I am recovering from pneumonia and work are taking action as I have exceed my sick days to dismiss me. When well I have no limited capabilit

I have been told and researched that I cannot be dismissed with a chronic health condition as it is unlawful can anyone confirm this

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That is correct unless you have not responded to any letters .. Then would probaly have grounds too

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I was in hospital for 10days and released on 6th November and returned to work yesterday for meeting I have taken calls from management whilst in hosp and every week at home I have signed for all letters etc. had an ATOS referral which has established when I am well my daily life and work life I have no limited capability to undertake my job.

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I too had pneumonia last year, I was off for about 4 months and they asked for a medical report from my doctors. I was sent to see an occupational therapist. Your employee has to show that they have done everything they can to help you back to work like reducing hours, going back to work on phased return and making whatever reasonable adjustment they can to your job to make it easier. Are you in a union who can represent you, or perhaps contact ACAS who will give you free advise over the phone.

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Yes union has supported me all the way through but the company has a rigid sickness policy and keep telling me it is a process and it will go to a decision maker for them to look at I returned to work today and am on a phased return totally supported, but it is about can the business support the level of potential absence

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Potential absence do thay no somthing you dont .. Are you fit for job and as atos said you are ok ... if so cant dismis you as that would be discrimanation .. ad expect to get pissed about to be honest if ... Its good you have union involed But keep you eye on them .. If you leave of your own accord you will get no help or benefits

Cheers all the best :)

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Daz, thankyou very much, Yes I am fit for the job as regards to potential absences because it is a chronic health condition so no one can predict when I will be off again. Thanks appreiciate you support and comments

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i'd also suggest seeing a specialist employment lawyer - not only will you get advice about your rights but your employer will be much more careful in how they deal with you if they know you have a solicitor. i went through all this because of my PTSD (its my partner who has the lungs!) and it is a tough old business, esp when you don't feel well.

good luck,

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If you belong to a union I would speak to them. A lot of unions use Thompsons for employment law. You can also contact your Local citizens advice bureau or use find a solicitor on the Law Society website to find a local employment solicitor. It is impossible to advise fully without seeing all the letters etc between you and your employer. You will also need to show them the sickness policy and any medical reports. It will also help if you have a diary of everything that has happened or at least can prepare a chronology - date what happened.

Good luck.

Judith (solicitor who tries to keep away from the employment minefield!)

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Thank you for your comments and support

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Hi, If you are not part of a union use the ACAS website - they have some very useful information. TAD xx

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Thank your for you comments I am in the union and they are involved. also for your support

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I was in ICU for 32 days and off work for 5.5 months and I was met with a threat of a written warning. However I stated on my application that I had a heart and lung condition so that was my Saving Grace as they would of broken the Disability Discrimination Act. (They dropped the warning) It is a time to look though your contract and see what is said there? If the contract has changed in the time that you have not been at work then you need to be informed of any changes I think? Sometimes Contracts are written in such a way they can have different interpretations but biased to the employer and to honest some of the rules they set out are illegal.

Call ACAS they are very good and if you start to get them involved your employer might rethink their actions.

I have been involved in a number of complex contracts in my working life and argued though many. I had one major big four bank state that their contract was posted on the www and that was what they abided to. However the new printed contract was not in my favour and they refused to pay £2000.00 owing to me. I got a senior bank official to confirm that was their on line URL and contract and printed it off. I got paid as they had not updated it :) try not to get them to bog you down in their idea of rules.

Good luck do not let them grind you down.

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thank you for your comments yes it does get you down and certainly doesn't aid recovery

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good advice from Judith. Be sure to keep copies of all your correspondence and threads, diary of events, illnesss, absences, doc apts, phone calls is vital.

Be brave to take this on there are laws toprotect you and remember, as Daz says, no benefits for you if you leave of your own free will - as I know to my cost.

There is an organisation called WDA (Workplace Disability Adjustments) who would offer advice. Good luck

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Thank you for your comments and support, I have copies of everything and noted all phone calls received. I certainly don't intent to leave I love my job and have done for the past 14yrs

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what job u do?

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office work

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Hi behair, I would stick with union help. Not sure what the rules are these days they are constantly changing. But can sympathise with your dilemma as I have been there many times in my working life before I retired. Good luck with trying to keep the job you love.

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Thank you for your comments and support, yes the union is with me every step of the way.

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Things must of changed I thought they could not sack you if you GP gave you a note saying you were unfit for work.

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Thank you for your response, yes they can I believe and whilst your still on the sick. I have provided "fit notes since 1st day of sickness (admitted to hosp) which stated unfit for work.

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Hope it goes well for you Behair, and welcome to the site.....

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Thank you for good wishes and welcomx

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been there by law companys can pay u 12mnths sick pay before taking action if supported

by sick note

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Thank you

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I think eventually they can finish u on ill health if they go through the correct procedure s (did it to someone I worked with ) although it takes a while not done overnight but whatever u do don't be browbeaten into leaving on ur own accord it can seriously affect any benefits u may need to apply for if u get finished on ill health u can usually apply for long term sick good luck

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Thank you for your comments and support.

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I was paid off in my last job as a lorry driver.

After an accident at work ( which was not my fault ) the management pulled me in for several talks.

In the meantime they gave my position to someone else, all well and good but at the last meeting they involved a doctor to examine me. the doctor took one look at the medication dyhidrecodene full permissible dose, pulled in the management and ripped them off saying "if you or I took one of these a day we would be spaced out for a week" I was taking three a day.

Sorry rambling, Anyway the upshot....My union was less than useless, I was paid off not under ill health which they refused to even consider.

I was unemployed for four years partially paralysed.

I subsequently sued them and won.

The only way I could get a job was to start my own business with my son.

Then 5 years later I found out that I was unfairly dismissed, and if the company wanted to pay me off, it could only be through ill health retirement, they also can not pay you off while you are on sick leave.

So whatever route you go down 1/ don't you, give your job up it will caules problems with benefits, 2/ get proper informed representation and don't be afraid to stand your ground and 3/ don't put all your faith in your union.

Tom.

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Thank you Tom for your response, I will not be leaving my job and I will definitely make sure I have appropriate representation and I will definitely stand up to them. Hope you are keeping well and that your business is doing well take care.

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