Need some employment advice...

[Dannimant]

I was signed off sick from work for 3 months at the end of 2020/early 2021 when I was diagnosed with SLE and Fibromyalgia. I returned to work in early Feb with a slightly reduced working week (36 hours over 4 days so pretty much full time). I had a flare up in the beginning of June when my left arm swelled and was really painful. I messaged my boss the day before and asked if I could work from home for the next few days as I have up to an hour commute to work and drive a manual car (I need auto but can't currently afford to upgrade) to which she replied if I'm not well then maybe I'm best not to work. I did feel pretty ropey so took her advice and ended up being off for a week. I spoke with my Rheumatologist in the meantime who prescribed a month of Prednisolone which did ease the flare and I returned to work as normal. I was called in to an absence review meeting today and slapped with a formal absence improvement plan (in other words a written warning advising further action if my sickness didn't improve. I've taken no other sick leave apart from that week since my return and just feel like I've been slapped in the face. I've been completely transparent with them about my condition, regularly update them on my condition (with evidence from my health care team) and try so hard to push through on my bad days. Has anyone else had a similar experience with their employer? I assume it's just a Bradford score formality but just feel it's a little unfair. Prior to my accident I rarely took sick leave and whilst I appreciate my initial absence was a long time they were so understanding of what was going on on that occasion and literally couldn't do enough to support me. I'm still learning about my conditions and now feel like now I have a diagnosis it's expected I should just get on with it.

I have an appointment in 2 weeks with an employment advice officer and will talk to ACAS but would love to hear from anyone who has had similar experiences or have any advice x

[Ruby3333]

Hi yes I have had same experience I work for nhs for Gp surgery I have had to leave and get another job at another Gp surgery as my employer would not reduce my hours I worked 37 hours but I got Poorly I have SLE so now working 25 hours and not had my covid jab as bad flare so they were not happy about that either feel like I was getting pressure every day to get it it’s hard to get help but I hope you get go to occupational health I did that before and they did reduce my hours ring union good luck xx

[Star13]

Hi There. Im assuming that if they are aware of your condition then they have accepted that you are disabled under the Equality Act? Which says "a physical or a mental condition which has a substantial and long-term impact on your ability to do normal day to day activities." Long term means 12 months or more and substantial means more than minor or trivial. Your condition more than meets that criteria.

Under Employment Law if a company has a sickness policy they cannot penalize you for days you take off that are for your condition or add them to the policy. If you have a cold and you took a day off they could - if you have a day off with a cold but it flared your Lupus they cant!

Therefore they cant slap you with this formal absence sickness plan as you were off as part of your disability illness,

You need to write to your Manager and politely point out that your sickness absence was an exacerbation of your disability under the Equality Act of which they are already aware. As such they cannot penalize you with any absence improvement plan connected to your disability.

In the meantime do not attend any meetings without a colleague to take notes on your behalf (no matter who its with especially your Manager. Your entitled to at least 24 hours written notice. They have upped the anti so you need to show your prepared to be just as formal. Take notes of anything that's said to you with a date and time.

At the end of the day you are protected as far as your "disability" is concerned but the minute you catch a cold or the flu you can bet your boots they will use it. I hope that you have a friendly Consultant who is willing to write good letters to support you if you need it!

Sorry your going through this its not nice is it?

[Londongigi]

If you belong to a union it's vital you get them on board as i I was in a similar situation as you. I've had lupus sle for 13 years and never took any sick leave for lupus as i was told by my HR dept That Lupus Sle w.as not covered by the equlaity / disability act. In 2020 i ended up in A & E with tachycardia for 12 hours.I was off work for a week & my employer gave me a stage 1 warning as i had previously been off sick with a chest infection. My employer referred me to Occupational Health and the advisor was very angry with my employer as she said Lupus Sle was covered by the equality / disability act. I am still off sick from work waiting for a face to face appointment with my rheumotology consultant. Stand your ground , we deserve to be treated better.

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[Kath1]

I had to push and push to be referred to occupational health who sent me to a doctor for an independent assessment. He had my notes and said he didn't understand why they had sent me because it was all very clear what the medical issues are. I wish you all the best and definitely get the union involved. Good luck

[baba]

Good advice already given, get your union, ACAS, occupational health involved.

Lupus UK has two publications on employment, one for employees and one for employers, available to download at:

lupusuk.org.uk/publications/

[Ianflashdavies]

I agree. Union ,O.H and keep a record from G.P. Always get a sick paper.