Work and dismissal

[Sian10]

Hi Any one been in my position I have been off work nearly 6 months now and have a meeting at work to see when I will be returning as I’m still waiting to see Rheumatologist I have no idea and could be dismissed any help would be appreciated thanks x

[Hazel_Angelstar Administrator FMA UK Staff]

Hi Sian, you may find our employment booklet useful at fmauk.org/publications

Your local cab, or union if you have one bay also be able to advise

[E8L8dh]

Hi Sian, if you don't know when you will be fit enough to return to work tell your employer that. Just don't quit your job, wait until your employer pays you off, that way you will get access to unemployment benefits. If you leave your job voluntarily you will be sanctioned by DWP. Please contact Cab or Money Advice Centre for advice.

[Dinkie]

If you haven’t already been seen by an occupational health person this would be the next step. Your company should employ someone to do this if they haven’t got anyone “in house”. You are entitled to see the report before it is sent to your employer and to request amendments.I had one although I resisted it at the time it was the best thing for me. My company made all the suggested “reasonable adjustments” such as car parking space right next to door, new chair with correct lighting, ramp instead of steps, grab handles in the toilets, more breaks, modified uniform etc etc. It’s enabled me to stay in work.

My husband’s company failed to go through the occupational health route and when they dismissed him for ill health we got a substantial award as both our solicitor and theirs agreed they had failed under the 2010 Disability Act.

You could always suggest if they want to know what is wrong they pay for a private consult!

[Hidden]

You cannot be dismissed for being poorly as it breaks the law (Equality Act).

If you are in a Union, a rep can go with you to any meeting.. if you are not, a friend can go. They act as both a witness and as support.

You should be clear and say that you are still awaiting for an appointment, but that some Rheumatology Out Patients have been closed and are only dealing with ‘emergencies’ because of Covid (mine has in Manchester). Speak to your GP so that they have up to date knowledge of your situation and are on board.

Be honest with them, that’s all you can do.

They may be genuinely concerned about your wellbeing.

Also remember you have not done anything wrong...

You will be very stressed and upset. Just try and be gentle with yourself and remember to breathe.

I personally would also read your contract of employment and any HR policies/ resources if you are in a larger organisation.. being armed with information is your ‘new normal’..

[Sian10 in reply to Hidden]

Thanks for reply I have spoken to acas and they were helpful x

[MusicalKitty in reply to Sian10]

How did it go? I have a ill health dismissal meeting coming up aswell, not really sure what to do x

[Sian10 in reply to MusicalKitty]

Hi was medically dismissed as I had put everything in place to help me but there was nothing more I could to help myself and they could not do anything else due to my job as a community carer just be careful of what you say as they write everything down , they asked me a general question and put it in my report good luck xx

[MusicalKitty in reply to Sian10]

thanku, I think my work is going in the same direction x

[Hidden]

Good Luck with it all x

[Oscarpops]

My work are doing the same. I have been off for 5 months after being sent by work to hospital with what turned out to be costochondritis , its effected my fybro too and all the stress makes it all worse. I was told last week they will have a capability meeting if i dont give a definite date of return on next sick note . I have had an occupational health report after speaking to them on a video call for 7 minutes and he put lots of lies in his report so i refused to sign it, he even diagnosed me different to the hospital consultants who saw mri scans etc, said i looked physically and mentally fit...i was in bed in my pyjamas at 1pm when the call was taken i hadnt washed my hair or showered in a week as i had no one to help me which i told him. He said i neered a phased return of 6 weeks with certain reasonable adjustments when talking to me he put in the report i need no reasonable adjustments for any of my disabilities including my back where i have four crumbled discs at the bottom 2 bulging further up a curved spine and a bulging disc on my neck( luckily I've had a special chair and 5 minute break for the last 6 years), i asked for things to be changed he refused. It read very similar to a pip report, which i appealed and won last year. I think my employers have still seen it as they referred to something in it that i hadn't told them.I'm not sure how medical retirement works( i have an nhs pension when i retire). If they do capability dies it apply? What happens with benefits too what you likely to get( I've done a benefit calculator before and it said just 87.65...how can i live 8ff that and pay a mortgage etc on my own?);

I should have returned on phased return last night even though i had to.persuade the doctor to let me but i tested positive for covid yesterday, unbelievable i know after all this time off then this happens

Im just at a loss as how i can survive all this i know of I'm off again they will do capability if not when i go back...its what they are like.

Hope you get yours sorted successfully .