Anyone else been sent to OH after being off sick if so what was the outcome?

Gone back to work after being off with a chest infection plus chickenpox. Tried telling the boss about what i suffer from even given him leaflets but he does not seem to understand,his reply was can you not get med's to cure it. I have read different bits of info but is there a chance they can get rid of me on medical grounds? I only work part time well that's what it can start out as but my hrs can expand due to what needs to be done. Any input would be of help and support .My condition was diagnosed back in 2008 after taking a kick from a pupil which in turn caused a blood clot. No i did not claim felt to ill for that. Thanks for reading this.

5 Replies

  • Hi,,

    I have been sent to OH about 5 times as I'm a primary teacher. I had planned to return but after complication from a hysterectomy and APS and some mobility issues. I have finally after a long process and many meeting being be dismissed under I'll health capability. I cannot return to that place of work due to risk assessment and also not well enough. I also handed a leaflet to my head. It was all taken on board. I can't really fault the school as they have been fair. I'm happy to give advice of what happened in the OH meeting. My OH consultant was fair and clear.

    I hope you feel better soon. If you want any advice let me know.


  • Are either of you members of a trades union? If you are, please please get them involved. That's what they are there for, supporting their members at times like these.

    I was in the same position 10 years ago and my union helped me to arrange early retirement

  • As you have disclosed to your company they have a duty of care towards you. Your problem is is that your last sickness was for a chest infection and chickenpox. The way things work is that if you are wanting to have your condition treated as a disability under the Equality Act, you must first prove you have a disability.

    Under the EqA a person will be considered to have a disability if they:

    Have an impairment that is either physical or mental; and

    The impairment has substantial adverse and long-term effects on their ability to carry out normal day-to-day activities.

    Impairment: It is not possible to give a complete list of impairments recognised under the EqA. The first step is to show that someone has an impairment. This is normally quite straightforward. The second step is to show what effect the impairment has on their ability to carry out normal day-to-day activities.

    Substantial adverse effect: A substantial adverse effect is something that is more than minor or trivial. When deciding whether an impairment has a substantial adverse effect on someone’s ability to carry out day-to-day tasks the following should be taken into consideration (this is not an exhaustive list):

    * The time it takes them to complete a task, compared with the time it would take someone without the impairment

    * The way they would complete task, compared with how someone without the impairment would complete the task.

    * The cumulative effect of the impairment on their ability to carry out everyday tasks.

    Under the EqA a person only needs to show that their impairment gives rise to adverse effects, not that those adverse effects impact on any particular capacity, such as a person’s memory or their ability to concentrate.

    Hughes Syndrome can be treated under the Equality Act if the EFFECTS of the condition (remember everyone is different) are substantial enough. Once this has been established and accepted by your employer the next step would be to ask for reasonable adjustments. Most Employers would treat someone with a condition such as ours under the spirit of the Equality Act even if they have not proven the above. Therefore, you should ask your manager to refer you to HR as he is clearly not treating you appropriately. Even people who work part time have the same contractual rights as those who work full time.

    Please also remember that if your company has a sickness policy they cannot use any sickness absence associated to the illness that is being treated under the Equality Act to go towards your Absence Policy. However for the absence that you had above which was for chest infection and Chickenpox they could because it has nothing to do with APS. However where it gets grey is when your APS makes those conditions worse and you therefore have more time off than you would have done had you been somebody who did not have APS. In those scenarios most companies would have to show some leniency.

    Finally, you can be terminated for incapacity. If a company gives reasonable adjustments and follows all the procedures but your sickness levels are still unacceptable they can as a final resort offer to redeploy you in a more appropriate position. However if that was not possible and all avenues are exhausted, then termination would be an appropriate next step.

    I hope that proves helpful. Good Luck.

  • Can i say many thanks to everyone who answered my question any input helps...i think that other things need to be thought through by my work place as i do attend work when having difficulty in with my joints normally i splint them just to try and keep going...but when you cannot breath properly and are coughing i draw the line and give in. kind regards to all.

  • I was in a similar position as I ended up in hospital in Cyprus with clots and then wasn't allowed to fly home for some time. I used this site where there is some excellent information and has a frank discussion with my boss. In the end they backed off from taking any action.

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