Work trying to get rid of me after knee op. *Settled Out Of Tribunal*

[fwog]

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

[obiter dictum]

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

[fwog]

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)

[Bambert]

What is the nature of your job?

 

How long have you had these problems with your knee?

[fwog]

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.

[fwog]

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

[obiter dictum]

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

[fwog]

Its been 18 months. I have no control over events and have to just go with the flow

[citizenB]

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.

[obiter dictum]

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

[Emmzzi]

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.

[Grotesque]

You haven't: but your body has! Unfortunately.

 

Perhaps admin can merge the two threads?

[honeybee13]

Two threads from different forums merged. fwog, please keep to the Employment forum for work queries.

 

HB

[fwog]

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.

[fwog]

Its a bit of a quandary

[obiter dictum]

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

[honeybee13]

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

[Emmzzi]

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

[fwog]

Thanks everyone. I hope we have a deal with the pension company. What would happen if we didn't? I'd just be left without a job?

[fwog]

Hi all,

 

Well running out of options as I've been off work for 18 months and no sign of NHS completing treatment anytime soon. Reading the CAG, I've found I'm accruing holiday pay. I've not been told of this or approached by anyone, so I didn't really know till now.....18 months on.

Can I claim the holiday as a payment? Have I lost the previous years entitlement? I'm seriously running low on funds and I'm looking at swapping the mortgage over to an interest only its that bad. Along with the prospect of being left unemployed, Im really at my wits end.

[honeybee13]

Hello there.

 

I think you mentioned on your other thread that you have a union. Are they able to help with this? It sounds as if you've found the forum stikky about this?

 

HB

[fwog]

It sounds as if you've found the forum stikky about this?

 

HB

No just read a few threads. Have you a link?

 

*edit* just found it

[fwog]

Hello there.

 

I think you mentioned on your other thread that you have a union. Are they able to help with this? It sounds as if you've found the forum stikky about this?

 

HB

 

Ah! This just reiterates the points I've already found.

 

I want ed to know if I can claim for all the holiday I've missed or just within the financial year? Will it be as holiday or cash? I'm still employed, will it be viable to make a claim whilst I'm still on the sick?

 

Many thanks 8)

[fwog]

I guess no one knows on here, so I'll leave this for anyone in my situation, I'm amazed at how little there is to be found on this subject, even thought I'm actually living it.

Well after a days worth of research, I've found unclaimed holiday pay it can be paid up to 2 years prior to first absence. Not sure if it can be claimed whilst still employed (on the sick). I will contact my HR department and let you all know when they have made a decision.

[becky2585]

Holiday only becomes owing in this situation upon your return to work (in which case you are entitled to the holiday itself) or upon termination of employment (where you are entitled to pay in lieu).

 

The only way you can secure pay whilst still on sick leave is by way of a relevant agreement with your employer.

 

Arguably this is limited to a carryover period of 15 months prior to the last leave year - so up to 27 months in total.

 

I suspect the reason you cannot find a definitive answer is that this remains a fast changing and uncertain area of law.