A frustrated rant...

Having been diagnosed with brittle asthma in late 2009, I have been back and forward to the GP and resp consultant frequently, with changes in lifestyle and medications being an almost weekly occurrence since.

However, working full-time nightshift, I have been able to keep my medical life and work life separate and never have to take time off for appointments or treatment. The only time I ever take off work is when my asthma lands me in hospital, and even then, I try not to take any more time off than I really need.

I was taken to hospital in an ambulance nearly two weeks ago and, after being kept in for a few days and recovering at home for a few days (a week in total), I returned to work before I was really ready (mainly as I have responsibilities at work, and partly so that I wasn't putting other people out by having to cover me).

Now, though, my work have decided to take me down the disciplinary route in regards to my attendance. Why am I being punished for having a life-threatening condition? Its not like I chose to develop the condition! I do all I can to limit my exposure to triggers and make sure I take all my meds etc...

Am I over-reacting here? Or is it wrong for them to try and discipline me???

[Thomass_mum]

Would you not be covered by the disability discrimination act, this may now be called the Equality Act. It's been a while since I last looked into it but from memory I thought they had to make reasonable allowances including accepting that someone with a disability is likely to have more time off sick etc. My sister had problems at work and she thinks it was The Equality and Human Rights Commission who were really helpful. There is more about asthma and work on this page and contact details at the bottom asthma.org.uk/about-asthma/...

Wish I could help more but hopefully this can give you some ideas.

Jenny

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Hi Jenny,

Thanks for your help and support over this. It seems to be a rather grey area and something which I will need to wait out and see what my employers intend to actually do. I still believe it to be unfair to be taken to a disciplinary meeting. It was my understanding that disciplinary meetings were to challenge a person's conduct in a view to a change in behaviour - but nothing is going to change in my case - there is nothing I can do differently and the problems are going to continue. My main worry is - what if I have another attack at work? Will I then get a written warning?

Thanks again

Chukk

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HI Chukkin,

I'm not going to pretend expertise or personal experience, but from what I've read on here about those who have had similar issues, I can't believe that what your work is doing is acceptable - what Jenny says sounds familiar re what others have said. If they know why you are taking time off and that it's not something you can control (sounds like you may be pushing things as it is with your asthma by going back), a disciplinary hearing does seem unfair. Do you have a union rep or someone who can go to meetings with you? I believe keeping records of everything is also advised. (This is all very much second and third hand btw but I thought I would pass it on in case the people who have the proper experience don't see this - sorry if it's a bit too vague or Chinese whispers to be of help!)

Someone else will probably know more, but the AUK adviceline may also be able to help since they are good with practical issues related to asthma as well as medical - I'd say worth giving them a call to start with.

I hope you feel better soon and get things sorted out at work.

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Hi Philomela,

Thanks for your advice and help, it's good to know I'm not just over-reacting here. Unfortunately, there are no union reps working nightshift with me so I cannot have one present, but I am permitted to take another member of staff. They cannot participate in any discussion, but only stay to bear witness. One of the women I work with used to be a nurse and I might ask if she would accompany me (for moral support, as well as the fact that if it gets heated and I get emotional, my asthma might start playing up). As for calling the AUK helpline, I think it's too late - the meeting is scheduled for this evening (10pm) and they are only open during office hours.

On the plus side, everything is written and recorded so there will be a record kept and I can perhaps take it further if I think that they are being unacceptable.

Thanks again everyone for all support.

Chukk

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So, my disciplinary meeting was postponed pending further investigation - what I'm thinking that means is that they don't know enough about the condition to be able to proceed? They have told me that it will be concluded within a week. Great.

[Thomass_mum]

Try not to panic or worry about it, i realise that may be hard but stress can affect asthma i know it does with mine It may not be all bad at least they are having a look into things before doing anything. It also gives you a bit more time to sort out things and maybe arrange for someone to come with you for support.

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Hi Jenny,

Thanks for your advice, it's true to say I was stressing a little! And it affects my chest too. Just need to chill down a bit and hope for the best.

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I'm sorry to hear you still have it hanging over you, but like Jenny says, it does give you a bit more time which it seems to me you've not really had - I think if work insists on taking you down this route, they ought to give you time to prepare.

At least now you'll have time to ring the AUK helpline etc and find out a bit more about your rights. That thing about not being able to have a union rep with you because you work nights sounds a little dodgy to me - I can see there are practical issues, but why should working nights mean you are not entitled to representation someone on the dayshift would get? This seems discriminatory to me. Like I said I'm no kind of expert but all this just seems like your work are maybe playing fast and loose with employment law and hoping you won't insist on your rights (I've had landlords who do similar things - completely contravene the law and try to take advantage but back down once they realise you aren't going to let them get away with it and that you do know your rights).

Would it be worth calling Citizens' Advice as well as AUK? I don't know how much help they'd be (I've had varying success in the past with CAB though have never needed them for this kind of issue) but might be worth a try.

Good luck - and please do look after yourself!

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Hi Philomela,

I think that the problem with the rep is that the only union reps we currently have are working dayshift and none of the night staff want to be a rep for the union. This means that either one of the reps will have to work a nightshift, or I will have to have my meeting with the dayshift managers who do not know my situation as well as those on nights. I have the next two nights off and return to work on Sunday evening, so I have some time to think things over a bit which is good.

I'm not sure if they are taking this route because they don't know what else to do (even though every time this has happened before they just decide on ""no further action"") or that they think that I am putting it on to get time off???

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Hi chukkin,

Can I ask if your work have referred you to occupational health? If not they really should be doing this before thinking of going down the disciplinary route.

OH are there to give advice nd guidance to both you and your employer about what 'reasonable adjustments' they should be making under the equality act, they would also advise your employer that your condition is considered a disability (i hate the label but needs must when you are in this position, I've been there too) and the 'allowances they should make, especially around time off and Bradford scores.

Regardless of the above your work can persue disciplinary action but would really have to show that they have exhausted all avenues to assist you in staying in work.

Good luck!!

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Hi Angelica,

No, I haven't been referred to OH. I wasn't sure if being a brittle asthmatic counted as having a disability, but then, I suppose it would seeing as it is a long-term condition which affects day-to-day activities and life.

What is a Bradford score? I've never heard of this term before...

Thanks for all advice and support, it's very reassuring to know there are people out there who care and listen

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Morning!

For the reasons you've given brittle asthma is considered a disability.

The Bradford score is a system a lot if employers use to manage sickness. Basically if your score.goes over a.certain number it usually triggers the disciplinary process, depending what that is within your own hr dept. They may not use the Bradford scoring system but they will have some kind of criteria which your latest sickness has probably put you into.

I would speak to your union rep even though they are unable to attend as they will know what your companies policy is and also have previous experience of similar issues so be able to provide advice on what you should/shouldn't say in your meeting.

One thing I would be mentioning in the meeting wpuld be why they haven't referred you to OH to assist in the situation.

May get them thinking that they can't get away with treating you like this as they aren't really following procedure.

X

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Hi Angelica,

Many thanks for all your superb advice - I will speak to one of the reps, and suggest in the meeting that OH is brought into the equation. Not sure exactly when the meeting will be, was told it would be concluded within one week, so it will be soon.

Thanks again

Chukk