We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Sacked for being ill / disability

Options
p4nth3r7
p4nth3r7 Posts: 7 Forumite
edited 13 July 2010 at 2:12PM in Benefits & tax credits
Hi everyone im new here and looking for some sort of advice.

I started my job in October 2009 and have been getting ill at regular intervals ever since. I have never had a verbal warning or written stating that they would sack me for being ill. I got very ill on this one friday and asked to leave around 7am as i had severe stomach pains, they refused and said 'youll be sacked if you go'. I stayed at work and was getting progressivly worse. I went to the hospital straight after and they told me there was nothing wrong with me and sent me home after around 12 hours. Over the weekend i felt worse and worse but still got up to goto work monday morning when i fainted and woke up in hospital again. I ended up having alot of surgery on my large colon and was formally diagnosed with Chrones Disease. Since then i have been back at work and not had a day off even though being in severe pain and not being able to dress my self in the mornings. I had to leave yesterday to goto the hospital again as i was feeling the same pains i got before surgery and once again he said 'youll be sacked if you go', but i thought i'd go as i value my health more than my job. I have now been signed off work again and i dont know what comeback i have if i have been sacked.

To clarify, my Chrones is classed as disability as it stops me doing alot of day to day activities and is getting worse. I worked 6am-6:30pm monday to thursday and 6am-3pm on fridays (hours i couldnt cope with either).

The boss refused my requests to give me a reasonable adjustment to my working hours under the DDA and i was just about to post the letter requesting this on the day of dismissal.

The constant threats of being sacked and the way he said it to me caused much stress and i have now got anxiety and depression on top of my Chrones and i feel like im in a dark hole as ive never had time off work before and never been out of work until i started this job.

I know i probaly dont make much sense but if anyone does understand this could you please offer me some advice on what to do next?

Thankyou in advance, Mel

PS: its in this section because i would like to know about the benefits i would recieve now ive been signed off too.

Comments

  • SuziQ
    SuziQ Posts: 3,042 Forumite
    edited 13 July 2010 at 2:33PM
    Who told you that Crohns disease is classed a disability? Crohns is not one of those conditions that exempts you from the Personal capability assessment . I had the sister disease, Ulcerative colitis, for 23 years and was never told that. I was only classed as having a disability when I had my large colon removed and had A stoma (ileostomy) for 6 months. Have you beeon on the NACC site for information?
    http://www.nacc.org.uk/content/services/dla.asp

    Are you under a specialist now for Crohns? There are lots of different treatments and many people do well for years before needing any surgery-I managed without surgery for 23 years, until I developed a cancer associated with UC. It sounds as if you are in the early diagnostic period where maybe they haven't found the right combination of drugs for you yet but don't despair, as once they get that side sorted there is no reason why you can't lead a normal life as I did for many years!
    Tomorrow is always fresh, with no mistakes in it!
  • p4nth3r7
    p4nth3r7 Posts: 7 Forumite
    edited 13 July 2010 at 2:53PM
    Basically ive had it since around 2000 when i was 17 and 1st started getting peri anal abcesses, thats when they date it back to. Ive had 2 surgerys on my large colon and a huge slice removed from it. Every morning i wake up around 4am in pain and take my tablets and sit down for a hour watching tv and i cant even bend down to put my socks or trousers on and my missus has to do it for me, then i goto work at 5:30 and suffer pains all throughout the day. The consultant has told me there is only 2 types of meds for this and im on the strongest as the other wouldnt work. The meds cause me muscle pains all day and this alone is enough to make tears come to my eyes if i lift even a shopping bag with say sugar, milk and cereal in it. I have tried to work since surgery but it is getting harder and harder, especially with the boss ive got. He lets about 10% of the workforce go to watch football matchs etc but not me to go to doctors. He also lets ppl start at 8 and finish at 4..but not me. He makes me lift things that are too heavy and doesnt provide me with a facemask for working with MDF. And then top that off with severe pain all day and youve got my day in a nutshell.

    I dont expect sympathy, i dont want to be classed as disabled, i want to work but like i said, its becoming more and more difficult and Chrones isnt meant to be progressive i thought.

    To define disability i had to go through a doctors assessment etc. A disability is anything which stops you doing day to day activities and this doesnt just stop me, it knocks me for six in the process. No Chrones case is the same, there is no cure and no clue for cause either.

    Ps: im very sorry to hear you have cancer that is most unfortuante and i wish you a safe and fast recovery.
  • SuziQ
    SuziQ Posts: 3,042 Forumite
    I'm sorry I misunderstood your first post, but you said you had only been diagnosed with crohns since October so I took it as you wrote it.I am afraid Crohns and UC can be progressive. It is a remitting/relapsing condition.Have you looked at the information on the NACC site? Are you under a renowned centre for treatment? Where do you live? I would seriously consider getting a referral from your GP to one of the centres of excellence-I am under St Marks in Harrow as I live in the south east.

    With things so bad, it really sounds as if you may need to undergo the PCA for ESA and even apply for DLA if you are needing a lot of care-I must stress 'a lot' though. You will do best to have help filling out the forms for DLA as the questions are quite tricky. It is not common to get DLA for Crohns but not impossible either (I only know this from the years I have been involved with the NACC and other support groups.) Maybe in the long term,you would have a better quality of life with a stoma-only you and your surgeon can decide that, but everyone I have spoken to who have had a stoma have only had 1 regret-not doing it sooner and getting their life back! If you want to pm me about anything, please do.
    Tomorrow is always fresh, with no mistakes in it!
  • p4nth3r7
    p4nth3r7 Posts: 7 Forumite
    I was diagnosed in March 2010 but they think ive had it since around 17 years old or maybe before but theyre not entirely sure. I really do want to get back to work but i feel i need to find something new to do and maybe study at college towards a computer course so i can work from home maybe.

    Basically when i wake up the pain makes me dizzy and i cant physically bend over and put socks etc on til ive taken my tabs and painkillers, and even then it is painful throughout the day. Normal things i used to take for granted like getting into the shower and car are hard as the pains in my abs and back are nearly always present.

    I have never been out of work and i really dont want to be on DLA etc but i need to find a job / train for a job that allows me to be seated and not stressful. Also i need a employer who will allow me time off (alot) when i am ill and cant get in. This seems impossible at the best of times let alone with the current climate in the UK.

    I will goto that NACC site and have a look in a minute.

    BTW: is there any comeback against my old boss or does he have the right to treat me like that?
  • audrey25
    audrey25 Posts: 20 Forumite
    p4nth3r7 wrote: »
    Hi everyone im new here and looking for some sort of advice.

    I started my job in October 2009 and have been getting ill at regular intervals ever since. I have never had a verbal warning or written stating that they would sack me for being ill. I got very ill on this one friday and asked to leave around 7am as i had severe stomach pains, they refused and said 'youll be sacked if you go'. I stayed at work and was getting progressivly worse. I went to the hospital straight after and they told me there was nothing wrong with me and sent me home after around 12 hours. Over the weekend i felt worse and worse but still got up to goto work monday morning when i fainted and woke up in hospital again. I ended up having alot of surgery on my large colon and was formally diagnosed with Chrones Disease. Since then i have been back at work and not had a day off even though being in severe pain and not being able to dress my self in the mornings. I had to leave yesterday to goto the hospital again as i was feeling the same pains i got before surgery and once again he said 'youll be sacked if you go', but i thought i'd go as i value my health more than my job. I have now been signed off work again and i dont know what comeback i have if i have been sacked.

    To clarify, my Chrones is classed as disability as it stops me doing alot of day to day activities and is getting worse. I worked 6am-6:30pm monday to thursday and 6am-3pm on fridays (hours i couldnt cope with either).

    The boss refused my requests to give me a reasonable adjustment to my working hours under the DDA and i was just about to post the letter requesting this on the day of dismissal.

    The constant threats of being sacked and the way he said it to me caused much stress and i have now got anxiety and depression on top of my Chrones and i feel like im in a dark hole as ive never had time off work before and never been out of work until i started this job.

    I know i probaly dont make much sense but if anyone does understand this could you please offer me some advice on what to do next?

    Thankyou in advance, Mel

    PS: its in this section because i would like to know about the benefits i would recieve now ive been signed off too.

    Hi Mel,

    I'm really sorry to hear about your treatment by your employer. It sounds appalling and had you been working for the employer for 2 years I'm sure you would have been able to claim for unfair dismissal. You are entitled to a minimum notice of termination of contract of one month, or more if your employment terms and conditions say so. Were you given a written statement of your terms and conditions?

    Like you, I;m new to this forum and I am sure there are people on here with a with more experience of disability discrimination law than I have, but for what it's worth I am not aware that there is a fixed list of disabilities for DDA claims. So far as I know disability is defined in the DDA 1995 as follows:

    "Meaning of “disability” and “disabled person”

    (1) ... a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities."

    and it is a matter to be determined in each individual case. There is some guidance on what is to be taken into account on the Equality and Human Rights Commission website here which may be of assistance.

    http://www.equalityhumanrights.com/uploaded_files/guidance_on_matters_to_be_taken_into_account_in_determining_questions_relating_to_the_definition_of_disability.pdf

    Also, I would think there may be some obligation on you employer under Codes of Practice to have followed a procedure and discussed the situation properly with you when you returned to work after you were first taken to hospital.

    It is a very complex area though and I would suggest you get in touch with the Equality and Human Rights Commission Helpline for a start: details here:

    http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001069

    and on the grievance/disciplinary procedures issue, it might be worth trying the ACAS Helpline: Details here:

    http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DG_10027991

    or at least going onto their website at http://www.acas.org.uk/ to see if you can find any information.

    It's probably also worth doing a search of the MSE forums to see if these issues have come up with anyone else.

    I'm afraid I don't know anything at all about disabiity beneforts or the Personal Capability Assessment but I am sure someone on here has the answers.

    It's really rotten losing your job, but it sounds as though in some ways it's good riddance to this employer. If your illness will enable you to work at all, it shouldn't be hard to find a better employer. If you've never been out of work, you must have skills which you can market and references from previous employers.

    All good wishes. Audrey.
  • sleepless_saver
    sleepless_saver Posts: 2,741 Forumite
    Part of the Furniture
    p4nth3r7 wrote: »
    I have never been out of work and i really dont want to be on DLA etc but i need to find a job / train for a job that allows me to be seated and not stressful. Also i need a employer who will allow me time off (alot) when i am ill and cant get in. This seems impossible at the best of times let alone with the current climate in the UK.

    I will goto that NACC site and have a look in a minute.

    BTW: is there any comeback against my old boss or does he have the right to treat me like that?

    You can receive DLA whether or not you are working, it will certainly do no harm to apply. Best to get help filling in the form, as things you think are important (like pain!) won't count for much and other things you may just take for granted must be included.

    Because you've been in the job for only a few months, the only action you could take against old boss would be on the grounds of disability discrimination. Have a look at this info for a quick guide. Keep a clear record with dates, names of witnesses etc.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    p4nth3r7 wrote: »
    I have never been out of work and i really dont want to be on DLA etc but i need to find a job / train for a job that allows me to be seated and not stressful. Also i need a employer who will allow me time off (alot) when i am ill and cant get in. This seems impossible at the best of times let alone with the current climate in the UK.

    Is self-employment an option? or working from home? This way you can work more on some days and less on others if you need to.
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
    50p saver #40 £20 banked
    Virtual sealed pot #178 £80.25
  • viktory
    viktory Posts: 7,635 Forumite
    edited 13 July 2010 at 6:11PM
    bags12 wrote: »
    Your boss sounds like a right !!!! who could do with a pounding i hate !!!!s like that who think they own you at work. !!!!ing whanker.

    This wins the award of most pointless post of the week.

    Well done.

    Bags posts reported.

    OP - not sure what rights you have as you have been working for your employer for less than a year - however, he may be breaching DDA rules. Call ACAS and ask for advice. I would also make a note of the comments your boss has made, including dates, times and witnesses. Oh and I hate to be picky, but OP please learn how to spell the name of your illness correctly!
  • audrey25
    audrey25 Posts: 20 Forumite
    p4nth3r7 wrote: »
    I was diagnosed in March 2010 but they think ive had it since around 17 years old or maybe before but theyre not entirely sure. I really do want to get back to work but i feel i need to find something new to do and maybe study at college towards a computer course so i can work from home maybe.

    Basically when i wake up the pain makes me dizzy and i cant physically bend over and put socks etc on til ive taken my tabs and painkillers, and even then it is painful throughout the day. Normal things i used to take for granted like getting into the shower and car are hard as the pains in my abs and back are nearly always present.

    I have never been out of work and i really dont want to be on DLA etc but i need to find a job / train for a job that allows me to be seated and not stressful. Also i need a employer who will allow me time off (alot) when i am ill and cant get in. This seems impossible at the best of times let alone with the current climate in the UK.

    I will goto that NACC site and have a look in a minute.

    BTW: is there any comeback against my old boss or does he have the right to treat me like that?

    Hi Mel,

    Just had another thought. Have you tried the DebtFreeWannabee forum on MSE? There are lots of suggestions and discussions there about earning money from home, things like writing reviews and daily clicking you can get in straight away - it won't be very much but it will bring a little to the pot while you get your future sorted. There's lots of support and help generally there for people who are struggling.

    There are tons ideas on the Internet for things you can do at home (but make sure you don't get pulled into any homeworking scams). I was reading an article on a site with 500 ideas about a week ago and it gave me loads of inspiration - don't think I can post a link here though as it sells stuff but there is loads out there if you do a search. You might be able to bring in enough working on your computer at home while you did a distance learning course for something you really want to do.

    It's hard to face up to such a devastating change in your circumstances when you're feeling so ill, and I deeply sympathise, but try to stay brave and strong and remember that you don't have to go back to that horrible job ever again and you now have time to think and plan.

    All the very best of luck. Audrey
  • p4nth3r7
    p4nth3r7 Posts: 7 Forumite
    Thankyou all for your replys and suggestions i think they are all very helpful. I know that at the moment it is unlikely that i will be able to work at least until all this is sorted and my health gets better (fingers crossed). Im hoping the job centre will let me do a college course and maybe the college will let me work from home to combat the illness. Ive been speaking to other Chrones sufferers and some have it really mild but some are worse than me so i guess i will have good and bad days.

    Working from home would be ideal in my situation but without A-Levels i have no chance so i hope they let me goto college.

    Its really scary for me as i have allways provided for my fiance and now i feel like a bum and it is very depressing. At the moment i have also got a peri anal abcess which is so painful i have to lay on my side all day and its slow typing with 1 finger lol.

    About my work/boss, I have never had any contract, never been given a written warning and he terminates employment with immediate effect too so i dont know how he gets away with anything. Everyone at work hates him. Things hes said to staff are horrible like this new 17yr old started work and finished what he was doing and stopped for 2mins to think what to do next and the boss called him a !!!!!!!!. He is only interested in making as much money as he can before hes 55 so he can retire and at the moment he's making around 50k a week profit (all his) and we get around 200k of furniture made a week. He forces you to work upto 52 hours and over that sometimes too. But he's in the past now and good riddence.

    I told the DLA person what my daily pains and obstacles were and she seemed to think i was bang on the mark for recieving it so hopefully i get as much as i can. Ive been earning £300 a week for the last 9 months and my other jobs before that were around the same so its gonna be hard for me to live on these benefits i think and trust me, i would rather work than sit at home all day bored.

    Basically i think i could work from home if i got some qualifications as i could take breaks when i need them and start time wouldnt be a issue for example if i had a bad night of it then i could have a lie in to recupperate. But with the constant pains, dizziness, headaches, throwing up and not being able to get dressed from the waist down without help sometimes it becomes a issue to work for a tryrant lol. So bascially i need a understanding boss like my friend with chrones has.

    Anyway, thankyou all again, sorry i wrote so much, its just nice to have people to talk to about it.

    Mel
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.8K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.8K Work, Benefits & Business
  • 598.6K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 257.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.