Sickness Disciplinery in work - advice needed

Hi all! Tomorrow morning i have a 'sickness absense disciplinery' following having 2 sicks in 12 weeks and 4 in 52 rolling weeks. These are due to 1x asthma before full diagnosis, 1x asthma attack and going to a&e for it, 1x terrible leg cramps caused my inhalers (so my doc thinks) and 1x likely looking slipped disc done whilst working! So thats 3 to do with my asthma and yet i could get a verbal warning / stage 2 written warning for it...Apparently asthma isnt exempt from this action by the company (only diabetes, epilepsy, pregnancy etc..). I thought it comes under the DDA and that they cant do it as it basically means if i have 2 asthma attacks in the next 12 weeks i'll be on a final warning and could loose my job for it! Any advice?

5 Replies

  • iF I were you try not to worry as usualy have to see OH .

    Occupational health contact work and reasonable adjustments have to be done to

    make sure they are helping in any way they can.

    If you are in a union get them involved from day one.

    Asthma should be coverd by the DDA ,

    love glynis xxxx

    edit-sent you DDA INFO by message

  • I'm covered by DDA, but it can be a bit of an unclear area with asthma as everyone's different. I'd speak to your GP and asthma nurse and find out what step of the asthma management plan you're on and what they say, if they feel you are covered as them to put it in writing. May also be worth giving ACAS a call and there will be a disability employment officer at your local jobcentre who can help you.

    Is there anything that can be done at work to assist? If there is bring it up in the meeting and get the discussion confirmed in writing, take someone with you to all these meetings.

    Hope it goes OK

  • Sam do you have a union rep going with u. If not i would seriously consider cancelling it. Dda should cover asthma but grey areas do exist ie ru just new in the job and did you declare it on health screening. Your union rep should advise you further on this. Secondly employers attitude can suddenly become more accommodating when union involved.

  • Good luck with everything and I hope it all goes well. I would see if you could have a union rep with you or at least a witness, which can be another staff member who would be there to support you and take notes so that you know what was said was recorded accurately.

    Asthma can be covered by a DDA but it must come under certain criteria.

    I would also contact access to work. They are a DWP department specifically there to allow you to stay in work, offering specialist information and an OH report as well which can be beneficial. They can also pay for taxis should you need them to get to work

    Good luck with everything

  • Hi Sam_R,

    Hope it went ok today?!?!? I've been through it all twice now and it can be such a worry can't it.... Even reminding yourself your health should come first and foremost is never reassuring enough when you're going through it :(

    I agree with Glynis, your department have to prove they have made reasonable adjustments to enable you to stay in work, and although it seems so formal occupational health can be fab in supporting you. If you have a union definately run it past them... I've worked with a few people who have successfully claimed unfair dismissal in similar circumstances but every dept tends to be different. I found my union not to be much good and planned on getting an employment law solicitor to look through my case but it all got sorted in the end

    Seems a bit strict as it doesnt seem that you've had that much time off really, asthma can be so unpredictable when they tell you to improve your attendance what are you supposed to do eh... its not like you can decide not to have an asthma attack!!!! My employers have put a number of changes in place for me and this seems to be working well but whatever changes they make there are going to be times when you just cant breathe enough to get out of bed isnt there!

    Hopefully it went ok for you today, know you're not on your own, theres been a number of posts on here previously about people in the same boat and so if you search you might find some useful advice on other threads! Take care xx

You may also like...