Sacked for being disabled?

Jamie_Carter

MissNice wrote: »

Hi all,
Thanks for your replies, I've been trying to get a bit more info out of my boyfriend so I can act accordingly RE advice etc.
He was sent a letter from his manager yesterday saying:

The reason for the review was that you have had 28 days sickness absence due to injuries following a car crash, upset stomach ,tendonitis, swelling around ankle and
hit the trigger points of
6 working days absence within the previous 3 months
3 separate incidents of absence within the previous 3 months
12 days within the previous 12 months
6 separate incidents within the previous 12 months


The purpose of the meeting was to explore the reasons for your absences. During the meeting we discussed the following :
We have re-submitted the non-people pay panel to order you a new chair, suitable for you
Your trigger points would be increased by 50% as recommended by occupational Health (THIS WAS DONE ABOUT 2 WEEKS AGO)
Your sickness had a great impact on the rest of the team , who have had to cover extra shifts on the phone as a result (BF IS NOT SUPPOSED TO BE ON PHONES, HIS MANAGER ISNT HIS BIGGEST FAN SO ALWAYS MAKES HIM DO IT, SO OTHERS HAVE HAD TO DO IT WHEN HE IS OFF, EVEN THOUGH ARE DEDICATED PHONE/ADMIN STAFF AND HE ISN'T)

It was agreed that there was nothing specific that we would be able to do, which could reduce your levels of sickness, but that we would hope to do more regular one-to-ones with all staff following changes being made in June


After taking into account what had been said, and the reports and advice from occupational health, you are issued with a Stage 1 warning, which will remain "live" for 6 months . Please note that if your attendance is unsatisfactory during the currency of the warning, further action will be taken immediately, which may include dismissal.


You have the right of appeal against the warning, and should lodge your appeal in writing within five working days of the receipt of this letter to MANAGER

You can appeal on the grounds that you consider the sanction too harsh, that you dispute the medical evidence considered or that you consider there has been a misapplication of the policy or procedure. Please state on what grounds your appeal is being made. Your appeal will be heard by another manager within the company.

They have made him sign the letter posted above.
He's told me his days sick since Feb 2013, first of which happened June 2013:
10- Jaw/ Ear
5- Car crash
1-sickness
2-ankle
5-foot
3-foot
2-sickness

He thinks the 10 days for his jaw/ ear infection were after his one year probation (they also run holiday in the financial not calendar year) so would that count as a new year of sickness? Can they count that against him?
He is lactose intolerant so that would explain the 3 days "sickness". Is there any way of getting the ankle/ foot days combined into one bout of sickness? I've asked him to show me the work sickness policy to see how they classify sickness, whether they go on the days taken or on each bout of time off or both.
Is there anything we can do to appeal this? I know he has had a lot of time off, but all bar the car crash is due to him being disabled and having a weakened immune system because of it.
He cant really agree to say things will improve over the next 6 months, I mean I can try and make sure he stays away from dairy so he wont be puking! But otherwise, there isn't much he can do to improve it apart from go to work in pain
Its not looking good

Personally I think the employer has been very reasonable, and would recommend that the stage one warning be accepted.


As for the 12 month period, my employer counts the previous 12 months, not the financial year or calendar year. I think this is the norm.

Jamie_Carter

MissNice wrote: »

I've just checked his sickness policy and they have made no exceptions for his disability as occupational health said they would.

They must have an extremely generous policy then.

Takeaway_Addict

Even retrospectively it seems if you added 50% on you would still be well over the 12 days in 12 months.

Tiddlywinks

MissNice wrote: »

He's told me his days sick since Feb 2013, first of which happened June 2013:
10- Jaw/ Ear
5- Car crash
1-sickness
2-ankle
5-foot
3-foot
2-sickness

He thinks the 10 days for his jaw/ ear infection were after his one year probation (they also run holiday in the financial not calendar year) so would that count as a new year of sickness? Can they count that against him?
He is lactose intolerant so that would explain the 3 days "sickness". Is there any way of getting the ankle/ foot days combined into one bout of sickness? I've asked him to show me the work sickness policy to see how they classify sickness, whether they go on the days taken or on each bout of time off or both.
Is there anything we can do to appeal this? I know he has had a lot of time off, but all bar the car crash is due to him being disabled and having a weakened immune system because of it.
He cant really agree to say things will improve over the next 6 months, I mean I can try and make sure he stays away from dairy so he wont be puking! But otherwise, there isn't much he can do to improve it apart from go to work in pain
Its not looking good

That line in bold really stands out to me... he is 'lactose intolerant'... so are 1,000s of others - it's not great but you manage it. Why do you have to try to make sure he stays away from dairy? He is an adult, he needs to start ensuring he does his best to stay match fit.

You say he is disabled due to another condition - has the employer acknowledged that he meets the definition? Is that why they have given the extra 50% sick leave tolerances?

You need to understand that being disabled affords some protection against discrimination BUT it doesn't mean that the employer can't go down the 'capability' route if attendance is poor.

They are a business and as long as they have considered reasonable adjustments,where appropriate, to assist continued working, they can eventually terminate his employment.

It is not personal, but businesses are often operating on tight overheads and can't afford to employ someone that can't do the job.

Is your BF receiving all the support he can for his medical conditions?