being sacked while off sick, question about sick pay

dag_2

Thanks ever so much for the advice, even though some of it's a bit belated. I'm afraid it was less than one year - but more than eleven months! Dang! Still - c'est la vie. I never really bonded with the other staff in that department anyway, so I suspect that's probably got more to do with it than anything else. I did try, though.

You should be aware that an employer only has to have a reasonable belief, not definite proof.

And therein lies the problem. If I had known my rights about medical confidentiality and disability discrimination earlier, then none of this would have happened. Still - at least I know how to make sure it doesn't happen again.

ohreally

dag wrote:

The employer is an acute NHS Trust in London.

dag, a word of advice...be very carful here. I've worked in your orgainisation for more years than i care to admit and i'm also a steward. If you have already sought advice and representation from your union (you don't say which one so i can't be sepecfic), it is highly likely (take it as read) that they will cease to give advice and representation on the grounds that you have consulted another body for advice, (cab).I would strongly suggest you sit on that one and don't disclose this to anyone representing you.Any trust disciplinery policy that i've read states that the member won't be dismissed while off sick...ask for the policy and become familiar with it, it's in your interest.
As your job is in jepordy ask the steward to get one of the more experienced branch officers to give him support and be prepared to go to appeal if necessary and at this point insist on a regional officer to handle the case.

hoover_2

Hi I was diagnosed with a slipped disc last march after an mri scan i was sent to 2 neurosurgeons to see if there was a trapped nerve which there wasnt, each time i went to the surgeons i was told they never had my mri results and to go away and they would see me again once they recieved them so the mths ticked away.I was told by both surgeons they wouldnt operate i had to see an orthapedic surgeon so again the long wait for my apps to come through.went to see him last week and now he wants me to have another mri before deciding what to do.My personell and company nurse came to see me on wed and told me they could no longer keep my job for me and they would be in touch.i have been with the company 11yrs can they just get rid of me like that.

ohreally

hoover wrote: »

My personell and company nurse came to see me on wed and told me they could no longer keep my job for me and they would be in touch.i have been with the company 11yrs can they just get rid of me like that.

How long have you been signed off sick? I suspect your employer will try and terminate your employment on grounds of capability.If you're a trade union member raise this issue with your steward and or health and safety rep. You may have some protection from the disability discrimination act although it's unwise to comment further without more information. Your employer may also be in a position to implement support mechanisms to enable a return to work, perhaps in a different role.

hoover_2

Hi ohreally thanks for the reply ive been signed off for 16mths now and no im not in a union, I wish now I had of been.

ohreally

I'm concerned that having had two appts with neuro's neither had the mri scans available,then to be told that the wouldn't operate but to be referred to an ortho is absolutely unacceptable.What was their diagnosis based on if there was no scan result available?
Why won't the neuro operate but the ortho is seeking a further scan?
What was the conclusion of the original mri? Were you told there wasn't a clinical need for surgery?

CFC

hoover wrote: »

Hi ohreally thanks for the reply ive been signed off for 16mths now and no im not in a union, I wish now I had of been.

Even if you had been in a union, there comes a point where the employer simply can't keep a job open any longer. I think it may have been allowed to get to 16 months because of your length of service. It is difficult to help when we do not have the full facts of the case or of your problem.

Even if someone is covered under the DDA (which may or may not be the case here) there comes a point where an employer may need to release them. From the length of time that you have been signed off, I assume that there is no way you could go back to work on even a 'limited duty' part time basis. I presume you have thought through every job in your workplace that you are qualified to do, and think that you couldn't return to do anything at all? In fact I'm struggling as to why you want to keep your job at all, is it because it feels like 'giving up and accepting your long term heatlh problem' to let it go? Through no fault of your own, you have a health problem which means you are unable to work. If you are dismissed by your employer, it will be on the grounds of capability, that is that you are not well enough to go to work and there seems to be no possibility on the horizon that this will change. Your work is not doubting that you are sick.

If you believe that your condition has been caused by an injury at work, you should seek further,specialised advice before doing anything.

caris

Hi


I was "sacked" from my employment about 9 years ago now, I had had a major operation and was on sick leave, my employer had been aware of the ill health problems leading up to my operation, I had previously been in and had an hernia operation, and had received nothing but harrassment from my employer wanting to know when I would be back at work, I had been given 6 weeks to recover from the hernia op and given a sicknote from my specialist/gp to cover my absence, in the end I buckled down from the pressure from my employer and returned to work early, however, when I was due to have my major operation I was told I would be of work for 3 months and was not allowed to go back any earlier, I had been off 2 weeks and received a home visit from my employer telling me my job was nolonger there for me and sacked me there and then. I was devasted to say the least. I went to a solicitor who said there was nothing I could do, and eventually found another solicitor who took on my case for unfair dismissal. A couple of days befor e the case was due in court my former employer offered an out of court settlement. I am sure you would be able to take the employer to an industrial tribunal for unfair dismissal, its certainly worth looking into.

If you believe that this situation has arisen due to bullying and your reporting of said bullying it doesn't matter if you wait to be sacked or resign, you are still able to go to an industrial tribunal, if they sack you for unfair dismissal, if you resign,you can go for constructive dismissal. You are able to do this on your own, your first step would be to put your allegations in writing to the local tribunal and ask for a "leave to apply", as far as your employer goes the more difficult you make it for them they are more likely to settle out of court or give you your job back.

caris

dmg24

caris,

I think you are referring to the original post? Bit confusing, as someone has just added to the original post (in 2005) rather than starting a new one.

hoover_2

ohreally wrote: »

I'm concerned that having had two appts with neuro's neither had the mri scans available,then to be told that the wouldn't operate but to be referred to an ortho is absolutely unacceptable.What was their diagnosis based on if there was no scan result available?
Why won't the neuro operate but the ortho is seeking a further scan?
What was the conclusion of the original mri? Were you told there wasn't a clinical need for surgery?

Hi again and thankyou sorry to be such a pain but ive got my mri scan results here and it says there is a bulge of the disc at L4/5 with fissuring of its annulus fibrosis and material of low signal intensity within the exit foramen for the left lumbar nerve that may be disc hernia.