Can I be fired for being off sick?

Dinah93

And additionally if they fire me do I have any retaliation?
I've worked for my employer (large council) for 9 years, my daughter was born with a lot of health issues, one of which is a condition that is usually fatal within the first 4 months of life. Somehow she's still fine a year on, they don't know if she has a rare form or is it a misdiagnosis? We were told to take her home and enjoy what time we had with her. I should have been back at work 7 weeks ago, but I've been signed off with depression, anxiety, PTSD, and am on medication and seeing a councillor. I'm really struggling with the idea of even possibly losing my daughter. My employer came to visit me yesterday and have made me aware they're looking to end my contract, I was hoping to be back in 2 or 3 months but now I feel completely cornered. I like my job, I want to go back, but right now I don't feel like I could cope.

browneyedbazzi

You can be dismissed for taking sick leave but there is a procedure that has to be followed and it generally takes a fair bit for someone to lose a local government job due to sick leave - have you had other periods of sick leave? You should have a look at your authority's sickness absence policy and speak to your union rep.

Jobseeeker

is your employer aware that your daughter has a fatal illness?

Dinah93

Yes they're aware, they seem to think its all me worrying because she was premature but it's not that at all, its the ongoing issues and what we may hit in the future that has me scared. How can I go to work if there is there even the chance my time with her is finite and I waste it sat behind a desk?

I have had one other period of sick leave about 3 years ago, I damaged my knee (not on the job, but I literally bent to pick something up and it gave out and that was that) and needed surgery, and as my job involves a lot of driving I was off while waiting for the operation and during recovery.

Do you have any idea what that procedure is browneyedbazzi? So far I've met with them 4 times in 2 months, and met with their occupational health adviser. The first two meetings were within a week of one another, the last time was about 3 weeks ago when they said they couldn't support a period of indefinite sick leave, the fourth is tomorrow, the letter I've received says it is to draw a conclusion to my case - but so far nothing has been put in writing, wouldn't they have to give me some kind of notice to terminate my contract?

bluenoseam

Yes they would and it's given at the time you're given the boot, they will pay you in lieu of notice along with any accrued holiday time.

The truth is that you're off ill, with no visible route back to work in the immediate future, or infact long term future, while I concur this might be an upsetting time for you, for your employer it's an inconvenience. This is an inconvenience they cannot support indefinitely - they've informed you as much - and have followed the procedure to dismiss you. I'm afraid while I agree with your side of things, I also cannot fault the employer for this, they have to act in order to protect themselves and as vile as it sounds, you're currently no use to them. (that's a very blunt way of putting it, but I'm afraid it's the best wording I can come up with on a Monday morning)

What I would say is that it might be possible to use this meeting in order to avoid burning bridges, while you might not agree with their actions don't go in there looking for a fight. Be calm & sensible, think of the future beyond your Daughter's illness, because if you kick off and burn the bridges they may be extremely reluctant to offer a reference.

antonic

Can you afford (financially) to take an unpaid career break to be with your daughter ?.

(I am a Civil Servant and my employer will allow you to take an unpaid career break of upto 5 years).

Have you checked to see if your daughters medical condition qualifies you for protection under the Equality Act 2010 ?

If you are a Union Member have you discussed this with them ?.

You need to check your staff handbook for the policies regarding situations like this - and yes they can dismiss you on capability grounds if they believe your sick leave is excessive and you cant do the job , also they can back over a set number of years to average out your sick leave and decide if its excessive.

(With me in Dec 2009 I broke my left wrist in a trip (not at work), I was then off sick for 10 weeks while I recovered - fast forward to Oct 2010 it was decided I needed surgery to improve the function of my left wrist, this took place in April 2011 and I was off for a further 10 weeks. My employer averages out my sick leave over 4 years for deciding if I am capable of doing my job, so the sick leave for Dec 2009 to Feb 2010 will start to drop off from Dec 2013 to Feb 2014, and for my second bout from Apr 2015 to July 2015).

So if something major was to happen to me (sick wise), I will be in that process - I hope nothing happens though, but you never know what the future will bring.

Good luck and post back if you need more help.

tonyalcock

From what you say, I see that the problem might be far behinf your work. Unfortunately the employer can do that, however you have the chance to protect yourself by following the advice given above. I really hope that you and your child will get better soon!

Dinah93

bluenoseam wrote: »

Yes they would and it's given at the time you're given the boot, they will pay you in lieu of notice along with any accrued holiday time.

The truth is that you're off ill, with no visible route back to work in the immediate future, or infact long term future, while I concur this might be an upsetting time for you, for your employer it's an inconvenience. This is an inconvenience they cannot support indefinitely - they've informed you as much - and have followed the procedure to dismiss you. I'm afraid while I agree with your side of things, I also cannot fault the employer for this, they have to act in order to protect themselves and as vile as it sounds, you're currently no use to them. (that's a very blunt way of putting it, but I'm afraid it's the best wording I can come up with on a Monday morning)

What I would say is that it might be possible to use this meeting in order to avoid burning bridges, while you might not agree with their actions don't go in there looking for a fight. Be calm & sensible, think of the future beyond your Daughter's illness, because if you kick off and burn the bridges they may be extremely reluctant to offer a reference.

ACAS told me they would have to give me a notice of intention, with a reasonable timeframe in which I had to return to work or my contract would be ended?

I'm not the type to go in for a fight, I just feel like I'm blindsided at every turn, I was working hard to get back to work, and I was hoping to do so on a phased return by July/August time, then they came out and told me they couldn't support indefinite sick leave and I had to give them an exact date and I just fell apart again because I couldn't give them an exact date.