If i have been off for long term sick, does my wo... - LUPUS UK

LUPUS UK

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If i have been off for long term sick, does my work have to accommodate me when i go back to work?

lainylooloo profile image
6 Replies
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lainylooloo profile image
lainylooloo
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6 Replies
steph1 profile image
steph1

yes they do as far as im aware ive been off sick since July 2012 and they still want sick notes but i dont get any money from them i only get ESA .

steph

lainylooloo profile image
lainylooloo

ok thanks want to go back to work but cant go back full time im hoping they will let me back part time .

fabwheelie profile image
fabwheelie

Yes Under the equality act a person is classed as having has a disability if they have

(a) a physical or mental impairment, and

(b) the impairment has a substantial and long-term adverse effect on persons ability to carry out normal day-to-day activities.

Thus Lupus often can be classed as a disabilty

Under the equality act the employer has a duty to make "reasonable adjustments" so the disabled person can remain in work.

However it is a bit of a grey area what is counted as "reasonable" - things like part time hours are not always classed as a "reasonable" adjustment

- for example when I was in work my employer gave me phased return to work where I gradually tried to build up my hours when I went back after being on long term sick - I could not even manage that and they could not make my role part time forever as my boss said in the long term they needed my role to be filled full time - in the end I had to accept that I was not well enough to work and I got "retired due to ill health"

Try a chat with your boss, occupational health , HR to see what they may be willing to do for you. Good Luck

DonnyJM profile image
DonnyJM

They are required to as Wheelie pointed out so eloquently - however as it is a grey area the application and flexibility will depend on the attitude of your employer. Any good employer who cares about their staff will do what they can. Sadly, and in the currently market there are many employers who are not so compassionate.

Your line manager can also make a big difference so it is worth finding out what the company written policy is. If your boss does not follow policy then don't just accept it but escalate to the next level and HR. You can follow the grievance process.

If things get tricky the make sure you get some external specialist HR advice to help with any letters/meetings etc...

I hope you get a good outcome and compromise - you fight Lupus every day so keep up the fight at work to strike the balance you need.

lainylooloo profile image
lainylooloo

thankyou all for your replies very helpfull, will keep yo all posted on what happens.

Read your absence mgmt policy and ask to be seen by occupational health x

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