Work situation just got worse... - Asthma Community ...

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Work situation just got worse...

11 Replies

I know I've posted about this before but things are just getting ridiculous at work now. I had been at work for a solid 2 months without any time off and then ended up in costa resulting in 13 days off work (all of which were spent in costa apart from the last one - I'd got out at 9pm the night before!). I had my 'return to work' interview today with the HR manager and he barely gave me a chance to speak - I had to practically shout over him to get a word in. I'd requested to go part time for a short period while I recover as I'm still struggling a lot and nebbing every 3 hours in the office. His remark was 'As far as we're concerned you're already working part time, we just never know when you're going to be here and when you're not'. They're not willing to consider it unless my consultant directly suggests to them that it would be helpful for me. They're trying to push me out of the door now and making it clear that they do not want me in the company. The company doctor had sent them a very useless report on me back in September stating that he couldn't see any possibility of improvement which totally contradicts what my consultant is saying now. (Back in september my meds hadn't been reviewed at all, I wasn't even being seen by a chest consultant and the company doctor was absolutely pathetic when I saw him). I've managed to convince work not to make any decisions until they've received and read a letter from my consultant so I've got a little time but they are strongly threatening a 'Frustration of contract' and basically chucking me out of my job. I mentionned DDA 1995 to them and the need to make reasonable adjustments (which surely working part-time counts as?) and all he said was 'well if it went to tribunal it would fall on our side as anyone would see that the amount of time you've had off since starting to work for us is unacceptable'. Talk about sympathy - NOT ! I'm actually really angry with them and am going to be looking for another job but am worried about what I'd get as a reference from them and whether that would hinder me. The most annoying thing is that I did have a lot of time off in the 1st year I worked for them for a completely unrelated issue which they encouraged me to get help for and to take all the time I needed to get myself better again - and they weren't paying me during that time either because I hadn't been there long enough to be entitled to sick pay - and now, having encouraged me then, they're holding it against me. Sorry this is so long, i just really needed to let it out and rant and rave. Thankfully I've got tomorrow off work, I'm not up to working a full week yet so booked a day's holiday thinking it might take a little time to set up a part-time schedule so I've got a day to chill and job hunt online tomorrow (and chase my consultants secretary to get a letter sent out to work - he's already written it just seems to have got stuck at the typing or posting stage...) Stress does not help asthma - when are they going to realise that and that things can be done much more pleasantly than the way they're dealing with it. I felt like I was just being told off and punished for being ill.Rant over for now... thank you for reading !

11 Replies

hey, wish i could help, but you have all my sympathy... feel free to rant and rave as much as you like. i think the bit about the tribunal sounds like bluster... i'm fairly sure you'd have a good case - i think they're just trying to scare you out.

stay strong, and try not to be to stressed and disheartened,

take care,

justy xxxxx

Sorry to here about your work situation afraid all I can do is offer sympathy for the predicament you find yourself in. No one should have to suffer extra stress when they are already dealing with a life threatening illness. I am thankfull that I work for myself at home otherwise I dread to think how I would fair in the big wide world of work with all the added pressure. Just keep strong and perhaps seek advice from somewhere like the CAB about your work situation. Best wishes and here's hoping for a positive outcome.

Cyber Hugs

Tabs

Hi Frenchfi - i really would suggest that you contact the CAB or a local solicitor to get some legal advice. Try and chill out tomorrow and good luck with the job hunting

Please get some proper advice, I have said before I have been through similar with my hubby over a thyrpoid problem.(twice infact tow differnet employers) He actually got sacked from one. We fought with the help of the disabitilies rights comission and won.

Also at present they are making it uncomfortable for you to work so you could in theory look at bullying or constructive dismissal this is where they make it so bad you have to leave.

Yes they should offer you adjustments but without proper legal advice they will push and push you.

It sounds a reasonable size company and most of the time they think they know what they are doing but a lot know the law but are useless at exectuing it and make errors in that way which is where the employe wins.

Please please get some advice from the DRC as they will fight it for you if need be.

Just log everything and bare in mind if you are looking for another job what sort of a reference will this place give you. Fight then get out with a glowing reference.

Good luck

Thanks everyone,

I have been in touch with the DRC and will probably call them back today as they said to get back in touch after the meeting. I am going to keep on fighting them but they are making it very difficult. I think what I'm wanting to do now is try to hold on to this job for as long as it takes to find another. In terms of the work I do then they should give me a good reference as I've had a lot of positive feedback, just not sure what else they'd say. It is getting me down though, I couldn't sleep last night as my mind was just running round in circles continually.

aw Fi that sounds really rough. Hope things get better, but of course try not to stress about it!! hugs, xxxxxxxx Brynne

I am really sorry that your company are acting so badly towards you, you really don't either deserve or need extra stress when you have just come out of hospital.

Situations like this really do make the Government's idea of pushing many of us off incapacity benefit and into work absolutely laughable. Here we have someone who can work, was a valued member of staff, is fighting to stay at work but is, effectively, being pushed out by her employer despite the fact that she is willing to compromise and work part time. Even your consultant seems to think that your health will improve.

FrenchFi, do keep fighting as much as you are able and take as much advice as you can. I assume that you do not belong to any form of union? If you still have any of the paperwork (memos etc) that relate to the first year when your company pushed you into taking time off for the problem you had then, they might be useful to you. A friend of mine was actually booted of full time employment by a disability charity after she developed epilepsy and they decided she was not worth the hassle (my words but the sentiment was the same). She took them to a tribunal and did get a payout - nothing major but it did make a point.

Being hospitalised for asthma surely is no different to someone being in an accident, or needing an operation. These days you are not admitted to hospital unless you need to be. Are we really getting to a stage in this country where someone can be sacked for being ill?

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Moose1

Sorry that your having so much trouble with your employers, i wish i could offer some advice but all i can tell you is that an employer is not allowed to give a bad reference, if they cannot give a good reference then they simply don't write one, or at least write very little, which i guess speaks for its self, but they wouldn't be able to tell any possible new empolyer anything bad about you.

Hope things improve, both at work and with you asthma

take care

Christine

Update...

Well, after receiving a letter off my consultant and forwarding it to the company doctor they've decided that although my long term prognosis is good, they can't see it in the short term so I have been dismissed, effective as of the end of next week. I've got the right to appeal it and am going to get in touch with the DRC again, and once I've left work probably the CAB as well. In the meantime, I'm already job hunting and got a couple of applications in but for tonight, I'm forgetting it all and taking my fiance out for a birthday dinner !

Thanks for all your support.

Ensure you are registered as disabled with your next employer

Hi Fi

I think that in the end you may well be better off without that employer, however you have been treated really badly. After a long period of sickness, and a phased return to work it became evident that I would not be able to return to the full-time work I had been employed for, so with the help of HR, and Occupational Health my hours were reduced and my job description re-worded so that I could stay in post. This was all possible becuase my Occy health Dr had got me registerd with HR as disabled and they then were able to make reasonable adjustments under the DDA. I have been told that if I decide in the future to go for another job anywhere, I should always insist on being considered as a disabled employee. I know it gives me yet another label, but it has been really useful.

Good luck with the job hunting and be realistic as to what you can manage in terms of hours and job environment. Admitting that I have to work part-time was hard, but it means I am not talking to the dogs all day!!!

Take care

Jen

Hi Frenchfi, (this is the second time I've tried to post!)

I'm really sorry to hear about the outcome of your current job.

However there is a certain well known UK company ( their name is often linked with a prestigious and long standing, well known car logo) that is trying to recruit 2,000 engineers nationwide.

This company hasn't had enough success nationwide,- not enough 'home' people with professional engineering qualifications) so has turned to the International market.The company is prepared to employ part time engineers etc.

I'm sure you know the name of the company I am referring to. But definitely worth a try re future job applications.

Good luck.

Mia

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