job in jeopardy

[Chaddy44]

hi I have AF for seven months I have been off work when I go to " wellbeing meetings " I am told my job is in jeopardy , I've been told it is classed as a disability what shuld be my next step . any help would be good . I am a delivery driver

[Hidden]

Have you asked about a Fit Note?

John

[Chaddy44 in reply to Hidden]

I have a fit note which says light duties but they say there's nothing available

[jedimasterlincoln]

Citizen's advice?

Who has told you that you are classed as a disability? You need to also speak to your GP and need to request a Med3 (fit note) when you are unable to work due to the AF. This will back you up with work. If all you are doing is "self certifying" when off, ultimately it works against you.

Your job will be at risk if your employer, their policies and their Human Resources department can say that your level of sickness is "unsustainable" and you are breaching contract/employment guidelines they have about attendance.

I'm going through similar at the minute, though they've stopped short of saying my job is at risk.

[Chaddy44 in reply to jedimasterlincoln]

the companies own OH says it's a disability

[CDreamer in reply to Chaddy44]

Ask them by what definition? Has your license been rescinded? They can’t arbitrarily tell you that you are disabled.

I think you need legal advice and if you aren’t in an union - CAB,

[jedimasterlincoln in reply to CDreamer]

I was told by occupational health I was covered by the Equality act and Disability act, but only for purposes of management and not medically agreed/assessed.

[10gingercats]

I have not had problems with work but other issues at times. Someone alerted me to a free 5 minutes phone call service with most solicitors .....no commitment to giving them work.You ring up and the receptionist/secretary tells you when to ring back for the phone consultation. It IS only 5 mins so you need to have all your facts lined up.Their is also a solicitors group called Purple that operates a similar system. I take it you are in the uk?

[Hidden]

Crank it up a notch. Ask them for a copy of the written resource that says it is a disability. It is not it is a condition. I hold a PCV entitlement to my driving licence and have my AF controlled by drugs and diet. As I am over 70 I have to have a medical each year. No sweat. Still driving. I suggest you go to Citizens Advice with the view to making a formal complaint to Acas requesting arbitration.

[CDreamer in reply to Hidden]

My thoughts exactly.

[Chaddy44]

thanx for the advice i'm going t put a greivance in first then see how it goes

[IanMK]

Presumably you have no Union to turn to. Presumably your Statutory Sick Pay has ended. You may be able to get Employment and Support Allowance. Definitely see Citizens Advice. At the end of the day, your employer could say you are in breach of contract if you cannot drive for them. I’m not sure of the legal requirement regarding their providing alternative work so I would be very careful about going down the grievance route.

[Vonnieruth]

I was told by sister at hospital that AF is not classed as disability and to ask gp for phased back to work Apparently you can ask if you can use holidays along side phased back so topping your income up Not sure but im going to ask Your employer has to work with you on phased return

[Marytew]

It may be that your OH considers that the Equality Act, 2010, could apply. Look it up and see what you think.

[Chaddy44]

yes he does I can work but the company say there is none for me

[Vonnieruth]

They surely cannot give your job to someone else The position is still there and that person is temporarily covering

[opal11uk]

I don't think they can do this, go see the employment solicitors at Citizen's Advice, bloody cheek!

[Flyer2820]

Hi Chaddy44

You need to contact ACAS. I am a director of a company and have contacted ACAS myself for a possible sacking offense. They are mainly on the side of the workers and not the employer. They will give you concrete advice how to go forward. I was advised to try to help the employee before I could sack him. It was the correct advice at the time and having done so could have sacked him without problems. In the end it was not needed. Google. ACAS which is short for Advisory and conciliation service. They will surely help. They may be able to lay you off but in another way to your advantage.

Hope this helps.

Regards Flyer.

[wilsond]

Nothing to add to the excellent advice here but wanted to say I hope you get on okay xx

[Chaddy44]

ok thanx

[Flyer2820]

Hi again Chaddy44

It's Flyer here again. Just to ask you to let us all know how you get on with your work related problem. Also what advice ACAS gives you.

Wishing you all the best for a good result.

Regards Flyer.

[Chaddy44]

acas says write a letter about my predicament and ask for written reply see how it goes from there