Can you lose your job due too arthritis?

loula101

Hi
My partner has rheumatoid arthritis and currently works full time.
He has had a lot of sickness in the past year due to have Sepsis (he was in hospital for over 2 weeks) which caused an arthritis flare up. An operation on his arm, and recently had Covid which caused another flare up.
He has had warnings for his sickness record, although they do recognise this is the nature of his illness and he is likely to have flare ups from time to time.
My question is, can his employer get rid of him due to this? he is currently struggling into work during a flare up, which is causing a great deal of stress, but he is scared he will lose his job. He works for the local authority so even though his line manager is supportive, it all goes through the HR system. 

Also if he were to lose his job from this what sort of money would he be able to have? he pays half the bills which are all in my name, including the mortgage. I work 2 part time jobs myself.

Any help and advice would be great.
Thank you  

JadedAngel88

I lost my job because I have rheumatoid Arthritis. Mine effects my hands quite a lot and the job I was doing, I couldn't do. Plus my employer were unwilling to change any part of the job. I don't mean change, but I can't think of the words, brain fog. 
My employers didn't really want to do anything and literally did everything they could not to. 

But that's neither here nor there in your partner's case. Nobody is really going to know only his employers will. I'm not sure if they have to be a bit more relaxed in the sickness time, It been a few years for me so I'm not up to date on employment law, hopefully some more knowledgeable than me can help with that. 

He has my deepest sympathy for this awful disease, it's ruined my life in so many ways.

loula101

JadedAngel88 said:

I lost my job because I have rheumatoid Arthritis. Mine effects my hands quite a lot and the job I was doing, I couldn't do. Plus my employer were unwilling to change any part of the job. I don't mean change, but I can't think of the words, brain fog. 
My employers didn't really want to do anything and literally did everything they could not to. 

But that's neither here nor there in your partner's case. Nobody is really going to know only his employers will. I'm not sure if they have to be a bit more relaxed in the sickness time, It been a few years for me so I'm not up to date on employment law, hopefully some more knowledgeable than me can help with that. 

He has my deepest sympathy for this awful disease, it's ruined my life in so many ways.

I am so sorry to see what this has done to you, that's awful, I hope some good has come out of it for you?

His affects him in any areas but at the moment its in his knees

elsien

Having an illness/disability doesn’t mean that he can’t eventually be managed out of his job on capability grounds. Doesn’t mean that it will happen either but if he’s having prolonged periods of sickness there may come a period when the employer says enough is enough.
 Has he had a referral to occupational health? If his illness does count as a disability he can request reasonable adjustments, but if the impact on the job is too great the employer is not obliged to carry them out. It’s a starting point though. 

With regard to any entitlement if he does lose his job any claim for means tested benefits would go on your joint incomes. So you might need to look at one of the benefit calculators such as entitled to to get a rough idea. Is he claiming any non-means tested benefits such as PIP? 

diystarter7

Hi OP

As you may be aware, RA like most health conditions can affect individuals differently.

From what I have seen, large companies are often able to give more choices, say less re time off whereas smaller companies
will be quicker to remove staff with a lot of sicknesses.

I feel for you guys as the last thing anyone wants is the threat of dismissal on top of one's health problems

Has your partner consulted, demanded an occupational health assessment and had a union rep with him at a meeting with management regarding his sickness record? Has the company seeked medical evidence from the GP etc with your husband's consent?

Has he rang ACAS as they offer really good advice re ones rights etc.

About benefits, call the council and seek a benefits advice.

I wish your partner all the best as losing a job in the best of times is nt great but one is unwell, it is very worrying indeed

Take care and best wishes.

loula101

elsien said:

Having an illness/disability doesn’t mean that he can’t eventually be managed out of his job on capability grounds. Doesn’t mean that it will happen either but if he’s having prolonged periods of sickness there may come a period when the employer says enough is enough.
 Has he had a referral to occupational health? If his illness does count as a disability he can request reasonable adjustments, but if the impact on the job is too great the employer is not obliged to carry them out. It’s a starting point though. 

With regard to any entitlement if he does lose his job any claim for means tested benefits would go on your joint incomes. So you might need to look at one of the benefit calculators such as entitled to to get a rough idea. Is he claiming any non-means tested benefits such as PIP? 

Occ Health have been involved and wrote a report basically saying he will have flare ups from time to time, its just very stressful that he needs time to recover and then he will be for long time.

He gets PIP at the moment.
Thank you for replying

Marcon

loula101 said:

Hi
My partner has rheumatoid arthritis and currently works full time.
He has had a lot of sickness in the past year due to have Sepsis (he was in hospital for over 2 weeks) which caused an arthritis flare up. An operation on his arm, and recently had Covid which caused another flare up.
He has had warnings for his sickness record, although they do recognise this is the nature of his illness and he is likely to have flare ups from time to time.
My question is, can his employer get rid of him due to this? he is currently struggling into work during a flare up, which is causing a great deal of stress, but he is scared he will lose his job. He works for the local authority so even though his line manager is supportive, it all goes through the HR system. 

Also if he were to lose his job from this what sort of money would he be able to have? he pays half the bills which are all in my name, including the mortgage. I work 2 part time jobs myself.

Any help and advice would be great.
Thank you  

Yes, but there doesn't seem to be any indication that's what his employer has in mind. Warnings for sickness are often little more than a 'tick in the box' from HR and are dished out almost regardless of the cause of the sickness absence. The only way to allay his anxiety is to discuss with his employer.

I presume your partner is in the LGPS? If things get really bad, to the point where he is unable to work and likely to remain so in the longer term, then it is worth discussing the possibility of ill health early retirement. There is no minimum age for paying an ill health pension: https://www.lgpsmember.org/your-pension/planning/ill-health-retirement/ill-health-tiers/.  Be aware that ill health pensions are not some sort of automatic right; there is a process to go through, which will include a requirement for medical evidence to determine whether or not he meets the LGPS criteria for such a retirement. 

loula101

diystarter7 said:

Hi OP

As you may be aware, RA like most health conditions can affect individuals differently.

From what I have seen, large companies are often able to give more choices, say less re time off whereas smaller companies
will be quicker to remove staff with a lot of sicknesses.

I feel for you guys as the last thing anyone wants is the threat of dismissal on top of one's health problems

Has your partner consulted, demanded an occupational health assessment and had a union rep with him at a meeting with management regarding his sickness record? Has the company seeked medical evidence from the GP etc with your husband's consent?

Has he rang ACAS as they offer really good advice re ones rights etc.

About benefits, call the council and seek a benefits advice.

I wish your partner all the best as losing a job in the best of times is nt great but one is unwell, it is very worrying indeed

Take care and best wishes.

Thank you so much,

He works for the local authority so its a very large company and he was redeployed into this role due to his knee problems, before his arthritis. 

Occ Health were involved and wrote a report saying that from time to time he will have flare ups, and from what I can see its managers discretion, but its hard to really know what the report means.

He is using annual leave all the time bless him and its frustrating as its a flare up from having Covid, which he caught at work and he had been so well for a long time.

You have given some great tips, thank you so much

General_Grant

elsien said:

Having an illness/disability doesn’t mean that he can’t eventually be managed out of his job on capability grounds. Doesn’t mean that it will happen either but if he’s having prolonged periods of sickness there may come a period when the employer says enough is enough.
 Has he had a referral to occupational health? If his illness does count as a disability he can request reasonable adjustments, but if the impact on the job is too great the employer is not obliged to carry them out. It’s a starting point though. 

With regard to any entitlement if he does lose his job any claim for means tested benefits would go on your joint incomes. So you might need to look at one of the benefit calculators such as entitled to to get a rough idea. Is he claiming any non-means tested benefits such as PIP? 

And Jobseekers Allowance (JSA) would not be means tested at first.  It would be CB (contribution based) new style JSA, amount £73/week payable for up to 6 months (specifically 182 days).

Jude57

Marcon said:

loula101 said:

Hi
My partner has rheumatoid arthritis and currently works full time.
He has had a lot of sickness in the past year due to have Sepsis (he was in hospital for over 2 weeks) which caused an arthritis flare up. An operation on his arm, and recently had Covid which caused another flare up.
He has had warnings for his sickness record, although they do recognise this is the nature of his illness and he is likely to have flare ups from time to time.
My question is, can his employer get rid of him due to this? he is currently struggling into work during a flare up, which is causing a great deal of stress, but he is scared he will lose his job. He works for the local authority so even though his line manager is supportive, it all goes through the HR system. 

Also if he were to lose his job from this what sort of money would he be able to have? he pays half the bills which are all in my name, including the mortgage. I work 2 part time jobs myself.

Any help and advice would be great.
Thank you  

Yes, but there doesn't seem to be any indication that's what his employer has in mind. Warnings for sickness are often little more than a 'tick in the box' from HR and are dished out almost regardless of the cause of the sickness absence. The only way to allay his anxiety is to discuss with his employer.

I presume your partner is in the LGPS? If things get really bad, to the point where he is unable to work and likely to remain so in the longer term, then it is worth discussing the possibility of ill health early retirement. There is no minimum age for paying an ill health pension: https://www.lgpsmember.org/your-pension/planning/ill-health-retirement/ill-health-tiers/.  Be aware that ill health pensions are not some sort of automatic right; there is a process to go through, which will include a requirement for medical evidence to determine whether or not he meets the LGPS criteria for such a retirement. 

I'd only add that, for a Local Government Pension to be paid early, the claimant would have to demonstrate that they are incapable of working at ANY job, not just the one they currently have, and not just for the employer they currently work for. The process has tightened up considerably over the years and, as you rightly say, it's far from automatic.

For the OP, contact Access to Work to request an assessment. They can see what adjustments would be required to enable your husband to work effectively and comfortably, and, while the employer doesn't HAVE to implement any or all of the recommendations, most public sector employers will go some way to do so. Access to Work are independent of the employer and it's up to the employee to arrange their visit to assess the workplace:

https://www.gov.uk/access-to-work

It may be that, with a progressive condition, there's no way to entirely protect your husband's job, but Access to Work can be a starting point to look at redeployment or, eventually, ill-health retirement.

diystarter7

loula101 said:

diystarter7 said:

Hi OP

As you may be aware, RA like most health conditions can affect individuals differently.

From what I have seen, large companies are often able to give more choices, say less re time off whereas smaller companies
will be quicker to remove staff with a lot of sicknesses.

I feel for you guys as the last thing anyone wants is the threat of dismissal on top of one's health problems

Has your partner consulted, demanded an occupational health assessment and had a union rep with him at a meeting with management regarding his sickness record? Has the company seeked medical evidence from the GP etc with your husband's consent?

Has he rang ACAS as they offer really good advice re ones rights etc.

About benefits, call the council and seek a benefits advice.

I wish your partner all the best as losing a job in the best of times is nt great but one is unwell, it is very worrying indeed

Take care and best wishes.

Thank you so much,

He works for the local authority so its a very large company and he was redeployed into this role due to his knee problems, before his arthritis. 

Occ Health were involved and wrote a report saying that from time to time he will have flare ups, and from what I can see its managers discretion, but its hard to really know what the report means.

He is using annual leave all the time bless him and its frustrating as its a flare up from having Covid, which he caught at work and he had been so well for a long time.

You have given some great tips, thank you so much

Hi
Thank you, no worries

I'm pleased to hear your OH works for the council.
When was the OH assessment, tell him to seek a review.
When your OH is called in, unless he can trust the manager 100%, I'd take in a union rep.
How long has he worked there for and what was his original role (not seeking an exact role but an idea if it he was heavy work/etc)
Do contact ACAS, they have really helped a couple of people I know that were being pushed around by management in a private company.

Is soc supportive?

What does your OH want and what does he feel will make it easier for him
Has your OH seek retraining/etc as there are always jobs around in the council.
Has he seeked flexible working, etc but not sure if that will help.

The better prepared your OH is the better results he will get

I find the council pretty good at helping genuine staff but it depends on the manager a lot ie if they got on with you or hated yor guts etc at times..

Also, do seek benefits advice as this will prepare you guys just in case but I'm sure the coucil will sort something out
Dont forget the chat with ACAS.

Good luck