Just when I thought things couldn't get worse!!

Just a quick update.......

I have now been asked to attend a dismissal hearing!!! No way? I hear you say!

Why? Because I have had 7 days off sick in 18 months!!!

No, I don't understand either, needless to say my RA has taken a beating and I feel pretty yuk!

I will let you know what happens, the hearing is 22nd May - I am not looking forward to it at all, I dont understand and I just hope my union comes and backs me up!!

I have to say, if having RA is bad, this tops it a treat!

Still the sun is shining and I am trying to stay positive.........

Take care everyone and have a good weekend!

Pen :o)

18 Replies

oldestnewest
  • Pen,get a solicitor to go with you to your hearing,one who is up on work law. I don't think you should let them get away with it. I wish you luck,but do get legal advice.

    Sylvi.xx

  • I do have - and thanks!

    Hope you are feeling ok!!!

    Pen x

  • Dont know how they can do that without previous written warnings? Yep i agree you need a good lawyer. and good luck Axx

  • Pen that is absolutely disgraceful and must be really bad for your stress levels. People are just treated like fodder by employers. I wish you well and hope your legal representative can wipe the floor with them. They're just scum! Don't let them beat you down.

    Paula x

  • This sounds really out of order Ido hope that you and your solicitor can kick them into touch! You sound as though you have a grip on things though!

    XC

  • I can only imagine the shock of it all! But, sit down, put your feet up, after you've made yourself a cup of tea, and let the lawyer take over. Don't get anymore unnerved by it all, it just causes adrenalin to course through your blood, creating its own kind of havoc and them won't let yoou sleep :) Be of good cheer, hugs from across the waves! Loret

  • Thanks!

    Off to bed now!!!

    x

  • Hi Pen

    I'm so sorry to hear they've decided to dismiss you, this news must have felt like a slap in the face.

    Are your employers aware of the DDA / Equality act, they can't dismiss you until they've exhausted all other options such as addaptions, aids, reduced hours etc there also supposed to carry out workplace assessments to see what help/support they can offer, dismissal is supposed to be the last resort not the first. Bloody idiots.

    My only advice is; if you have an employment solicitor great if not, contact your union and make sure the union rep is up to date with current legislation regarding disability and dismissal process's.

    In fact I'd be tempted to contact the HR manager and ask if they're aware of your disability and if they're within their rights to go down this path so soon, ruffle a few feathers in HR department.

    Or you can go with the flow let them do their worst, then sue them for unfair dismissal under the DDA but you must file a case within 3 mths of the dismissal.

    My very best wishes, hope it goes your way.

    Beth xxx

  • Hi Beth,

    Thank you for your advice!

    I have been asked to reduce my hours, but to complete the same amount of work in less time! HR are involved, and have sided with the head teacher.

    I have never had a work place assessment done, but last week after having stood at a copying machine for 3 + hours solidly, I asked if I could have a stool to perch on as my legs were swollen and I ached all over. They could get one quick enough, and seem very concerned - but that is only because lots of people who are my friends are disgusted with how I am being treated. The feel powerless to do anything, but as I tell them their support means more than they will ever know.

    As I can understand, he is planning to dismiss me on 7 days sick, which I know is crazy, but he is a nasty peice of work!

    I do wish I could just leave, and we have considered all options, but in this economic climate, I cannot afford to not have any money coming in!

    It sucks!!

    I will let you all know how I get on!

    :)

  • It certainly does suck...

    If HR are siding with your boss are they admin or managers? Whatever level it's disgusting.

    I'd still insist they arrange a work based assessment from Access to Work, it's worth trying to enlist the support of other health care professionals and within the authorities education department at a higher level, then if the worst happens and you sue for unfair dismissal it show's you tried your best to stay at work.

    It might also be worth getting a letter of support from your GP/Consultant explaining the limitations RA forces on us and reminding your employers they have a duty of care too. xxx

  • Sadly it doesn't come as a surprise, before I was diagnosed I continued to struggle in and my boss knew I was in real difficulty. Having had a particularly bad morning having to wait for my wife to help dress me me, I rang in to say I would be a little late only to find later an official warning for lateness but if I had rung in sick and taken the day off I would have been OK! They are only looking to protect themselves (the employers) so do whatever it takes to protect yourself!

  • Sorry to hear you're having a rough time with your employer! I have recently been through a similar thing, I work in HR and was recently questioned in a meeting about my ability to do my job due to sero positive RA, Fybromyalgia and secondary sjordens syndrome! I felt so belittled and upset it was unreal, but decided to fight back - I raised a grievance in writing and sent copies to HR and the Director! They called in an external HR specialist who I had a meeting with and it appears I should have in no way been treated this way! The disability law protects us with our illness, they cannot dismiss you for having 7 days off sick! I have been of ill now for 3 months and they are unable to dismiss me!! I went to see an independent doctor that my employer paid for to get an occupational health assessment (every company should have an occupational health advisor) the outcome was that I am not fit enough to return to do my current job role and will be assessed again in 6 weeks! My employer has now offered me part time hours upon my return and possibly redeployment within the company so I don't have to carry on doing such a stressful job that didn't help my illness!

    Please don't give up! Your employer is treading on dangerous ground at the minute! Keep yr chin up and let your solicitor do the talking! Best of luck and let us know how it goes xx

  • Bless you, thanks - you take care!! x

  • That is terrible!.. do you make the bear greeting cards like your profile pic?. I love those!.. there is no way you can be sacked for just seven days sick that is not possible and proposterous. Im hoping Lavender reads this as she is well placed to advice( think I will message her)

  • Hi Summer - yes I do make Me to You teddy cards - friends who reveive them love them - on a happy note, my engagement ring was delivered in the crook of the arm of a teddy nearly 2 foot tall!!! Lucky me!!

    Thanks x

  • Hi PJ68. Summer sent me a message about this to see if I could help.

    Firstly, you are entitled to have someone with you at the meeting who can take notes on your behalf. This could be either a union member or another member of staff whom you trust. Preferably the Union representative - if you are in the Union, they will help. Let them know the date and time so that they can make arrangements.

    It is unlikely you would get a solicitor to attend as obviously they would send you the bill for doing so!

    Have they sent you any written information about the reasons for this hearing? You are entitled to see what they are saying. Beth is absolutely right, you are covered under the Equality Act which replaced the Disability Discrimination ACt. They cannot sack you for having 7 days off in 18 months when you are considered disabled under the Act and they need to exhaust all other possibilities i.e. changing your work pattern, finding a different sort of job which you can do which accommodates the RA, providing you with equipment to help (foot rests, ergonomic mouse for the computer, back rest, special chair etc).

    At the meeting, try not to get too upset about what they are saying. Make sure your friend or the union rep is taking notes. Those notes should then be agreed with the person conducting the meeting, so you will need to go through them carefully to make sure everything said is covered.

    If this is an actual dismissal hearing, have you had any previous warnings from the company concerned in writing? If not, this is almost certainly the first disciplinary hearing which could (but probably won 't) lead to dismissal. If it does, there are a number of remedies available to you not least of which is a claim for unfair dismissal to an employment tribunal which has to be done within 3 months less one day of the decision to dismiss. CAB can help with the forms for this.

    You can get telephone advice from ACAS (they have a helpline number on their website). Do give them a ring as they are incredibly helpful. If you have a CAB near you, pop in to see them as well. You can go on line to CAB Advice Guide, look up employment and that will take you to the right pages and you can then go through them to find your situation. Also have a look at the pages which deal with discrimination on the grounds of disability.

    The person who should be supporting you in all this is the union rep. so make sure they are on board and will attend the meeting. But contact your HR dept as well as they may not know what is going on! I know mine didn't and once they knew, they swung into action and told my immediate boss where he got off!

    I am sending you a separate message with my phone number if you need any further help or support. Good luck. Lavendar Lady x

  • Hi, poor you,that is shocking. Ive just been sent to occy health who says that my 13 days off in past year is nothing and that they have to expect me to have more time off than 'mr average' because of my RA, he also said that he would remind them of the disability act and their obligations from it.

    Sounds like they are treading on very dodgy ground. I would definately only attend with your union rep and if they cant make that date ask if it can be postponed until they can.

    As if we don't have enough to cope with without this crap we all seem to get from our employers, if only we could hand our symptoms to them for 24 hours to live with,then perhaps we'd get praise from them for struggling on through the pain and tiredness, which is what we deserve.

    I would want to know if any other employee has had 7 days or more off and if they are being treated the same?

    Makes my blood boil!!!

    Keep us update, lots of hugs, x

  • Thank you guys - I will take all you advice and support on board and will let you know how I get on.

    I apologise if I dont visit here too much in the next week or so - I juts have a lot to prepare!

    Sending you all a happy smile and painfree days!!!

    xx

You may also like...