Has anyone been dismissed from work due to illness... ??? And how do I fight this ??

[honeysuckle]

Has anyone had work difficulties. I have worked for same company for 30 yrs, & now they are upset with me attending doctors, hospital and specialists when my lupus flares. This year have had more than usual due to flares... (Got SLE 6 years ago) I know they are looking at getting rid of me because of sick pay stuff... I have had angogamme stuff, heart stuff and lymph glands removed this year (or of course they will restructure the business !!) Any one know off any cases from solicitors, re this sort of thing... Quite a grey area really...

[Welshexile]

I have been made redundant through ill health on 3 occasions in the past, they have always offered me good settlements as long as I didn't fight it (had to sign gagging agreement) and I was always too ill to fight them (them being global companies with big shot lawyers). But I do know for sure that Lupus is covered under the Disability Discrimination Act with regards to employment law so the company you work for should tread very carefully. Under that act they have a responsibility to make adjustments to allow you to continue in your role and having time off for medical appointments is all part of those 'reasonable adjustments'. I would suggest you seek legal advice either through CAB or many solicitors offer a 'free' first session - just to see where you stand

[honeysuckle in reply to Welshexile]

Thanks you for replying... and I took your advice and found a solicitor and got some free advice first... Ans basically the main sentenace is the same as you say about the adjustments.. Hope all is good with you... and again many thanks..

[fabwheelie]

Do you have a union rep you could talk to? Are occupational health involved? Are you in an occupational pension scheme ?

I got dismissed due to ill health whilst I was going through the process of being retired due to ill health, and I had to accept it because I was not well enough to carry on in my job. -It actually helped me and was part of the whole process of getting retirement due to ill health and the occupational retirement pension from my employer

Try to examine if you are well enogh to work or not, and look in to "reasonable adjustments" that could be made to help you keep your job -Drs appointments etc should definately come under this under DDA law

[honeysuckle in reply to fabwheelie]

Thanks for replying.... I went and got some advice as everyone seems to suggest that... Yes I am more than well enough to work... Its just the Lupus thing and occasional flares, which knock the stuffing out of you... and doctors visits and hospital visits... I'm a tough bird and will always keep going for as long as possible.. Hope all is better with you... Best wishes and thanks for the reply

[bodicea]

If in a union get them involved NOW - they don't need to do anything but you must keep them informed. If not do you have access to a welfare officer, or get in touch with a solictorwho speilises in employment law. (find in yellow pages they often offer an hours free consultation. Make sure you keep records of everything write everything down and keep any emails you are sent- details of any meetings you attend and ask for minutes of the meetings.

Your employer has a duty of care to make reasonable adustments to enable to remain at work. This could include letting you work flexible hours /reduced hours or from home (if feasable). whilst your health is bad, this would enable you to have some appointments whilst not at work whilst having some time to recuperate. Most compamies would prefer you to do shorter hours for a while and review it from time to time, (its all to do with managing work loads - the company can cover your flexible/reduced hours with temp staff for a while because they know exactly whats happening and can maake sure everything is covered.

If you can get support from the occupational health department - then go; they can support you by suggesting these things and maybe getting other things in place to help you. If you have worked for such a long time for them you must be valued member of staff. One thing DO NOT resign or take any package they offer without advice from a professional.

Just a question - how do you know they are looking to get rid of you? have you been told anything? If I can help further please give me a shout. good luck and take care of yourself . Bodicea xxx

[honeysuckle]

Thank you so much for replying.

No Union... and I am the one who deals with grievance procedures.. etc... and I cannot take myself to the boss for fear it means they will jump in and take action and reduce hours etc...

I found out about this because an employment company phoned the office to confirm an appointment for the next day with the bosses. (seeing as I have always done the wages, discussed staff contracts etc... and done the paperwork, thought this was odd that I did not know about it.. seeing as was part of my role..) Next day came and the visiting person was met in the yard and taken into the house, not into the offices.. .. Paper work I have since managed to find !!! just shows legal cases regarding dismissal and change of working pattens for 'disabled persons or with cronic illnesses' and the only person at work that covers would be me... I do not want to pre-empt them into doing anything...

I have loved my job... (30 years) very large farming business, (and you become a side lne of the family too) with only me in the office and I cover a mutlitude of jobs...

I have seeked a gereral information from solicitors, who specialise in employment, and they cannot get rid of me due to the illness, but should basically make adjustments... But they could re-structure the business (a good way round most things) as they have another sons who wants into the business... so they could let him have my job... and call it restructuring.. but they would still have a job with redundancy because the job is not redundant !! and job will always exist... But am now recording stuff, if things get difficult at work and doctors also know..

Again thank you for taking the time to reply. Best wishes