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Health Problems And Work

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  • Health Problems And Work

    Hello,
    I am having a meeting at 12pm with HR and I need your advise.

    I have always had a bad immunity system. I have been sick a lot through my childhood and my teenage years. Previously I worked for a private equity company where one woman constantly bullied me about being sick every month (even though I had my laptop sent to my house each time on my first day of absence!). Then in December 2006 I was diagnosed with stage 2B of Hodgkins Lymphoma. I started 6 months of chemotherapy treatment in January 2007. After I completed the treatment I had a year off work. Then on 15th September I started working as a Executive Asstant at another private equity investment company. During my interview I informed them about my medical history.

    It's been almost 3 years since I started working for this company and from the begining I have been having problems with getting sick a lot. In my first year of working here i even had 30 days off. In second - 13 days. Now, i started the year with 8 days off.

    Since chemotherapy I have been suffering from a weak immunity which is one of the long term side effects. I get sick a lot, sometimes even every 2 months. Someone comes to work sick or someone else sneezes at me on the tube and I get infected. I also get sick when I deal with a lot of stress. It has been extremely frustrating and expensive. I am trying different ways to boost my immunity, but apparently it may take years before I will get sick less, like normal people - once or twice a year.

    Last week I had flu second time in 5 weeks! I got infected in Poland where I was visiting my family. I supposed to be back in the office after Easter Monday, but I was so unwell I decided to stay in for one more day. After a day I ralised I am not getting better and it would be sensible to stay in bed for the whole week and the following Bank Holiday weekend.

    On my return in the office on Tuesday, Office Manager called me in to explain that they are concerned I have so far taken 8 days of sick leave and that they think there is a pattern with me being sick around holidays (speculating i am simulating a sickness!) and they decided they will NOT pay me fully for last week and any future sickness. My contract says: "The Company may, at its discretion, pay salary over and above Statutory Sick Payt, in the event of your absence from work due to sickness or injury. Whilst it is the policy of the Company to make up salaries during periods of sickness or incapacity not exceeding an aggregate of three months in any calendar year, the Company reserves the right to suspend or reduce such payments at any time."


    I understand their position, no one else in the company gets sick as much as me, but since an interview they knew my medical history and knew i may be suffering from long term effect of it.

    What really got me upset is simulating that there is a pattern. I told them that it is a complete coincidence! I am NOT a person who would ever lie or cheat and take advatage of my medical history! I worked for first 2 days of my absence from home and on last Bank Holiday Monday i did emails from home to make sure I do not have any backlog. If I was a person who simulates ilness I would not offer to work from home, I would ask for cover and stay at home sunbathing in the garden or partying in the city!

    Believe me, I never cheated with sickness. The problem is that every time a normal person gets sick they stay on bed for 3 days and they are fine. I am always sick with high fever for a week or so (just like last week).

    I have had an excellent work review last June, i even got a pay rise. I ALWAYS offer to work from home when I am sick cause I feel bad about an inconvenience it is causing for everybody and now, i am suspected of fraud.

    I explained to Office Manager that the reason i get sick on holiday (which happened probably 2-3 times in 3 years of working here) may be that I am always very stressed a week before I go away, I have to prepare everything for a team of 4 and I work long hours. When I finally go on holiday, all that stress sinks in and I get sick.

    I cannot explain why i got sick before Christmas or around Bank Holidays! It was again a coincidence. They think i have been pretending to be sick and extanding my holiday. Bull****!!!!

    I accept the fact they have a right pay me less, and I decided that in the future i will NEVER work from home but ask for cover straight away, but I do NOT accept being accused of taking advantage of holiday, making up stories about being sick. I told them I have never had anything to hide, so i am surprised HR didn't get in a taxi and came to visit me at home. They would then see I am sick, in bed and unable to come to the office.

    I am doing my best to stay well - i take lots of supplements, I eat well, i exercise, I go to bed at 10pm and I asked to be moved to a new team and working for Senior guys was extremnely stressful and involved very long hours.

    Can you please advise me how to deal with those accusations? I will much appreciate it.

    Thank you.
    Noushki
    Last edited by Celestine; 5th May 2011, 10:53:AM.
    Tags: None

  • #2
    Re: Health Problems And Work

    Did you see a doctor on each occasion?
    As you have said, with these frequent occurrences it would be better to always seek medical attention so that should they say anything like this that you can specifically state whether they would like to see sight of your medical notes for visits to the doctor
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Health Problems And Work

      Hi Noushki,

      I've only just seen this, so I hope all is/went ok.
      So, a few quick thoughts.

      1/ The meeting with HR - informal or disciplinary? If disciplinary, you should have been informed of this, together with your rights (eg right to be accompanied, amongst others).

      2/ If informal, but evolved into disciplinary, the meeting should have ceased, and be reconvened at a later date, having informed you in writing of any concerns, & your rights.

      3/ Either way, immediately write contemporaneous notes of what occurred, & email them to yourself (that proves when you wrote them, & you it can't then be implied that you wrote them at a later date).

      4/If all did not go ok, or if you have concerns about the way the meeting went, or the way you have been treated, raise a formal grievance in writing to HR, outlining your concerns. (They have to deal with your grievance in a reasonable time - usually 7 days - at a time & venue suitable to you).

      5/ Does your firm have an Occupational Health dept or outsource - if yes, has your employer referred you? (They have a duty to be pro-active, not just say "it's there if you want it").

      6/ your illness probably puts you under the protection of the Equality Act 2010 (or the Disability Discimination Act 1995, if events complained about started before October 2010).

      Finally loads more info can be obtained from:-

      http://www.acas.org.uk/index.aspx?articleid=1461

      EHRC - Home

      Ps - the complaint, should it need to go to Tribunal, needs to submitted to the ET within 3 months (normally)
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Health Problems And Work

        There's also the grievance procedure.

        Go to your GP and get some back-up in the form of evidence of your state of health. You will be ill again. We all are. Next time go to your GP and if your firm play silly buggers then expedite the grievance procedure.

        Comment


        • #5
          Re: Health Problems And Work

          Thank you for your response!

          You're right, I have made a mistake of self certifying my sickness. I did have few notes from doctors if I was sick longer than 5 days, but recently it was 5 and 3 days each time and I came across GPs who did not want to give me a medical note for 3 days. However I will explain to my GP the situation with work and I will ask him to always give me a note, this is the only way I can protect myself.

          Comment


          • #6
            Re: Health Problems And Work

            To summirize the meeting with Office Manager yesterday. Once again i politely explained to her whar the situation with my health is. I underlined that I am NOT a person that would in any way take advantage of my medical history and pretend to be sick. If I did simulate ilness then I would not offer to sit in bed with my laptop and work all through the day. I am disapointed that despite my constant efforts to be seen as a professional and hard working assiatant I am being accused of fraud and that if they suspect me of bogus leave, I will appreciate if they give me a discplinary letter to which I will repond after consulating my lawyer.

            The moment she heard "lawyer" she made big eyes and started apologising saying it is some kind of misunderstanding, she never meant to make me feel that I am being accused, they trust me completely and if I say it is a coincidence I fell sick when away on holiday, then they accept my statement. However they had to deduct a small amount for 1 days of work.

            In the future I will protect myself and every time get a medical note from my local GP. This way they will not be able to throw those kind of accusations at me. In addition, but only for my personal gain, I am going to see a doctor to see if there are any tests I can do to show what is going on with my immunity and what can be done to improve it. Although I read a lot of articles and spoke to few people who also had cancer and they all say they are frequently suffering from colds and flu, so I am not the only one struggling with this problem.

            Thank you so much for taking time to respond to me. And for sending me the link to ACAS website. I printed out the articles and I will read them at home tonight.

            I am wishing you alovely weekend and once again - BIG THANK YOU!

            Noushki

            Comment


            • #7
              Re: Health Problems And Work

              I'm pleased it had a positive outcome for you. I've only just come across this post for which I apologise, but you got good advice and the right outcome.

              Comment


              • #8
                Re: Health Problems And Work

                I might be worth going to read Dr myhills site DoctorMyhill she seems tobe clued up about immume system sieases .

                Comment


                • #9
                  Re: Health Problems And Work

                  Good one Noush xoxo
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                  Comment


                  • #10
                    Re: Health Problems And Work

                    Originally posted by seduraed View Post
                    I might be worth going to read Dr myhills site DoctorMyhill she seems tobe clued up about immume system sieases .
                    Isn't it a pity that the General Medical Council seems to think otherwise?

                    Comment


                    • #11
                      Re: Health Problems And Work

                      Cleverclogs: "For sensible legal advice, find a solicitor."

                      Why, aint your advice sensible?

                      Comment


                      • #12
                        Re: Health Problems And Work

                        Originally posted by The Debt Star View Post
                        Cleverclogs: "For sensible legal advice, find a solicitor."

                        Why, aint your advice sensible?
                        It isn't legal advice. :fish:

                        Comment


                        • #13
                          Re: Health Problems And Work

                          Hiya,

                          The way I see it, if I pay for expert advice, I have an expectation that it should be correct.
                          If, however, advice or opinion is freely given, I would consider the fact that it might just be opinion, or it might be unintentionally biased. It might even be totally wrong.
                          But it would be my choice to take it or leave it, & my responsibility to check the veracity.
                          (That's my opinion, btw, not advice, lol!)
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Health Problems And Work

                            Hi guys,
                            I appreciate any advice, any input, from a lawyer or not
                            The great thing is to have you all here willing to help. That is AMAZING!

                            Comment

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