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What can I expect at a meeting to discuss my ongoing absence from work?

2

Comments

  • pupgrum
    pupgrum Posts: 130 Forumite
    Could be the start of OP getting dismissed on capability grounds. Off sick from December is a long time and you can't expect the employer willing to indefinitely wait for you. Not being able to predict when your symptoms might flare up is not good.
  • Toomuchdebt
    Toomuchdebt Posts: 2,133 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Update-
    had the meeting yesterday. I was surprised that I wasn't dismissed. The manager was actually really nice and has suggested I go on a zero hours contract for now and try doing as little as 2 hours a day to see how I cope. It may be that with an extra break or a day off in between I can manage somehow. It won't be for a couple of weeks as they need to check with the directors that they will be happy with this. Also I need to see how that will affect my claim for ESA(I haven't claimed yet-I need to do that tomorrow actually as my sick pay has finished). Obviously I would lose working tax, as I won't be doing 16 hours. Does this sound like a good idea?
    Debts Jan 2014 £20,108.34 :eek:

    EF #70 £0/£1000

    SW 1st 4lbs
  • Update-
    had the meeting yesterday. I was surprised that I wasn't dismissed. The manager was actually really nice and has suggested I go on a zero hours contract for now and try doing as little as 2 hours a day to see how I cope. It may be that with an extra break or a day off in between I can manage somehow. It won't be for a couple of weeks as they need to check with the directors that they will be happy with this. Also I need to see how that will affect my claim for ESA(I haven't claimed yet-I need to do that tomorrow actually as my sick pay has finished). Obviously I would lose working tax, as I won't be doing 16 hours. Does this sound like a good idea?
    If you let them put you on a zero hours contract then they could legally give you no hours and you would have no come back.

    If you want to work 2 hours a day then ask for it as a reasonable adjustment (though its probably unlikely they will allow this IMO), at least then if you are made redundant or notice pay you will get some money at the end down the line.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • sangie595
    sangie595 Posts: 6,092 Forumite
    I agree. There is no reason to change your contract status other than to allow the employer to " dismiss" without any risk.
  • Toomuchdebt
    Toomuchdebt Posts: 2,133 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm on a 25 hour contract at the moment. I haven't been there long enough to get any redundancy anyway. I can't do 25 hours-I wouldn't manage it. The reasoning for a zero hours contract being that if I wasn't well enough to come in it wouldn't count against me. I have joined a union so I will contact them and see what they think.
    Debts Jan 2014 £20,108.34 :eek:

    EF #70 £0/£1000

    SW 1st 4lbs
  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    sangie595 wrote: »
    I agree. There is no reason to change your contract status other than to allow the employer to " dismiss" without any risk.

    There is no reason for the employer to offer this if they want rid, with less than 2 years service the OP could be gone at the drop of a hat without any risk to the employer.

    being on a 20 hour contract and not working under 20 hours through illness is a surefire way to eventual dismissal, flexibility on a zero hour contract may not be.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    There is no reason for the employer to offer this if they want rid, with less than 2 years service the OP could be gone at the drop of a hat without any risk to the employer.

    being on a 20 hour contract and not working under 20 hours through illness is a surefire way to eventual dismissal, flexibility on a zero hour contract may not be.

    Yes there is good reason. dismissal requires payment of the notice period, and at full pay not sick pay rates. It may not amount to a lot of money, but it amounts to something. There is no notice period on a zero hours contract - the employer can simply stop offering any working hours, regardless of whether the OP is sick or not.

    It is entirely possible for an employer to adjust working hours to enable flexible working, reduced working hours, or anything else, as a reasonable adjustment. The only possible reason, therefore, for offering a zero hours contract to someone who already has a contract of employment, is to get rid without any financial risk.

    The OP should be going back and asking for adjustments, not a zero hours contract. That should easily tell her whether the boss is being nice, or trying to pull a fast one. If they are insisting they can only vary the hours of work on a zero hours contract, then it is a fast one because that would be a lie.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    Op, while you are on the sick you are accruing holidays on your 25hr a week contract, let them move you to a zero hour contract and guess what?
    Don't think I need to answer that for you.
    Be Alert..........Britain needs lerts.
  • t0rt0ise
    t0rt0ise Posts: 4,638 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You could be asking for a phased return to work, meaning that you work short days for a while with a view to going back full hours in the future. Far better than a zero hours contract.
  • Your story reminded me very much of my own. I had very similar symptoms, 2-3 years of tests, meds, time off etc from a very stressful job before my fibromyalgia diagnosis. The meds alone made doing my job very difficult.

    I had a similar meeting whilst off sick and in part it was for work to understand more about my health (I had no diagnosis just "neuropathic path" at the time) and in part it was whether I agreed to a doctors report re my condition and an independent OT assessment. HR can be "very black and white", which doesn't fit well with at times invisible and unpredictable illnesses.

    My advice is to think long and hard about whether going onto a zero hours contract is feasible. Especially financially, as this may leave you with no guaranteed income either via pay or ESA. It may be worth discussing with your GP their thoughts re what you could be able to work, as they to date have obviously been signing you off. Much will depend on your own circumstances and I know from the fibro fog what doing simple tasks alone can be like, so try and do as much research as possible.

    Ultimately, I made the decision for myself to leave work, to save my health (I really believe my job was causing me a lot of the issues) but I could afford to and now, 18 months on, I feel well enough to do something part-time. I've been lucky with good all round support, so I hope the same applies for you. Good luck
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