Absence from work due to liver disease - British Liver Trust

British Liver Trust

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Absence from work due to liver disease

acjb007 profile image
5 Replies

My work are arranging for me to see occupational health and it's taking months. To be honest they've probably forgotten. Due to my absence levels they have refused to give me a pay rise. This means I'm doing the same work as everyone else on 50p less an hour due to circumstances out of my control. Is this discrimination? There's a lady there who has a bad arm and earns £1 more an hour and is given easy jobs while I'm doing more physical stuff like unloading lorries and helping with delivers. I. So frustrated I feel like I should be paid the same and be given back pay.

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acjb007 profile image
acjb007
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5 Replies
Kristian profile image
Kristian

I'm sure there are others on here better placed to respond than I. However, from my experience long term chronic diseases can be covered by the disability discrimination act. Not sure what your condition is, but, should that apply to you, you shouldn't be treated any differently than any one else because of your disease if your employer has been informed. Which, from your post appears to be the case. Indeed, they have a duty to ensure that if there are measures that can be put in place to enable you to work then those should be identified and implemented before they can take any disciplinary action. Thats basically why the occupational health referral is so important.

Every company has its own policies for dealing with long term or frequent sick absence. So you'd need to check what those are for your company. Poor performance due to sick absence is, I understand, still grounds that an employer can use to terminate someones employment. But, they can only do that if they have followed all their own procedures and sought to find a way by which you can continue in your job, even if it means you need to be given different duties. They would also need to demonstrate that, in doing so, they have not contravened the requirements of the DDA, should they apply in your case.

Not sure if you are a member of a union, or have access to one, but they will be a great help for you. Alternatively, your local citizens advice beuraux will be a good place to go for advice.

cazer profile image
cazer

contact citizens advice... they might be able to give you advice. also check your contract.

also contact government department that deals with contracts... it may be dependent on why they have got the extra 50p.

yourdoc can write to say that you need lighter duties but they may say they can't find anything.

have they had all the info on your condition from a consultant....

sometimes we get labled as lazy... purely because of ignorance.... make sure they are fully aware of the disability you have... then they might be a little more understanding... you can see a missing arm but not a poorly liver!!!

keep strong and fight if you can for your rights. good luck cazer.

cazer profile image
cazer

sorry... misread ladys bad arm.... chase up occupational health and be pro active.... get your specialist to write to them... so there can be no mistake as to the reason for your absence. cazer

Suzyq0391 profile image
Suzyq0391

Some great ideas to try out. Another is to contact Acas. I believe they can answer any questions regarding work. They're a company that helps both employers and employees. Other than that, look and read up on gov.co.uk. I'm sure if you're on sick (and depending on type of ailment) your employer is meant to ease you slowly back into work by offering a suitable task for you to manage. This is what stage I'm at now with my employer. I hope you get your answers. Good luck.. Sue

liverdiseaseOK profile image
liverdiseaseOK

Are you in a trade union? If not you should be.

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