Partner with IBS refused SSP

Me2you

Yes she should be issued stages. If she’s taking time of than it’s sickness. Having cancer and not attending work can lead to being dismissed.... or you think a company should employ someone and then find out they take many days off ill putting their colleagues and other staff under stress.

pmduk

Unfortunately, "the odd day off and then a few days off here and there" is more likely to trigger an absence policy than one long period of sickness.

Takeaway_Addict

pmduk wrote: »

Unfortunately, "the odd day off and then a few days off here and there" is more likely to trigger an absence policy than one long period of sickness.

I bet the odd day here or there is still 15+ as a minimum...in a year....

[Deleted User]

93darkknight wrote: »

Are the stages really fine.

Probably, I know the call centre I left only allowed three instances of sick in any subsequent following 6 month period. (Before investigation with the potential for disciplinary action leading to dismissal.)

To be fair they were pretty transparent making it clear on my return to work interview after my one day which they advised was considered the first instance.

nicechap

pmduk wrote: »

Unfortunately, "the odd day off and then a few days off here and there" is more likely to trigger an absence policy than one long period of sickness.

And if they discover the employee has covertly recorded an interview, it won't be long before summarily dismissal.

JCS1

Did they mean they wouldn't pay Statutory Sick Pay or Occupational Sick Pay?

elsien

93darkknight wrote: »

Surely there has to be a duty of care to your employees and increasing stress and anxiety by needlessly issuing these 'Stages' despite having doctors notes and an occupational health report which states she needs the appropriate emotional support are not forms of support at all but in fact contributing to the worsening of her condition.

It's not neccessarily an employer's role to provide emotional support though, is it? They may have a duty in stressful jobs that take a psychological toll on them but that doesn't have to translate to every job or situation. Particularly if the stress is coming from outside of work.

Does the OH report specify what they mean by appropriate emotional support and in what context because that comment seems so vague as to be meaningless as it stands.

JReacher1

One of the criteria you’ve posted in your OP says SSP is only eligible if they are off for four days in a row (including non work days). It sort of reads like your OH has lots of single day absences which obviously means they don’t hit this threshold.

Are you sure the employer didn’t just mean they won’t get paid anymore for single day absences.

Genuineguy03

In regards to IBS being a disability. Yes it is if it has a substantial impact on day to day activities, which from the OPs description it does. And regarding to employers duty of care, its an implied contractual term, so if they haven't done an assessment or made any reasonable adjustments inlight of the employees disability there are then in breach or contract and likely found to have acted unfairly (should they dismiss the employee) and even discrimintory.

Op if not already done so, get letter from GP confirming the IBS and the impact it has to day to day activities, and what reasonable adjystments the employer should consider making. And write letter reminding to employer of their obligations under the equilty act 2010, need to carry out an assessment and reasonable adjustments, and they obligations under implied contractual duty if care to protect the health, well being and safety if their employee. Whilst also pointing out that the two year qualifying period doesn't apply to disability discrimination claims or when one claims unfair dismissal on disabilty grounds- that should give them food for thought

If it ends up in dismissal and you decided to claim at tribunal, claim disability discrimination, you'll get more awarded in damages if successful.

But also you need to think about wether this is an employer worth being an employee of.

Anyway that's my 2 cent. Others may disagree.

sangie595

Genuineguy03 wrote: »

In regards to IBS being a disability. Yes it is if it has a substantial impact on day to day activities, which from the OPs description it does. And regarding to employers duty of care, its an implied contractual term, so if they haven't done an assessment or made any reasonable adjustments inlight of the employees disability there are then in breach or contract and likely found to have acted unfairly (should they dismiss the employee) and even discrimintory.

Op if not already done so, get letter from GP confirming the IBS and the impact it has to day to day activities, and what reasonable adjystments the employer should consider making. And write letter reminding to employer of their obligations under the equilty act 2010, need to carry out an assessment and reasonable adjustments, and they obligations under implied contractual duty if care to protect the health, well being and safety if their employee. Whilst also pointing out that the two year qualifying period doesn't apply to disability discrimination claims or when one claims unfair dismissal on disabilty grounds- that should give them food for thought

If it ends up in dismissal and you decided to claim at tribunal, claim disability discrimination, you'll get more awarded in damages if successful.

But also you need to think about wether this is an employer worth being an employee of.

Anyway that's my 2 cent. Others may disagree.

It often comes as a surprise to some people, but employers employ people to attend work and do work whilst there. Frequent and repeated absence is not acceptable and provided the employer goes through a legally fair process, which it appears they are doing, then they may fairly dismiss, disability or not. A disability is not an excuse to attend work only when you feel well enough to, and no reasonable adjustment will ever stretch to that. The OP must improve . their attendance or accept the consequences.

Follow this advice and I would suggest that your partner will be leaving the employment even more quickly. She needs to discuss with her doctor how she might improve attendance at work, not how she might argue that she doesn't need to our issue vague threats about b disability discrimination for which there is no evidence. Not getting your own way and Bening disabled is not the definition of disability discrimination.