Can my employer treat me this way?

[Tyke]

Any advice please? I had a cold all of April, every time I thought it had gone it came back even worse. I stuck it for four weeks and worked throughout. Then on the fifth week I got sinusitis and a chest infection – antibiotics and stuck in bed for a week. You know what it’s like complete exhaustion and every time you try to get up, the bed calls you back. Had to call work I was sick and I had the week off work, my first sick leave since September 2009. Now I’m in so much bother at work, I’ve been referred to Atos Healthcare for an assessment to ‘assess my current capacity for employment’. Have to talk to my boss tomorrow to review my health issues………………….4 days sick in over two and a half years when I have fibro and osteoarthritis. Can this be right, it’s not morally right I know that much.

[LindseyMid]

I would say please get legal advice asap. If you're not in a union (like most of the employed population!) then a law centre can offer free advice. There is a link to those and other organisations that may be of use on this page:

fibroaction.org/Pages/Benef...

And check your contract.

[Tyke in reply to LindseyMid]

Thanks for your help. I think I'll ask for a postponement of the meeting and see what legal advice I can get.

[soulsusie]

I really feel for you Tyke, and hope you get it sorted out.

Hugs x x x x

[Hidden]

Tyke, the CAB (Citizens Advice Bureau) are very good at advising in situations like these. If you can get yourself an appointment to see one of their advisors, they should point you in the right direction and advise you of your rights etc. Best of luck, I hope it all works out well for you. Take care.

[Hidden]

I hope you don't mind me suggesting to: Make sure of your legal rights before you enter the meeting. There are helplines to give advice who specialise in employment issues. Make sure you get everything in writing, what the meeting is going to be about, who will be present, take someone into the meeting with you, who can take notes, (to be compared against possibly the minutes taken by employer), and be a witness. Do not go into the meeting alone. Ask if you can record the meeting, if you feel comfortable with this. This is all really important at this stage, you will be demonstrating to them that you are protecting yourself, your rights, and your job.

[Hidden]

what about acas

[Tendo]

Check the Written Contract of Employment you should have been given within 12 weeks of starting work, and also ask to read your employers Terms & Conditions of Employment. Once you've checked them over, contact ACAS (they'll ask what's in these documents) helpline on 08457 47 47 47 Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

[westgate]

whilst i hear all of the above, please bear in mind that employers have to ensure they are doing everything to make sure employees welfares and working environments are ok. if they didnt do this and you went sick or were injured and you then sued them for not helping you, it would affect them too.

large employers ie police, NHS, have Occupational Health departments for this very reason.

when i was working i used them on many occasions.

hope all goes well xx

[kraftyk8]

Hi Tyke,

I agree with everything that has been said above. I too would ask for the meeting to be postponed, but until the results of the ATOS assessment is back. Tell them you will want to have someone of your choosing to support you at the meeting and ask if they have any objection to you recording it for legal use and if so, why.

If there is a union where you work, talk to them.

You have all kinds of protection under the Employment Rights Act 1996 and the Equality Act 2010.

These two links may be helpful too.

lemon-co.co.uk/article_sick...

nhs.uk/Livewell/Disability/...

As for ATOS, I wouldn't worry too much, they only seem capable of saying people ARE fit for work. They certainly wouldn't want anything from them on record that, that could be used by you in support of a claim for ESA.

chin up, happy hugs, kate

[Tyke in reply to kraftyk8]

Last night when I asked the question I was so upset and worried. Today I asked for the meeting to be postponed until Monday and I have seen my union rep. So things are looking so much better - thanks to all for your help, advice and support.

[kraftyk8 in reply to Tyke]

let us know how you get on