Can i be dismissed for being on long term sick?

Looter

Hello all

I'm a bus driver for one of the main companies in the UK. Back in April I went off sick due to chest pains / shortness of breath. I was referred to see a cardiologist and had some tests and told me I needed an angiogram. Due to the risks involved I decided to diet and exercise whilst waiting for the op as I was on the heavy side, after a month or so my symptoms went so I cancelled the op and got a fit for work note from my GP and I went back to work beginning of June.

A couple of weeks later the company doc got my medical records and told my employer I shouldn't have come back to work as I didn't have the op, but I could have a myocardial perfusion scan instead, which is less invasive. The company then made me go on the sick.

So I have been off sick since 24th June waiting to have the perfusion scan (on NHS), I've lost 3 stone, running 20 - 30 miles a week, no symptoms whatsoever. I had the scan on 6 October, and I've now had disciplinaries at work due to length of time I've had off. I've been on SSP all this time struggling. I've now had to agree to come off SSP and go on unpaid leave til I get the results. I've now got the scan results but GP is now saying it's a DVLA matter and he can't issue a fit for work note!!! A couple of weeks ago my union rep advised me not to tell DVLA about this as it's nearly over and it could take ages to get my licence back from them. Also, if I lose my PCV entitlement due to ill health I'm supposed to get a £7k payout from the union, but it looks like I'm going to be dismissed for amount of time off first. I've got a disciplinary on Monday, and I'm supposed to give them a date when I'll return to work. What do I do? If you've read all this, thank you, and thanks for any advice.

Looter

Horseunderwater

The main issue here is driving with a heart condition which is normally an automatic loss of licence.
However, you have taken quite a bit of action to get fitter, so that counts in you favor. Did the scan show any abnormality or did any other tests show any thing? If not then the GP should sign you back into work. However, you should have told DVLA when this started as it could have been sorted correctly by now.
You should not be able to be dismissed disciplinarily for this unless your licence has been taken away. So has the GP told DVLA? If they have then you're probably stuffed.

I am going through a similar issue with my PCV for something different, but I still need to get my GP to do the paperwork etc.
The Direct gov website has a link to drivers and a list of notifiable conditions for bus/lorry drivers. I suggest that you look at this and have a good read. There may be a form that you can download, take to GP and clear this up.
If you have paid into the insurance, does it actually cover this situation? Read the policy small print. If it does the the payout may be worth getting - will give you breathing space to sort the matter out and get another job.
Frances

McKneff

I'm fairly sure that they cant insist that you come off ssp and go on unpaid leave. SSp is a basic entitlement. See your Union Rep about this.

Uncertain

McKneff wrote: »

I'm fairly sure that they cant insist that you come off ssp and go on unpaid leave. SSp is a basic entitlement. See your Union Rep about this.

No they can't insist on this but that is not the way I read the OP's post.

Many employers offer the option of taking some annual leave if you are not getting company sick pay or when it runs out but it can't be forced.

I am surprised that the union suggested not telling the DVLA. Presumably there are tight medical requirements for a PCV licence and I imagine it is an offence not to comply with them.

If the company were to dismiss on medical grounds they would have to give notice and, to cover themselves, follow normal procedure.

Are you saying it would be in your interest if the licence was cancelled whilst you are still employed? If there are medical gounds for this can it not happen during the notice period (i.e whilst still employed)?

bobajob_1966

McKneff wrote: »

I'm fairly sure that they cant insist that you come off ssp and go on unpaid leave. SSp is a basic entitlement. See your Union Rep about this.

I wonder if there has been a misunderstanding - given the time he has been off, it is likely that the OP has exhausted his SSP entitlement.

t0rt0ise

As I read it you decided yourself that you didn't need the angio and were better. Which is a very odd thing to do. Do you have no faith in the NHS consultant to tell whether there's anything wrong with you or not? No wonder the employer is concerned.

paddedjohn

so the union rep tells you not to notify the dvla thus preventing you claiming £7k off said union ??????????????

Looter

WOW, can't believe the response! Thank you. Just to clear things up:
Scan concluded I have "normal systolic function"
GP did not tell DVLA
Not exhausted SSP entitlement, could have got it until end of Dec.
I didn't see the point in having a potential risky op when my symptoms had disappeared.

Other half pointed out, what am I meant to disclose? I had chest pains for a couple of weeks in April? Not worth losing my job over in my opinion. I just want to do what I love, which is driving buses. Sick of the red tape!

McKneff

been on SSP all this time struggling. I've now had to agree to come off SSP and go on unpaid leave

This is what the OP said, I understand that they can be offered paid leave, but not forced to take unpaid leave.

Bobajob seems to have the answer to it, I think thats the most likely explanation but surely the OP could claim ESA, they cant expect him to live on nothing.

SarEl

Horseunderwater wrote: »

The main issue here is driving with a heart condition which is normally an automatic loss of licence.
However, you have taken quite a bit of action to get fitter, so that counts in you favor. I am sorry but I have to totally disgaree with this. The requirement to notify DVLA is a legal requirement, as much on you as on the GP, and failure to notify them is (a) a criminal offence and (b) given your occupation - gross misconduct. If you were advised to notify DVLA then that is exactly what you should have done, and efforst to get fitter will not in any way impress them or count in your favour.

Did the scan show any abnormality or did any other tests show any thing? If not then the GP should sign you back into work. However, you should have told DVLA when this started as it could have been sorted correctly by now. As I read the OP the GP has said that the DVLA must be informed and that the OP is not going to be signed back fit for work - it would therefore appear that something is indeed wrong.

You should not be able to be dismissed disciplinarily for this unless your licence has been taken away. So has the GP told DVLA? If they have then you're probably stuffed. No - the OP can be dismissed for too much time off sick too - whether or not he loses his licence.

Assuming that this is your first disciplinary for sickness absence it is almost certain that you would not be dimissed on the first occasion. I would also suggest that if you have no diagnosis then you ask your union to ask for a short period of postponement to obtain this. because if this is heart disease then you are immediately classed as disabled and therefore subject to the (limited) protections of the Equality Act. As such this does not save your liecence, not does it entirely prevent the employer dismissing for prolonged sickness absence. But it may get you some time before a dismissal takes place, and it puts an obligation on teh employer to consdier whether there are other employments which may be suited to you which fall under the category of reasonable adjustments. It isn't a life belt - more of a life line. You may still sink, but it is possible it may "get to land" before you do.

Looter

McKneff wrote: »

been on SSP all this time struggling. I've now had to agree to come off SSP and go on unpaid leave

This is what the OP said, I understand that they can be offered paid leave, but not forced to take unpaid leave.

Bobajob seems to have the answer to it, I think thats the most likely explanation but surely the OP could claim ESA, they cant expect him to live on nothing.

.....My partner has been supporting me through all this, I don't like to rely on anyone but had no choice whilst living this nightmare.