Help employment rights?

[danie]

Hello i have SLE and suffer with depression and panic attacks i work 30 hours a week. I was pulled into the office to say they think ive had to much time off and would offer me a 3 month probation at another work place or sack me! Ive had no warnings of being off and i dont think ive been off that much at all! Ive been there 9 months and had 3 weeks at most ssp and 1 week holiday my grandfather passed away and i had 1 day off that was all een though hes been like a dad to me please help me what should i do? I cant move because i strugle with new surroundings and panic attacks?

[Sue2803]

SLE is on the list of disabilities covered of the disability discrimination act so they have to be more sympathetic. You need someone to help you, go and see the CAB and get some advice, I am sure they will be able to help you.

[danie in reply to Sue2803]

Thank you i will go and seek legal advice on monday they wanted a decision there and then which i think is extremely unfair.

[Sue2803 in reply to danie]

Just tell them you are seeking advice so they cannot expect an answer straight away.

Good luck and hugs. x

[danie in reply to Sue2803]

Yes i did in which they sent me home. Im not sure if i can claim

Esa if im sacked or id have to go on the sick till they sack me! But with current panic attacks and anxiety i couldnt move to a new place with new people im current on waiting list for therapy (cbt) everytime i

Pick myself up something drags me down but ill keep fighting... Somehow

[nanny4 in reply to danie]

Hi there,I would urge you to get advice from the citizens advice on Monday,don't let your employer bully you into leaving,or sacking you,you have rights,they are treating you very unfairly.

They are trying to make you leave, it will make their life easier not yours, bless ya.

I hope you visit your cab on Monday,they will give you good advice.

Take care, let us know how you get on,Sandy.

[RhondaB]

Sorry to hear this. I agree with contacting CAB and may I suggest in the future you make sure you have FMLA (Family Medical Leave of Absence). This protects your job. The employer should have the forms or you should be able to get assistance from your doctor.

Good Luck

[LesJames]

Keep a diary of all events conversations. Do not leave of your own accord. Your illness is covered by the Disability Act. If the pressure becomes too much you may be able to leave and apply for constructive dismissal. Just make sure you have the evidence and records. Good Luck and take care. x

[deadasadodo]

Hi

Definately seek advice, from the CAB and also try the JSA as they are there is help people stay in work as well as finding work (direct.gov.uk/en/Employment..., you do not mention what sort of job you have, is there a union presence? It does sound like you are being treated unfairly.

Davina

[danie]

Thank you for all your help and support i think my boss has covered his back by offering me another position ! I work as a cleaner in a residential home. I really dont know what im going to do and im panicking at getting help as im due back in work tuesday !

[Bluerider]

Hi and I am so sorry you are going through this. I have lupus but am also an employer for a charity and am disgusted by workplaces who operate in this way. You are covered under the new Equality Act which goes further than the DDA. Your employer must not treat you less favourably than a non disabled person and must make reasonable adjustments. The definition of reasonable adjustments is something that makes it easier to cope with your disability so clearly a move to another position would not apply in your case. Gather as much information as you can direct.gov.uk/en/disabledpe...

You can also call the equality and human rights commission equalityhumanrights.com/ they give great advice. Then go back to your employers armed with knowledge and remember they have to follow a three stage process to sack you and if they don't follow it you can go to ACAS. Even then they can't sack you without sufficient grounds and disability wouldn't be grounds and would be illegal. If all else fails take them to a tribunal but don't give up. The more people that fight this outdated practice the better and I have been appalled at how many people on this site have lost their jobs. If you need any more advice just let me know as i have just had my entire staff trained on the equality act. Wishing you all the best and hope it works out but try not to panic as the law is on your side.