirmed if your company does an ill health retirement agreement with the trade union. It works out at a years wages tax free

 

I think it depends where you work, CWK. My company didn't do this.

 

HB

Illegitimi non carborundum

 

 

 

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As I can understand your point, it doesnt help my situation . Im financially broke, as you can imagine, so private isn't an option. Im now looking at dismissal due to sick time. Ive not benefited from this at all,so its not my fault either. My work record was outstanding up till his point, Im now going to be looking at a severe reduction in my prospects for following NHS recommendations on repair/recovery.(

 

So things to check

- talk to pension trustees about ill health retirement

- find out if your organization has a benevolent fund

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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An employer can dismiss on the grounds aof capability but should look at offering alternative suitable employment or risk getting clobbered fo disability discrimination. You need to speak to someone in your organisation who is tasked with dealing with disability matters and see what they can do for you. It will normally be someone in HR but may be an Occ health person.

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