Have a disability and looking for a new job...

Phoebe-

Whenever I'm off it goes down as 'long term illness' so no disciplinary and it's unpaid. The last 'real sickness' time I had off was in August last year for 3 months with swine flu but that all mingled up with my M.E anyway so went down as long term sick.

I'm confused as to what I have to tell them now lol

cally6008

Phoebe- wrote: »

So I really need a new job. I'm going to the interview on Tuesday (rearranged the days) and at least try! I'll be honest...it's all I can do I suppose! I have to give my application form on the day, and they ask about my sick there, and to continue the reasons why on a seperate sheet if neccessary...so I might just attach one with an explanation, and detailing exactly how this job will help me eliminate my sickness!

Personally I would do this and explain everything to them I would also consider printing out a couple of sheets from the internet that explain what ME is (some people are guaranteed to have a rather blinkered view when it comes down to any sort of illness or condition)

Honesty is best when it comes to your health and your capabilities

Phoebe-

cally6008 wrote: »

Personally I would do this and explain everything to them I would also consider printing out a couple of sheets from the internet that explain what ME is (some people are guaranteed to have a rather blinkered view when it comes down to any sort of illness or condition)

Honesty is best when it comes to your health and your capabilities

That's actually a really good idea to print off a small bit of infortmation about it, because it's something that some people don't have a clue about, or still think it's just 'young people being lazy'.

So I'll just include it all with part of my application. And breakdown my guesstimate of my sick sick, and my long-term M.E sick as my sick sick apart from the Swine Flu is actually reaaaally good, and the M.E sick has only been since January this year.

The big thing effecting it is those bloody 3 months off with swine flu!

Thanks for the advice!!

Phoebe-

SarEl wrote: »

I don't know what union rep told you this, but there is nothing at all in law that says that this is the case. It may be your employers policy to record sickness this way - but nothing oblijes any employer to do this at all. Certainly the DDA does not require this. Employees with a disability can still be dismissed for incapacity. The employer would have to demonstrate reasonable adjustments to compensate for the disability, but the DDA is intended to level the playing field for disabled employees, not to make it possible for them to be treated better than employees without a disability. A reasonable adjustment may, for example, allow a proportion of days of sickness due to a disability to be disregarded - but in the end, anyone who has significant time off work sick may be dismissed if the correct process is followed.

Provisions of the new Equality Act which will soon come into force will make it difficult for any employer to ask "blanket questions" such as how many days someone has had off sick - of anyone. Not impossible though, because employers will be able to ask some questions within certain contexts.

I understand that, and tbh I think it's reasonable that if you can't do your job....that you get dismissed as at the end of the day, they still have a business to run. When I'm in work I'm good at my job, so they're fine for me to take as many odd days off as I need...rather than come in and be too ill to work properly. Tbh, they get in that top companies to work for in The Times every single year since it's been running...so they are good like that. It's just a shame they can't accomidate me any better...seen as it is their shifts that have made it work.

I will just be honest, tell them how it is, write a covering note explaining, and I have lots of other 'selling' points...so I'll just have to try and make the most of my positive attributes and see where that takes me.

SarEl

Phoebe- wrote: »

Whenever I'm off it goes down as 'long term illness' so no disciplinary and it's unpaid. The last 'real sickness' time I had off was in August last year for 3 months with swine flu but that all mingled up with my M.E anyway so went down as long term sick.

I'm confused as to what I have to tell them now lol

That is the employers choice to record and deal with it this way. But if they are asked how many sickness days you have had they are obliged, if they answer (which is also their choice) to tell the truth. As I said, from October an employer will have to be very careful about asking questions like "how many days have you had off sick" - that question put like that, will not be permitted. But they can ask about your health and whether you require reasonable adjustments, and that may prompt an answer that requires you to ask about sickness days due to your disability. But the accurate answer is that if you have been absent from work due to sickness - long term or not, paid or not, then each day counts as sickness. You are able to clarify your response by qualifying it with an explanation, but if you say one thing and your employer says something different then you will have to explain what will look like a lie. Alternatively, you could try clarifying with your employer what they would say if asked.

Phoebe-

I have concerned asking my employer exactly what they would say, and to find out exactly how many days I've had off, but I'm concerned that if they know I'm looking for work elsewhere, that they'll stop helping me out as much as they are, and look for ways to get rid of me etc...

I do think I worry too much sometimes! :P

SarEl

Phoebe- wrote: »

I understand that, and tbh I think it's reasonable that if you can't do your job....that you get dismissed as at the end of the day, they still have a business to run. When I'm in work I'm good at my job, so they're fine for me to take as many odd days off as I need...rather than come in and be too ill to work properly. Tbh, they get in that top companies to work for in The Times every single year since it's been running...so they are good like that. It's just a shame they can't accomidate me any better...seen as it is their shifts that have made it work.

I will just be honest, tell them how it is, write a covering note explaining, and I have lots of other 'selling' points...so I'll just have to try and make the most of my positive attributes and see where that takes me.

Please be clear - I'm not advocating dismissal. But some employers could not possibly carry three months off sick, paid or not, whilst others can. It isn't always about lack of understanding or consideration - sometimes it is just about practical circumstances. When I was in my 20's I had an older friend who had ME (this is a long time ago) when it was not as well understood even by medical practitioners and many of them thought it didn't exist. So I understand how hard it can be. But your current employer, all else put aside, must think you have positive qualities too - they could have been a lot more difficult than they have been. So there are always possibilities that their reference would be balanced anyway.

Phoebe-

SarEl wrote: »

Please be clear - I'm not advocating dismissal. But some employers could not possibly carry three months off sick, paid or not, whilst others can. It isn't always about lack of understanding or consideration - sometimes it is just about practical circumstances. When I was in my 20's I had an older friend who had ME (this is a long time ago) when it was not as well understood even by medical practitioners and many of them thought it didn't exist. So I understand how hard it can be. But your current employer, all else put aside, must think you have positive qualities too - they could have been a lot more difficult than they have been. So there are always possibilities that their reference would be balanced anyway.

Yeah, I do understand. I realise I am luckly I'm able to take time off without worry of the consequences (other than what my payslip will be like after!). But it's such a large company - they're growing so fast we can't physically fit everyone into the building and are having a new one built. So I understand if I worked for a really small company things would be entirley different!

Unfortunatly though, our references aren't allowed to be done by our personal managers. It's the general HR depatment so it literally states how long you've been there, sickness, and disciplinaries you've had, rather than like a ...personal reference as such.

SarEl

Phoebe- wrote: »

Yeah, I do understand. I realise I am luckly I'm able to take time off without worry of the consequences (other than what my payslip will be like after!). But it's such a large company - they're growing so fast we can't physically fit everyone into the building and are having a new one built. So I understand if I worked for a really small company things would be entirley different!

Unfortunatly though, our references aren't allowed to be done by our personal managers. It's the general HR depatment so it literally states how long you've been there, sickness, and disciplinaries you've had, rather than like a ...personal reference as such.

This may seem like a silly suggestion - but (a) this does not stop your manager writing a personal reference (he just can't write it as a representative of the company) and (b) you could ask for the HR policy to be varied as a reasonable adjustment to put some "flesh" on the bones of the information - perhaps by including a statement regarding this to your standard reference.

Phoebe-

SarEl wrote: »

This may seem like a silly suggestion - but (a) this does not stop your manager writing a personal reference (he just can't write it as a representative of the company) and (b) you could ask for the HR policy to be varied as a reasonable adjustment to put some "flesh" on the bones of the information - perhaps by including a statement regarding this to your standard reference.

My managers have told me before that they're banned from writing any kind of references, even to landlords etc. I can always double check with my ex manager who I'm very friendly with outside of work. (We change managers every 6 months or so).

I didn't think about asking HR to do that so -if- I get the job I will certainly ask.

Really stroke of bad luck though...I've woken up this morning with tonsillitis! I haven't had it in so many years now...but it kind of invalidates my point on Tuesday if I go into the interview saying I only have sickness due to my illness, but if I had regular hours my illness would be manageable etc....if I struggle to actually speak as it's too bad! lol. So fingers crossed I'm better for Tuesday!

Thanks for all your help and advice again!