Warning for being ill

Paul_Varjak

I worked for BT as an operator. The job was advertised as 'permanent' but turned out to be an 18 month contract, even though I soon learned that employees did regard these jobs as 'permanent'. This meant they could get rid of people easily before the two year limit (where unfair dismissal then comes into play).

Anyway, I started to suffer with arthritis in my polio leg and bought a car to go to work (rather than use a bike). Within weeks, I was in an accident and my car was written off and I had to go to work by taxi. No sooner had I got a new car but I then had a fall at work (because my caliper broke).

I had taken out physiotherapy insurance (recommended by BT) and made a claim. I could only go to the physiotherapist that the insurance company wanted to send me to and the physiotherapist only worked doing my normal working hours so I had no choice other than to take time off work.

A short while later I had another fall (not at work) and, as it was my non-polio leg that was injured, I could not walk at all and I had to use a wheelchair. The BT building was completely inaccessible with a wheelchair.

A doctor gave me a sick note which I submitted to BT. Whilst at home recuperating, I received a call from the boss at work who suggested that I was avoiding work because I was moving house. Yes, I was due to move house but that had been postponed before my accident and I could not possibly have moved even if I wanted to!


I responded by saying that if he could find an entrance at work without stairs and revolving doors and if someone could carry me upstairs (no lift) I would willingly attend work. He actually took me up on my offer and found a fire door I could use. Just one problem – when they opened it the alarm went off and everyone had to be evacuated from the building! They then decided to accept the doctor’s note!


A few weeks after returning to work (I was still having physio), I went home for lunch and received a call asking me to go to the hospital because they suspected I had broken my leg in the fall (they had reviewed my x-ray). They wanted me to go that afternoon! I said sorry because if I did I would probably lose my job. I returned to work and then went to hospital in the evening. Luckily, everything was OK.


When my 18 month ‘trial period’ was up I received a letter from BT, asking me why they should keep employing me because of the time off I had! They listed the dates when I was off and, yes, they had listed the times when I had been injured and was off work. But they also included the times when I was having physiotherapy arranged by their insurers – and who would only arrange this physiotherapy during working hours!


When I made enquiries about this letter, it became clear that I would be dismissed because of these accidents and the time I had off as a result, so I handed in my notice rather than be dismissed. I was then asked why I had handed in my notice and was asked to sign a document saying that I had left of my own accord on health grounds and I had not been dismissed. I signed that document!


I made a claim for unemployment benefit but, a short while later, received a letter from the Unemployment Benefit Office saying that a doubt over my claim had arisen because BT had told them I had been dismissed for misconduct!


I then had to spend some time getting hold of a copy of the document that BT asked me to sign saying they had not dismissed me, but that I had left of my own accord for health reasons! When I did get hold of that document and sent it to the Unemployment Benefit Office, my claim was re-instated immediately.


PLEASE NOTE: ALL THIS WAS BEFORE THE DISABILITY DISCRIMINATION ACT!

zodiac

That really sucks Paul. If you've got all the paperwork, do you think you could take BT to court? There must be something in the DDA for you?

Lyndsay_21

just an update my brother lost his job! although he isn't innocent in this when i asked my mum if he'd had any days off she said only 1 or 2 in the back of my mind i was thinking he'd bunked off more (didn't want to say it to my mum) and lo and behold he'd had other 'sick' days. So his own fault for skiving, thanks for all the advice.

Freebie_Hunter_2

Companies don't usually give out warnings for illness unless there's a lot of time off taken for it. If he has a lot of absences due to illness, unless he has docs visits to back him up, he doesn't hae much of a case.
There's also the thing that they may have suspected he was hung over and the illness was self-inflicted.
Make sure you get the truth out of him before advising him!

He'll need to speak to the person who sent him home to see if they will back him up. Also any good comapny will keep a record of anyone sent home for any illness and / or accidents.

You have a docs visit to back you up so you can appeal against this warning - you'll need to ask the employer for details of this.