Disability issues

Cucela

Hi everyone,

I hope I can get some advice.

I have long term mental health illnesses. I started in the new healthcare role 6 months ago, and have had total of 20 days of absence all related to my mental health. Because I only work part time, I have been off work a lot.
The new job is affecting my mental health and therefore the stress of learning and facing difficult situations triggers my sickness and therefore I feel stuck in the vicious cycle. The work has been supportive, but there is only so much they can do.
However, I am concern that they will not confirm me in post due to absence and the fact that I am not up to speed with the role yet. Can they do it or would i be protected under the equality act?
The other side is that it is only fixed term contract which will end next year. I know that the role will be needed long term but I am afraid that they will end my fixed term contract and employe someone that doesnt have a disability. Can they do that?

[Deleted User]

Cucela wrote: »

Hi everyone,

I hope I can get some advice.

I have long term mental health illnesses. I started in the new healthcare role 6 months ago, and have had total of 20 days of absence all related to my mental health. Because I only work part time, I have been off work a lot.
The new job is affecting my mental health and therefore the stress of learning and facing difficult situations triggers my sickness and therefore I feel stuck in the vicious cycle. The work has been supportive, but there is only so much they can do.
However, I am concern that they will not confirm me in post due to absence and the fact that I am not up to speed with the role yet. Can they do it or would i be protected under the equality act?
The other side is that it is only fixed term contract which will end next year. I know that the role will be needed long term but I am afraid that they will end my fixed term contract and employe someone that doesnt have a disability. Can they do that?

Yes they can do that. If you fail to pass their probation, fail their sickness policy or they just don't want to employ you they can. You are protected from discrimination but letting you go because of too much time off sick isn't discrimination if they'd do the same to any employee with a lot of time off sick.

Maybe the job just isn't right and you need to get more well then get a less demanding role elsewhere.

Blatchford

Cucela wrote: »

Hi everyone,

I hope I can get some advice.

I have long term mental health illnesses. I started in the new healthcare role 6 months ago, and have had total of 20 days of absence all related to my mental health. Because I only work part time, I have been off work a lot.
The new job is affecting my mental health and therefore the stress of learning and facing difficult situations triggers my sickness and therefore I feel stuck in the vicious cycle. The work has been supportive, but there is only so much they can do.
However, I am concern that they will not confirm me in post due to absence and the fact that I am not up to speed with the role yet. Can they do it or would i be protected under the equality act?
The other side is that it is only fixed term contract which will end next year. I know that the role will be needed long term but I am afraid that they will end my fixed term contract and employe someone that doesnt have a disability. Can they do that?

Sorry, but yes and yes. The Equality Act does not prevent someone from being dismissed. You have had significant sickness leave, and that had then meant that you have struggled with performance as well. Those are fair reasons to dismiss, disability or not. Disability does not entitle someone to be treated better than those without a disability, and anyone in your position would probably be dismissed - in fact, probably already would have been. So if they decided not to renew your contract, they would also have grounds. Whether they replace you with someone without a disability is irrelevant - you cannot do the job and that is the issue.

With the greatest of respect, and speaking as someone with a high degree of disability, you are being unfair. You have said that you acknowledge that your sickness levels are unacceptably high, you are struggling to learn the job and cannot deal with difficult situations. All of which appear to be a normal feature of your job even if you could reduce your sickness. If you do not manage stress, learning and difficult situations, health care just doesn't seem like a suitable choice for you at the moment. A frank conversation with the employer may be in order, because if the job isn't going to work out for them or you, a mutually agreed parting of the ways might be better than a dismissal.

polgara

Personally I would not confirm you in post if you’d had that level of sickness - you’ve had at least 4 weeks off in the first six months!

In your case I’d be suggesting to you that this role isn’t suitable for you if it’s stressing you to such an extent and you have to look after your own well-being first.

Cucela

Thank you all for your honest answers.
I am due to see Occupational Health who hopefully will suggest adjustment to my duties and casework, I genuinely believe that with less pressure I can reach the standard required. I am worried as my probation is due soon and that I will not have enough time to prove myself.