A question about my employee rights if anyone has been in my position.

[Pefki]

4 weeks post urgent valve and aorta replacement surgery tomorrow, 6 weeks doctors certificate submitted prior. Can they give me the sack after 2 years working every day and many weekends with great appraisals for my hard work every time. I had offered to start working this week but boss 'getting back to me' . Tried to get into my office today and key card didn't work, was informed by security my subscription cancelled.

[gilreid1]

my understanding is the law states.

The 2 year employment rule refers to the requirement for an employee to have 2 years' continuous service with their employer before acquiring full employment rights, including the right not to be unfairly dismissed and to claim statutory redundancy pay

But may be worth checking

[Pefki in reply to gilreid1]

Thanks for that info. Definitely passed that 2 year mark and they havn't talked about letting me go but I just have that fear.

[Hidden]

The rights of an employer and an employee when the employee becomes unable to carry out out their duties occasionally pops up on here. Basically the situation is covered by the Equality Act 2010, which I suggest you research. In short an employer must take reasonable steps to accommodate an employee where their heath circumstances change. There is no complete definition of what 'reasonable' is, although examples are provided in information provided on UK government websites. Case law will also provide guidance. But the bottom line is that if the employer has nothing to offer you, as might happen with a small company, they can dismiss you. In your case if your company appears to have terminated your employment, they should clearly notify you in writing with full and legal reasons. I also suggest that you start to keep a diary and notes of what is going on. If you are in a union contact your union rep. It may nonetheless be a simple misunderstanding, but to ensure your situation is clear, I suggest you talk to your HR Dept (or whatever they call it nowadays) in order to clarify where you stand.

[Pefki]

Thought I'd pop by tomorrow in person and speak to HR. Most of my colleagues work remotely except for Tuesdays and Thursdays so there was noone about today. Thank you for your reply.

[Captain_Birdseye]

Contact ACAS - they offer free employment legal advice.

Tell HR you want to speak to occupational health as well.

[Hidden]

Setting aside the legalities of what they can do, are you sure its wise to be considering returning to work 4 weeks post-op. I'm assuming the surgery was Open Heart, so at this stage your body will not be ready for anything other than very light duties, even in an office environment.

I appreciate you're young, that in itself makes a huge difference from my experience. I was 33years old when I had my first AVR, I was biting at the bit to move on, but, it was sti 8 weeks before I returned to work, and I was probably pushing it.

If you speak with HR and discussions go well, don't let yourself get bounced back too soon.

Best Wishes

Heed

[Pefki in reply to Hidden]

Yes I know what you mean but I can't afford to lose my job so I'm willing to compromise, work part time, make myself available, even if that is from home. It was open heart surgery, 3+ hours by pass, hospital contracted pneumonia in intensive care aswell as fluid and inflammation around the heart membrane and I am only just 2 days off pain killers and still going to the hospital twice a week for coagulation checks, just starting to stretch that out towards weekly. I've lost alot of weight which I am trying to put back on and I understand why the doctors say 6-8 weeks minimum time off work. I'm not in a hurry but the circumstances are such.

[Milkfairy Heart Star in reply to Pefki]

If you were signed off work for six weeks then I don't think you can return to work before the certificate ends.

Usually it is possible to have a phased return to work. It maybe possible for you to work from home as part of the phased return.

Ask for to see Occupational Health who can advise your employer about what is the safest way for you to return to work.

You have been through a very challenging time. Your body and mind need time to recover.

Have you discussed when it's best for you to retun to work with your GP or Cardiology team?

[1234_6]

Hi Pefki

Firstly i wish you all the best with recovery from your surgery. Please do look after yourself and ensure you follow the guidance of your Consultant and GP with regards to how much time your body needs to recover.

Your situation re your job seems so very unfair and I'm sorry to have to say that as much as you might be prepared to bend over backwards to keep your job (& maybe damage your health while doing so), I'd suggest that you might now need to take the stance of a boxer in the ring and prepare yourself to fight your corner both to see if you can get anything from your employer if he has indeed sacked you unfairly, and to see that you find out and claim for any grants, benefits and other back to work assistance that you can claim / obtain to assist you keep bills etc paid..

On the Gov.uk website

Search for "Taking Sick Leave"

Covers returning to work, long term sickness, what employers should do and employment tribunerals

Search for "Dismissal :Your Rights"

- overview section ... you must be given notice & notice should be in writing. [It doesn't sound like your Employer has done this. ]

- reasons you can be dismissed section - covers illness ... but says employer must give a reasonable time for recovery . [It does sound like your Employer is doing this.]

Also says Dismissal because of a disability (which your heart condition now would be) might be unfair.

Employers also have to try and make reasonable changes to enable you to work. [It doesn't sound like your Employer has discussed if they could do anything in your case.]

-sections on unfair Dismissal and What to do if you are dismissed, employment tribunerals

Definately speak to ACAS (there's a link in the Dismissal/ employment tribunerals stuff) , they are best placed to take the minute details of your case and to give you assistance, either with resolving stuff with your employer so you can keep working once you are well enough or in supporting you through an employment tribuneral to claim compensation from your employer IF that is possible based on your situation. If that is not possible they will also explain why, and might be able to assist you with relevant information about getting new employment with your long term health condition.

The Gov.uk website will also have info on benefits and assistance etc

I realise this perhaps isn't really the response you wanted, but I hope it may be of some assistance to you. I wish you all the best.

[Desktop54]

I agree with Captain Bird's-eye, give ACAS a ring, they are brilliant. Also ring them before you formally speak with your employer, not only will they tell you what your rights are, they will give you lots of useful advice too. It's also an ace up your sleeve so if your employer tells you something that is incorrect, you can say we'll that's not what ACAS told me, I will have to reconsult with them. Also if you are in a union, take your representative with you to see your employer. If your not in a union but there is one at your place of employment, join now. Good luck.

[cneal09]

Hi, former union rep here, from what you have said what they are doing sounds illegal, notice of why they cannot employ you should of been given with redundancy. Go to citizens advice ASAP or if you are in a union contact them . But this isn't the correct procedure especially as your condition hasn't been caused by anything you have done. Best of luck, but I'd be taking it further

[Blackknight57]

they are supposed to be paying you statutory sick pay you can only return to work

If you have been given a work note by your doctors , ie your gp has considered you are fit to work.

The only other way to fire hou is to make your job redundant, in this case they cant replace you in exactly yhe same role.

Contact ACAS

[Hidden in reply to Blackknight57]

Employers are ultimately allowed to dismiss employees in the event they are unable to fulfill their duties due to ill health if they are unable to provide the employee with a reasonable alternative, and can demonstrate that this is the case as necessary. The Equality Act of 2010 allows this.

[Still_Breathing]

I am not legally qualified but ...

Seems to me you have not been sacked, if you had you would have to be formally notified?

When is your 2 years up? Can you last that long on sick notes, you will probably get upto 3months easily following the surgery.

Your key card may have been suspended because they did not expect you in, have you asked the management why?

[Barle]

Firstly, I wish you well on your recovery - the last thing you need is this additional stress.

Secondly, I'd advise you to think of your health before anything else. To that end, check with your cardiologist/GP whether you are fit to work (even part-time) at this stage of your recovery. You shouldn’t be returning to work if you’ve been signed off. Your GP should sign you off for as long as is needed.

Thirdly, establish (in writing/email) your actual employment status. Have you actually been dismissed?

Finally, once you’ve established the facts, go to the Citizens Advise Bureau to seek advise on what action to take. (Or talk to your union if you are a member.)

[Stopfordian]

Hi Pefki

I've been an HR professional for nearly 40 years and I would be astonished if your employer was attempting to dismiss you after only four weeks absence following major surgery. You are permitted to return to work before your medical certificate expires with the permission of your employer. However, any decent employer would normally seek guidance from an Occupational Health department / service. They would be able to guide the employer on what 'reasonable adjustments' would be appropriate / recommended in your circumstances. You have the right to review the report from an Occupational Health professional before it is issued to your employer, if you wish. Finding replacement workers is difficult at the moment, especially if they are as hard-working as you indicate. I recommend an open dialogue with your line manager and/or your HR department. They should be supportive. By all means, gather information / guidance from other sources such as ACAS (excellent) and/or any union you may belong to. Good luck with this and, as important as your job is to you, please don't risk your health; without that, the impact on your ability to work in the longer term could be much greater. Take care.

[Pefki in reply to Stopfordian]

You were right, false alarm, misunderstanding. Had a meeting with my boss who was very happy to see me and no indication that I am getting shoved out the door.

[Hidden]

When I had my bypass 5 years ago I practically begged my boss's to go back to work.They told me has I had life saving surgery it would not count against me and I would keep getting full pay until I returned.Happy days made the most of it.x

[Partner20]

I definitely second the advice from several people to contact ACAS. Employment law around sickness and unfair dismissal can often be rather complicated, and the clear advice you will get from ACAS will help you fight your corner. I do hope you can get this sorted out soon. Best of luck with that and all good wishes for a speedy recovery.