dismissal interview

postmanpat68

hi, to cut a long story short, i have an interview 2/2/10 by my area manager to determine whether i should be dismissed from my employment for an unsatisfactory attendance pattern over 3 years.
1, year 1 16 days ill.
2, year 2 6 days ill.
3, year 3 3 days ill.
this has acording to my employer to be excessive. all days ill are connected to migraines that also give me vertigo and make me unable to drive at work, i drive for a living.
Will i be able to claim for jobseekers allowance if i cannot find employment straight away as i am not sure whether i would be classed as misconduct or not.
thanks.

floss2

Have you been referred to your Occupational Health team? Have any medical reports been prepared? Are you in a union? TBH 25 days sick over 3 years is an average of just over 8 a year, and the number in any one year is dropping.

wuckfit

It's difficult to say. If all the days off occured on a Friday or a Monday, it's easy to see how an employer might take the view that an employee is 'at it'

Just to clarify, you went from 16 days, to 6 days to 3 days in three years? On the face of it, it does seem draconian, especially as your attendance has improved. Have you spoken with your GP to see if there's anything you can do to reduce the risk of migraine?

postmanpat68

My employer refered me to our healthcare and i had a telephone consultation with a doctor whose report was a bit contradicting to say the least.
He stated that the migraine would be cleared up within 2 years ( how did he come to that conclusion) and i may not be covered under the dda.

Days off were when i was unable to stand bright lights and unsteady on my feet due to the vertigo and not on a monday or friday.
My GP is aware of my problem and it is on my GPs notes.

postmanpat68

I am in a union and the area rep will be attending the interview with me.
My employer tend to dissmiss people at what they call attendace stage 3 interview as they need to make big savings ( royal mail).

ohyeahitssorcy

Reasons for dismissal
Employees who are absent on account of sickness or injury can be fairly dismissed for one or more of three reasons.
Most dismissals will be by reason of the employee’s ‘incapability’ to do the job.
Where the absences are short term, intermittent and persistent, and the absences have a significant detrimental impact on the employer’s business, then the dismissal may be by reason of ‘some other substantial reason’ (SOSR).
Unauthorised absences or failures to comply with sickness procedures may justify dismissal by reason of ‘misconduct’.

So in answer to your question i dont think it will be classed as misconduct as long as you have complied with royal mails sickness procedures.

ceridwen

From what you say - that is far from excessive sick leave.

Looks to me like they are after excuses to get rid of people more cheaply than the redundancy terms due.

Keep a record for yourself of the amount of sick leave you have had and - if they do sack you - try and make sure that they state in writing that the reason is too much sick leave.

In those circumstances - IF it came to it that they DID sack you = you head off to the DWP to put in a claim for benefit until you get a new job WITH:
- A record of exactly how much sick leave you have had in, say, the last three years
AND
- written proof that the reason for any dismissal was because of too much sick leave.

I cant think that the DWP would do anything other than hand over full benefit immediately in those circumstances - as it would clearly not be your fault/or at all reasonable that you had been sacked if it came to it. It would just be because they have such a strict sick leave policy - nothing to do with you IYSWIM.

EDIT: A letter from your doctor would be a good idea - stating that these migraines mean you are unable to drive during the course of them. Hopefully that will help protect your job - but, if it doesnt, it would be worth keeping that letter anyway to show to the DWP.

Anihilator

You are a driver though.
Probably concerned you will crash and cause a problem.

pelirocco

ceridwen wrote: »

From what you say - that is far from excessive sick leave.

Looks to me like they are after excuses to get rid of people more cheaply than the redundancy terms due.

Keep a record for yourself of the amount of sick leave you have had and - if they do sack you - try and make sure that they state in writing that the reason is too much sick leave.

In those circumstances - IF it came to it that they DID sack you = you head off to the DWP to put in a claim for benefit until you get a new job WITH:
- A record of exactly how much sick leave you have had in, say, the last three years
AND
- written proof that the reason for any dismissal was because of too much sick leave.

I cant think that the DWP would do anything other than hand over full benefit immediately in those circumstances - as it would clearly not be your fault/or at all reasonable that you had been sacked if it came to it. It would just be because they have such a strict sick leave policy - nothing to do with you IYSWIM.

EDIT: A letter from your doctor would be a good idea - stating that these migraines mean you are unable to drive during the course of them. Hopefully that will help protect your job - but, if it doesnt, it would be worth keeping that letter anyway to show to the DWP.

You really need to be able to back up your claims

pelirocco

Anihilator wrote: »

You are a driver though.
Probably concerned you will crash and cause a problem.

Well as he was off sick this isnt going to happen is it

I agree with other posters the amount of time off sick is far from excessive , hopefully the OPs union rep is effective , but it might be a good idea to get further qualified advice

wuckfit

Anihilator wrote: »

You are a driver though.
Probably concerned you will crash and cause a problem.

Once again, you're posting conjecture rather than anything of help to the OP