Epileptic daughter sacked

Marktheshark

Has this episode been logged at her Doctors, if it is so severe she might be better making a DLA or PIP claim.

madmuvva

Does she have any proof she informed them? Ie was it in writing anywhere?

She usually discloses it on application forms. She has just replied, she says "There was no application, I emailed them and they invited me for an interview but I told them and they wrote down that I have some sort of epilepsy "

madmuvva

Marktheshark wrote: »

Has this episode been logged at her Doctors, if it is so severe she might be better making a DLA or PIP claim.

She was in receipt of DLA, then recently decided not to continue her claim as she wanted to "get on with her life without benefits". A 'folly' of youth? Pride? But her prerogative and not necessarily one I agree with it. It is also irrelevant to whether her employer has acted lawfully or not.

Another_not_new_user

I'd have to agree that an appeal to their better nature is probably the only viable option here. Although there might be some cause to look at disability discrimination, especially based on the fact that there appears to have been no process, and no attention given to a disability (which they know about), I suspect it is only a slim chance because in the end she was dismissed for not reporting in to work as sick for over two days. Whilst it may be understandable from the point of view as to her own condition, there is a two way responsibility here - if she knows this is even possible she should be making some provision for someone else to phone in if she has a seizure. Few employers are ever going to be happy when their employee disappears for a few days, no matter what good reason there may be.


My suggestion would be to write to the employer (she writes - not you) and explains again, pointing out her (hopefully) good record to date, asking for a second chance to prove herself, and explains what she proposes to do to ensure that there is never a repetition of this. That way she is demonstrating that she understands that she bears some responsibility for herself here, and that the employer needs to know if she is sick.


Incidentally, I assume she has been risk assessed for her condition in the role she has been working in? Because if someone is subject to epileptic fits, it just seems to me a disaster waiting to happen dealing with hot (boiling?) food and beverages and hot equipment.

Poppie68

Has your daughter had any other time off sick since she started?...
While disabilities are covered to a degree with the Equality Act I would think an employee missing for 3 days would even test the Acts boundaries. A job as a server may not be the best occupation for someone prone to seizures for obvious reasons, I would also maybe making sure any flatmate would be aware of steps to follow if your daughter has another seizure.

Another_not_new_user

Poppie68 wrote: »

Has your daughter had any other time off sick since she started?...
While disabilities are covered to a degree with the Equality Act I would think an employee missing for 3 days would even test the Acts boundaries. A job as a server may not be the best occupation for someone prone to seizures for obvious reasons, I would also maybe making sure any flatmate would be aware of steps to follow if your daughter has another seizure.

And to be objective, in the employers shoes.... a 24 year old woman disappears without a trace from her work shifts at the Valentines weekend (which happens to be a busy time in their world), and comes in Monday saying she was too ill to work or phone in and spent the weekend in bed......! How many employers are going to see that, without any evidence or verification from a doctor, as entirely credible? Sometimes you do have to stop and look at how things look, even if that isn't how things were.

repeatoffender

I think you should seek informed advice regards the equality act. When your daughter declared her disability her employer has a duty to carry out a risk assessment which would include the work she can do and also the process for notifying her employer if she is ill. The employer may not have considered this and an assessment could have ensured that she had a plan for her employer to be notified of any absence.

It may be a way back in to her job by making a complaint that they failed in their duty. The risk assessment would then establish whether she can do the job.

http://www.hse.gov.uk/equality-duty/equality-act-2010.htm

My greater concern would be that her flat mates left her for two and a half days without seeking help or contacting anyone. Whilst it is not uncommon for some epileptics to sleep the clock round post seizure, a series of seizures over a short period should not go un-investigated or undocumented. I would be ensuring that she has a support system in place even if it is an isolated incident.

Good luck, epilepsy has many variants and is still misunderstood.

Ronaldo_Mconaldo

Another_not_new_user wrote: »

And to be objective, in the employers shoes.... a 24 year old woman disappears without a trace from her work shifts at the Valentines weekend (which happens to be a busy time in their world), and comes in Monday saying she was too ill to work or phone in and spent the weekend in bed......! How many employers are going to see that, without any evidence or verification from a doctor, as entirely credible? Sometimes you do have to stop and look at how things look, even if that isn't how things were.

I agree with this. And saying that she's got carpet burns over Valentine's day weekend? Come on, they'll be thinking, we know you've been doing, they'll have no sympathy.

Lioness_Twinkletoes

I have to say from an outsiders POV it does look like she's trying it on. Sounds like she 'got on it' all over the weekend and is blaming her condition.

I work with someone who has epilepsy and she has never failed to contact work when ill. Never. And she lives alone.

repeatoffender

Whether her employer thinks she was trying it on or not there is still a proper process. The risk assessment would establish her type of seizures and how well they are controlled. You can not say that epileptic A always contacts work on time therefore epileptic B has to.

Personal opinion does not override H&S or the equality act.

Your daughter also has responsibility and when she was informed of the absence from work procedure she should have considered how work would be notified should she be incapable herself.

There is a common link between sleep and epilespy and taking sleeping medication on top of seizure medication could have contributed to her recovery time. However two and a half days is a long recovery period by anyone's standards that would be very concerning.

Ultimately though if you are looking for a way back into work then challenging the employer on the lack of risk assessment could be a viable option. Simply writing down that she has some form of epilepsy is a failure on their part.

Also I would not say that it is irrelevant to her employer whether she still has DLA as this would indicate the seriousness of her condition. The descriptors in the Personal Independence Payment do not lend themselves well to mild or well controlled epilepsy.