Absence from work and disciplinary action HELP!!! (long, sorry!!!)

rach29

Ckerrd, If only all employers were like you:T . Unfortunately large companies tend to lose the human touch when they are dealing with hundreds or even thousands of employees.

These procedures are pretty standard across large industries, however that doesn't mean that there is no room within them for the management to "take a view" This works well when the line manager dealing with the sickness is a reasonable human being. Sadly they aren't all like that & this procedure can be used as a stick to beat employees with.

The trick to dealing with it is generally to understand the procedure really well & to make sure EVERYTHING is clearly documented. Plus being open & honest with the employer about the nature of your condition & treatment.

The way forward for the OP is for him to make certain a referral to Occupational Health goes forward & take things from there. Also to involve the union rep if he has one, or speak generally to him/her if he is not a member. Most reps are happy to help out a bit even if you are not a member.

jobbingmusician

CFC's reply is beautifully clear and I would thoroughly endorse it! Your employer is totally ignoring disability procedures at present, and this needs sorting out. Involving the Union is also a good idea........:D

malcindebt

jobbingmusician wrote: »

CFC's reply is beautifully clear and I would thoroughly endorse it! Your employer is totally ignoring disability procedures at present, and this needs sorting out. Involving the Union is also a good idea........:D

The only thing is I'm not classed as disabled.

Fleago

malcindebt wrote: »

The only thing is I'm not classed as disabled.

Malc, I think you may well be covered by the Disability Discrimination Act. Have a look at the Disability Rights Commission website, which has a lot of useful information on it.

It's true that the question of whether a person meets the legal definition of a disabled person can only be legally decided by an employment tribunal*, but that being said, good employers will work with the employee in a situation such as yours to help support you as a matter of good practice. I would expect that the Civil Service should fall into this category of employers!

I suggest that you speak with your Union and say that you believe that you may be disabled under the DDA and that you expect your employer to make reasonable adjustments. Your Union Rep should then be able to support you in taking this line with your employer.

Hope this helps,

Fleago

*Edit - except for situations where a person has specific conditions that mean they are automatically covered by the Act

CFC

malcindebt wrote: »

The only thing is I'm not classed as disabled.

Hi again, you do not have to be what used to be classified as 'disabled' to ask for reasonable adjustments to be made in order to assist you with a problem which is having a substantial effect on your daily life.

You've already had operations which have not fixed the problem, there is no certainty that this will be a temporary problem which should be resolved after another op. So, for the period until it's definitely resolved, this medical problem is having a substantial effect on your daily life. And that's all you need to show in order to ask for reasonable adjustments, you don't need to show that you can't complete any daily tasks or that you are getting any kind of disability benefit.

Are there any other adjustments which might help? For example, if you had a wheelchair to get around at work in, do you think that you might manage to get to work, or is it the pain that makes concentration to work impossible?

I strongly suggest you write the letter as I posted above. You just don't seem to be getting the point, it's not about whether you feel that it's fair to take you to disciplinary because you've kept them fully informed, the quality of your work does not matter twopence ha'penny - it is not about whether you have kept them informed, or whether you are good at your job, it's not about whether your absence is for a genuine reason....it's about the fact that you're not at work.

PS Rach29, I work for a large company in a competitive sector with very tight margins.

jobbingmusician

CFC wrote: »

Hi again, you do not have to be what used to be classified as 'disabled' to ask for reasonable adjustments to be made in order to assist you with a problem which is having a substantial effect on your daily life.

You've already had operations which have not fixed the problem, there is no certainty that this will be a temporary problem which should be resolved after another op. So, for the period until it's definitely resolved, this medical problem is having a substantial effect on your daily life. And that's all you need to show in order to ask for reasonable adjustments, you don't need to show that you can't complete any daily tasks or that you are getting any kind of disability benefit.

Are there any other adjustments which might help? For example, if you had a wheelchair to get around at work in, do you think that you might manage to get to work, or is it the pain that makes concentration to work impossible?

I strongly suggest you write the letter as I posted above. You just don't seem to be getting the point, it's not about whether you feel that it's fair to take you to disciplinary because you've kept them fully informed, the quality of your work does not matter twopence ha'penny - it is not about whether you have kept them informed, or whether you are good at your job, it's not about whether your absence is for a genuine reason....it's about the fact that you're not at work.

Again, I couldn't have put this better myself - in fact the first paragraph was word for word what I had written in my head before I read this final post!

CFC

jobbingmusician wrote: »

Again, I couldn't have put this better myself - in fact the first paragraph was word for word what I had written in my head before I read this final post!

Hmmm........................

is it:

Great minds think alike!

or is it

Fools seldom differ?

jobbingmusician

:rotfl: to CFC...:D

ohreally

malcindebt wrote: »

The only thing is I'm not classed as disabled.

You self define whithin the act! I'm a trade union branch officer and i would strongly suggest raising this with you rep or (better) trade union appointed health amd safety rep.. Is PCS your workplace trade union?

A reasonable adjustment can meran the employer creating a new post for you - case law to support this.

jobbingmusician

The reasonable adjustment you want, and have actually been asking for, without defining it as such, is a change in hours so that your pain is reduced and you can have time to 'go to appointments and physio etc outside works time'. Point out to them that you are disabled, have been asking consistently for what you consider is a reasonable adjustment, and have not only had this refused but have had your referral to occupational health unreasonably delayed!!!

There will be a bunch of red faces round the room if they know ANYTHING about the law....:p