Do we have any rights with employers as mine ar... - Thyroid UK

Thyroid UK

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Do we have any rights with employers as mine are being really unhelpful as I have had some time off sick.

Leach profile image
12 Replies

I was casually informed that I wont get paid if I have any more time off i.e when I have to go for radio iodine treatment.

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Leach
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12 Replies
PinkNinja profile image
PinkNinja

What does your contract say about sick leave? Most people have it stated in their terms and conditions of their contracts. Some people have up to a few months that they can take. Others might only have 5 days per year. On my contract I don't get paid for the first two days of sickness, which means I basically don't get sick pay as I only ever need a couple of days. For the first 6 months I wasn't entitled to any sick pay at all, now I am entitled to one working week per year of service up to a maximum that I can't remember, so 5 days in my case.

If you have already taken all the sick leave in your entitlement they are within their rights not to pay you however you can claim statutory sick pay if you are off for a week or more in one go. It isn't much but is better than nothing.

If you haven't used all your sick pay entitlement, you need to talk to them as they are in breach of your contract.

Check your contract very carefully so that you know what to say to them.

Sorry I can't help further

Carolyn x

Leach profile image
Leach in reply to PinkNinja

Thanks just checked with a legal bod apparently I'm covered up to 26 weeks paid sick, as I've been there a decade and as I am having time off with the same issue

I should be covered Hmm (think that may be due to what mood there in? However due to them not giving me full Return to Work Interview I am in a position to put in a grievance under disability discrimination act and they have to give me a reasonable adjustment.

The fact that they don't seem to take my condition as serious as a cold is something that I will address. Keep you posted.

PinkNinja profile image
PinkNinja in reply to Leach

They are definitely in breach of contract then. I'm pleased you were able to find out where you stand. Yes, please let us know how you get on. It is shocking the way some of us are treated!

I hope it all goes well.

Carolyn x

helvella profile image
helvellaAdministratorThyroid UK in reply to Leach

Are you aware:

The Disability Discrimination Act 1995 (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies.

en.wikipedia.org/wiki/Disab...

So your legal advice appears possibly out of date.

Rod

Leach profile image
Leach in reply to helvella

The fact is that my employers haven't asked me how /if they can help, almost stated that they wouldn't pay me if I have any more time off. This was a flippant remark from our Personnel Manager!

They haven't discussed my condition only that "radio iodine is the same as radio therapy and you'll be fine to come back to work. I have had 4 weeks off sick in the last 2 years and one of which is when I got diagnosed with Graves disease.

Its not as if I am taking odd days off because I had a hangover, but then others seem to get away with it.

I am hoping that I don't have to complain to work, I don't want wrapping in cotton wool. I can deal with the symptoms the fact that when I rarely have time off, I have to catch up as no one can do my job so it gets stressful so I get worse.

Bear in mind when I went off sick my pulse was 115 and I was blacking out and they sent me home.

I just feel I am being bullied about having time off, and that my condition isn't significant to warrant being ill, and I just wanted to know that I have some form of protection against this kind of bullying at work.

helvella profile image
helvellaAdministratorThyroid UK in reply to Leach

In my view, you should not be ALLOWED back to work for some time after having radio-active iodine on health and safety grounds - for your co-workers and anyone else you come into contact with.

I answered mainly to make sure that if you quote anything, it is the right Act! And that any advice is current and not from before 2010.

Don't blame you one little bit about feeling unhappy. Hope that it was a silly remark which has been overtaken by rational thought and simple humanity.

Maybe contact Acas and/or any form of trade union.

All the best

Rod

Leach profile image
Leach

Thanks for all your responses

They are aware of my condition as when I was diagnosed I brought the leaflets from the hospital and the Personnel Manager read through them, hence the comment made"its just the same as radio therapy, you'll be in the next day"

I have worked for the company for 11 years in December. It states in the employee handbook that 10 years+ length of service is up to 26 weeks paid sick leave. My contract is so old its probably an antique now but the general gist of it and in accordance with the handbook are vague and probably barely legal. The personnel won't let me see my file anyway.

Whether my condition has been acknowledged I don't know ( I haven't received any formal letters) as no one has actually taken the time to interview or have a conversation with me since my diagnosis in August.

My course of action is going to be

a) I will keep a diary of any further conversations with our Personnel Department, I will also talk to my line manager about my return to work wasn't done fully and that I am uncomfortable and concerned that I feel I cannot approach our Personnel.

b). I will then ask in writing for them to refer me to occupational health because I would like to understand my limitations. I am only 3 weeks into the carbimazole (There's a whole load of stuff they forget to mention about Hyperthyroidism, and even less about the medication side effects).

c). I will then contact ACAS, to see if I have a valid case.

Thanks for your advice and support, (finally people who understand me) - as I said I shouldn't have to feel bullied about having 9 days in a year off, condition or not.

I'm sorry If I sound really down but not had a good week, this week. I hope I get this sorted and that we can give a little bit of reassurance to anyone else who is having problems, as I am sure I am not be the first nor the last

Thanks again for your advice

in reply to Leach

I have Graves Disease and I understand what you are going through. May I ask why are you going for radio-iodine treatment, so soon after your diagnosis.?. Normally, even with very severe symptoms , as I have and even after my thyroid gland was totally removed by operation still have, people stay on anti-thyroid medication for at least a year,. Don't let the butchers destroy your thyroid gland too soon, explore every avenue first.

I have been extremely ill since my operation in June, it I could go back in time, I would NEVER have let them operate, now I'm going to be hypothyroid and on thyroid meds for the rest of my life. Taking out the thyroid gland DOES not cure Graves Disease it can make it much much worse. I'm not trying to scare you but please learn all you can about this disease and don't let the NHS talk you into something you don't want and don't understand. Xxxx

Leach profile image
Leach in reply to

Waiting on 2nd consult to see how carbimazole is working then they have said will hit me with radio iodine to shrink my goitre on my neck apparently it looks like a stick of brocolli on the scan! I have lots and lots of nodules on both sides of my neck one side you can see quite clearly.

They put me carbimazole to calm my symptoms but have said they want to try and shrink my lump on my neck they haven't given me a time line yet. They did say that surgery was last resort so if I can avoid it I will.

I hope you feel better soon.

in reply to Leach

Oh, poor you, that must be awfull for you, your employers should be far more caring !! I'm disgusted that they are putting you through this hassle when you are obviously very ill, big hugs, and be strong I've had to fight my corner all the way, but I'm much better for it, got the meds I need and my future is looking great xxx thinking of you xx

Alonso profile image
Alonso

Hi there, from your posts it sounds like you are fairly certain that you are entitled to up to 26 weeks paid sick leave based on your contract etc. And if that is the case, as long as you follow your employers procedure for reporting sick and keeping them up to date, then they are contractually bound to pay you. Great idea with regard to getting an OH referral, they can provide your employer with suggestions for reasonable adjustments, but be aware that these are just that , suggestions, as your employer may not consider them to be reasonable or practical depending on the business you work in. It's really easy to get caught up in the unfairness of this, but much better if you can resolve things informally with your employer. I'm an HR Manager, so please just shout if you have any queries, good luck

Good luck - some good advice above and you seem to be clued up too asking for OH referral (don't forget ACAS if necessary) - it's so wrong when we're poorly having to worry about unfair treatment too - but as you say - there's no-one to do your job - so basically they're scared it's going to be expensive, especially if it's only a small employer. Just be aware that in my experience HR work for the employer (definately don't want to offend Alsonso & perhaps ApsnotFab ?? such good advice)

Best wishes J :D

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