Threatened with the sack for sickness absence

[darkchild101]

I work for a government department which for now shall remain nameless. I was hired on a 1 year fixed term contract and 4 months in i took ill and my manager recommended i be sacked and thankfully the decision wasnt in his hands and rested with a more senior manager. I had sick notes as well as an actual letter from doctor confirming i genuinely was ill. The absence was for 2 weeks. The reason he wanted me sacked was because for part of those days i didnt call in daily to say i wasnt coming in as is policy (was too ill to do that) and manager felt 2 weeks sickness absence was too much for a newbie

Had meeting with the senior manager who decided i shouldnt be sacked and said my attendance should be monitred. Kept my nose clean and never missed a day till beginning of February. My health problems continued all the while and my doctor referred me to a hospital for tests and the hospital wanted me admitted to run a battery of tests. I told my manager (new one of this) and she gave permission that i go in and i ended up admitted for 8 days which is confirmed by discharge lettter. Hospital gave me sick note to cover that period plus an extra 3 days to recover from an op i had while in there. Went in today and manager asked if i was fit for work as she could clearly see i was still in discomfort and i advised her i wasnt and she recommended i go home

Went to my gp and he gave me different medication to try ease post op pain plus 5 day sick note. When i called my manager to advise her her tune had changed. Since our contracts were nearly ending we had option to apply for other positions which i did and was succesful. Now they say because the new contracts kick in next week i might not be kept on due to absence as i was still under 1 year probation

Surely that cant be right, i kept them informed of everything before i even went into hospital and called daily as required. Feel am being punished for being genuinely ill

Are they allowed to dismiss me. Btw the one year contract i started on specifically states in event of long term sickness an employee can be off for 6 months on full pay yet i am facing the sack instead. Didnt expect this from a government department

Please help. Thanks

[Inca]

Re: Threatened with the sack for sickness absence

Hi + to LB.......one of the clever bods will pop by and help you,,it's a tad early yet so hold on,,help will arrive

[Tools]

Re: Threatened with the sack for sickness absence

May I ask what the nature of your illness was/is. It may be relevant if it is applicable to the Disability Discrimination Act.

As you can explain your absence is genuine with medical notes etc, you are are better placed to appeal any decision. However, if as you say you failed to comply with policy by informing them each day of your absence (usually by a certain time) this does go against you slightly, but I assume you explained the reasons the following day.

As for your new contract, have you signed a separate contract or just a variation of terms to your existing one? Again, this does make a difference.

[leclerc]

Re: Threatened with the sack for sickness absence

Tools, the DDA has been replaced by the Equality Act 2010.......unless they are from Northern Ireland

[darkchild101]

Re: Threatened with the sack for sickness absence

May I ask what the nature of your illness was/is. It may be relevant if it is applicable to the Disability Discrimination Act.

As you can explain your absence is genuine with medical notes etc, you are are better placed to appeal any decision. However, if as you say you failed to comply with policy by informing them each day of your absence (usually by a certain time) this does go against you slightly, but I assume you explained the reasons the following day.

As for your new contract, have you signed a separate contract or just a variation of terms to your existing one? Again, this does make a difference.

Thanks for the replies guys. The time i failed to phone i daily was the first bout of illness which was dealt with and was 6 months ago. this time i advised manager that hospital wanted me admitted for tests and doctor called her to confirm this.Why didnt the manager advise me at the time there would be repercussions after i came back?

My illness is still being investigated and currently they think its arthritis and are now going to explore the possibility i have got an auto immune disorder as i have muscular pains all over my body and joints which make it hell turning, geting up from sitting position and worst of all getting up from bed in morning that my wife has to pull me up. Even walking is the same. Mu scalp and parts my body covered in lesions which are very visible on scalp

The new contract was supposed to make me permanent with much the same terms. When my son was bon in October i never took the 2 weeks leave i was entitled to as a gesture of goodwill since i had had that period of illness for 8 days.

How can people be punished for being genuinely ill

[teaboy2]

Re: Threatened with the sack for sickness absence

when you failed to sign in daily, was this for a period where you were covered by a sick note that declared you unfit to work? If so then there is no requirement to call in daily, as they would have already been fully aware as a result of your sick note that you won't be at work!

From the what you have described about your illness, i'd say it falls withing the Equality act 2010.

[darkchild101]

Re: Threatened with the sack for sickness absence

when you failed to sign in daily, was this for a period where you were covered by a sick note that declared you unfit to work? If so then there is no requirement to call in daily, as they would have already been fully aware as a result of your sick note that you won't be at work!

From the what you have described about your illness, i'd say it falls withing the Equality act 2010.

Thanks yes I did have a sick note from the doctor and I even tried to come back once I felt better but manager told me to stay home until my sick note ran out. I was reading probation guidance on our intranet today and it states manager should not necessarily take formal action if last discussion was more than a few month's ago and mh one discussion was 6 months ago and I have not been off work nor been late for work in those 6 months. My main gripe is why did she ok my going into hospital if she knew this would happen. Surely she was obliged to warn me of the implications regarding moving onto permanent position

[bluebottle]

Re: Threatened with the sack for sickness absence

A few observations I have -

1. Once an employer receives a Med 3 (Sick/Fit Note) specifying that a doctor has determined the employee is Not Fit for Work for a specified period of time, the employer would IMHO be deemed to have been advised of the absence. Therefore, expecting a sick employee to ring in daily, having received a Med 3, could be seen as unreasonable;
2. The illness you describe sounds very much like an auto-immune condition called Dermatomyositis. I came across it when I was a branch secretary with what is now the Muscular Dystrophy Campaign. I am attaching a leaflet from the British Association of Dermatologists (BAD) which may be of some assistance to you. However, do please wait for the diagnosis to be confirmed. If it does prove to be Dermatomyositis, there is help out there at www.arthritisresearchuk.org. Also look at http://en.wikipedia.org/wiki/Dermatomyositis ;
3. Speak to ACAS.

Hope this helps.