Help please my employer doesn't understand!

[cassie68]

Hi everyone, I've had a really bad day. I have been off work since August after having an operation. During the operation something went wrong with the anaesthetic and ever since I have had heart problems......racing constantly, shooting to 155 on slight exhertion, palpitations, ectopic beat, breathless, dizzy ness and been admitted 4 times to hospital. Have just this week been put on Bisoporol which has brought rate down but with it mt BP......which drops when I lay down anyway.

Got called to Formal Meeting today in which I was served with a written warning......for having too much time off!!! They know exactly what I've been going through, I've been honest and open with them, went to occupational health medical for them, in which the report states I am at present unfit for work etc. they have lumped me into the policy of ''Attendance'. It's a new employer since I've been off so she doesn't even know me. I have a Blue Badge...does that make me registered disabled?

Please please help as to how I can handle this. I am so upset. I love my job and given the chance I would be back tomorrow but I have no control of this illness and it looks like I will soon loose my job because of it. :((

[Mickey16]

Cassie, Not knowing the facts of the case, but if a hospital failed to anesthetize you appropriately and they have admitted, then there is a liability and a responsibility of the NHS Trust to you. There is protection under employment law, but companies do have a right where a long term illness is present to dismiss on grounds of absence. But there are very clear rules and precedents about this. Based on what you have indicated and not wishing to complicate your life, but if you do not get a legal adviser involved to deal with the medical error side and protect you to ensure the employment rules are implemented correctly, the situation will not improve and your situation will be likely to deteriorate adversely. They also should be able to tie the consequences of the medical procedure to the loss of employment if it is incurred, and as a minimum that should provide a level of funding for your ongoing welfare. I do not recommend jumping in with legal actions first but it sounds as if you need to do this with some urgency. I hope this gives you some pointers and I wish you the best for your recovery.

[lancashirerose]

What an awful employer you have! I'm sorry I don't have experience of this type of thing, but I don't see how they can sack you for being ill. Have you contacted Citizens Advice? Or is there a sort of counselling thing where you work? If they bully you into leaving, that would be constructive dismissal. Sorry I can't be more help, but I'd certainly try the CAB people before anything else. Hope you get sorted, it's bad enough with the physical things you're suffering without all the extra grief. xx

[cassie68]

Thankyou both for your replies. I spent most of yesterday on the phone trying to sort this mess ou. As you say it's not something we should have to do especially when feeling poorly. Will try CAB and consider legal help. Are there any legal companies for this type of negligence? Thanks

[markhargreaves]

You could also consider joining a Union. Just an idea, good luck

[cindyholmes]

I was in a similar situation, mine has ended well, I was called in for a meeting about my time off work, the company I was with were good really but very stressful, whilst i didn't want to leave or to be let go (not sacked) my medical situ and advice from medical folk was to find another job when i was classed as fit enough. I was let go on medical grounds as i was not fit enough to be able to continue my job. I joined a union, half way through my time off and alass they couldn't help and they had wished i had joined just a few months eariler. I wasn't classed as sacked. as others had said seek legal advice re NHS. good luck and don't let it stress you. gentle hugs {{{}}}

[maude]

Hi Cassie you can get employment advice from ACAS (Advisory, Conciliation and Arbitration) they deal with employment issues and have a helpline. Good luck x