off sick 3 months, medical report seen, now home visit - possible sacking, help!

TrixieB

I've been away from work since April 29th with (suspected) slipped disc, lower back pain and sciatica. I've been referred to neuro and for an mri to investigate. Mobility is hard and have a good day followed by not so good days, followed by flat on my back days. Am always in some degree of pain and also have balance issues atm due to not feeling my leg/foot.

After 4 weeks off they requested a medical report which I viewed and the GP made recommendations for when I am able to go back, light duties, what I can't do etc. (work in a kitchen/cafe)

I've been asked today (a week before I have been employed there for the magic 12 months!) for a home visit with the boss and asst boss (and told I can have a witness) - with a view to letting me go not said in so many words but implied - capability to do the job in the future etc.

They've not so far given any indication of if they can/will adapt my job to light duties (difficult but not impossible imo). I have always gotten the impression from them that they think I am fine and winging it

Any advice on how to handle?
Also how long is reasonable for them to allow me to recover (I will, it's not a degenerative thing as far as we know anyway) and to keep my position open for me?
And am I as well to try and hold them off with this meeting till after my one year anniversary, will it give me more rights?

Also worried about money - assume will have to transfer to ESA but my boyfriend is due to move in shortly and if that happens, I assume I wouldn't be entitled?

help!
(am in Scotland if that makes any difference)

robpw2

all i can offer is my sympathy , i know how you must be feeling , you can get esa even if you live with a partner , you should have enough contrubutiions

as for recovery everyone is different and it can all depend on what "damage" has been done

Jarndyce

Yes, my sympathies too. Can't be easy coping with the physical problems as well as the worry of what will happen to your job.

I won't raise your expectations - your employer probably could now fairly dismiss you under capability, having been off for over 3 months and with no obvious date for a fully effective return.

But it sounds like they are at least being fair to the extent of allowing you to discuss the Occ Health report and this is your opportunity to suggest what you might be able to do on a phased return for example (although from what you are saying this seems some way off?).

As regards the 12 month issue, this is all likely to take more than a week to resolve, so it would be unlikely (unless they are being incredibly ruthless) that they could sack you before your 12 months is in anyway.

All I can suggest is that you give them as positive a prognosis as you are truthfully able to give in terms of when you could return (even on reduced hours and duties) and what you may be capable of, and hope that they are as caring as possible in keeping your job open to allow you return as and when you are able.

Good luck

TrixieB

Thank you for replies - they aren't particularly caring employers tbh - my boyfriend bumped into my boss just last week and he didn't bother to ask how I was or anything

feeling very down just now - my business had to close last year, did well to find another job in 6 weeks and now this.

Judith_W

TBH, they can still dismiss you due to capability even after 12 months, sounds like they are going about it right, and its only after 2 years that you get redundancy.

viktory

I know it's tough on you...but three months! That's a long time to be off sick, especially as you've not even got a formal diagnosis yet. I'm not at all surprised that they are looking to dismiss.

smartpicture

With regard to the 12 months, I would have thought that's not a problem as they would have to give you your proper contracted notice so that would take you over the 12 months anyway, wouldn't it?

KiKi

Judith_W wrote: »

TBH, they can still dismiss you due to capability even after 12 months,

But with due process. Before 12 months, it's' simply a notice period.

and its only after 2 years that you get redundancy.

?? They are not making her job redundant, they are looking at her capability. Even if she had two years' service redundancy would be irrelevant here.


OP, they are doing the right thing by doing a home visit and getting a medical report for you. You need to paint as positive a picture that you realistically can, and try to focus the conversation on what you CAN do, not what you can't. Ie, could you work one or two days a week? Alternative work? Light duties?

If there is no way you can do any work, and there is no possibility of returning to work in any capacity in the near future, then they are entitled to fairly dismiss you on this basis.

Please don't get down or take things personally; it's not about who you are, it's about their needing to run a business. Your manager doesn't have to ask your OH outside of work how you are, and if they do dismiss you, it's not about not liking you.

But I sympathise; I had a bulging disc and terrible sciatica around eight weeks ago. All I could was keep moving, despite the pain, and it did right itself. But the pain was terrible, and I could barely walk down the road, let alone do any work.

KiKi

Uncertain

KiKi wrote: »

But with due process. Before 12 months, it's' simply a notice period.

Yes, but in this case the notice would take the OP over the year so I suspect it is not an issue.

As stated it may well be the circumstances are reasonable for the employer to look towards a capability dismissal.

Should this happen they would have to give you whatever period of notice is specified in your contract (and pay you for it) plus they must pay you for all accrued holiday. You have accrued holiday all the time you have been off sick and continue to accrue it during the notice period.

It is not uncommon in these circumstances to be offered a compromise agreement. Basically this means you sign away all rights to make any claim against employer for pretty much anything including unfair dismissal. In return you get an agreed sum of money and usually an agreed reference. You have to receive independent legal advice for a CA to be valid.

Obviously the employer does not need to do this if they feel they are on solid ground but some prefer the finality rather than run the risk of a claim. Defending any claim costs the employer money which they almost never get back so some see it as the safest option.

If of course there is any suggestion that your back problems have been caused or made worse by your work then this changes the picture substantially.

hcb42

I have sciatica too, although I havent taken time off work even though it is agony, but I am a few weeks into fab new job.

Are you getting the right treatment, I think being relatively immobile can be a hindrance rather than a help

Savvy_Sue

robpw2 wrote: »

all i can offer is my sympathy , i know how you must be feeling , you can get esa even if you live with a partner , you should have enough contrubutiions

but your contributions depend on what you've paid in a fixed period before your claim starts, and given what the OP says ...

TrixieB wrote: »

my business had to close last year, did well to find another job in 6 weeks and now this.

then it's possible that she will not be entitled to contributions based. It depends what NI contributions have been made in the period the calculations are based on.