Hi, my name is Tracey, I would be greatful for some info regarding dismissal due to ill health — Scope | Disability forum
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Hi, my name is Tracey, I would be greatful for some info regarding dismissal due to ill health

Nation2000
Nation2000 Member Posts: 2 Listener
Due to my medical condition it was no longer possible to work full time. So at the beginning of February 2019 I started doing 3 days a week, this was flexible so that I could manage my symptoms. I was also able to work from home if I felt that I couldn't get into the office. My employer agreed to this, and I saw our Occupational Health Consultant who was in agreement that this would help lower my sickness absence.
My condition affects my brain and is a serious complication of non- alcoholic cirrhosis of the liver. Toxins build up in my brain causing symptoms of memory loss, slurred speech, balance issues and general issues with cognition. 
The only cure for this is to have a liver transplant and I have been on the waiting list for 9 months. 
During the first week of my new working pattern, my admin staff approached my line manager to raise concerns about my safety in the workplace.
They said that they didn't feel they could leave me alone and they were concerned that I would give out incorrect information to our internal client's. My line manager then sent me back to occupational health in the middle of February. I am in receipt of the report the consultant wrote. It states that due to the concerns raised he no longer considered me safe to work. I disagreed with this, as I work for the NHS and I have nurses in our office. At no time did I agree with his decision as work is nesess

Comments

  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @Nation2000

    Good Morning & Welcome it’s great to meet you this morning.

    I am one of the Community Champion’s here at Scope.

    Sorry to hear about your current problems.

    Yes I was in the same place a few years ago now.

    I also worked for the NHS.

    I went through the “Occy Health Process”

    Eventually things became too difficult as my Stroke caused me major problems both physically/mentally.

    Please please let me know if there’s anything that I can help you with??????

    @steve51
  • janer1967
    janer1967 Member Posts: 12,211 Disability Gamechanger
    @Nation2000 Hello and welcome to the community, I am a community champion and have experience as a Human Resource Manager. Can you tell me what advise you are wanting I have read your post with gives the background but you haven't stated what information you need advise on. I will be pleased to try and help you if I can.    
    Here to help with my experience in hunan resources and employment rights 
  • Nation2000
    Nation2000 Member Posts: 2 Listener
    Thank you I apologise as it appears not all my message got upload. So I'll try to b clearer.
    Mid January 2019 I had a consultation with my OH consultant. He was happy with the adjustments I'd put in place, namely reducing my full time hours to part time 3 days a week, this was a flexible arrangement so that if I was having a particular bad day, I could rearrange my working week to accommodate this. I also had the option to work from home.  It was mutually agreed this would start at the beginning of Feb.
    During the first week of my new hours, my administrators advised my manager that they didn't feel that I was safe at work they felt I couldn't be left alone by them and they had concerns about the information I was giving out to our internal clients. 
    My manager made another consultation with OH, and this time the consultant advised that due to the corns of the team he now said I was unfit for work. I disagreed with his decision as my health had not been any different from when I saw him in January.  I was quite angry with my team and felt they should have notified me about how they felt. I have asked on several occasions for the evidence that supports their opinion. As yet they have not shown me any incidents or complaints, in. respect of leaving me alone, I told them that there were a number of times they'd left me alone, I work in an office full.of nurses so it probably was the safest place I could be. Unfortunately I haven't been able to return to work yet as my health has deteriated in the past few months. 
    HR have now begun the process of either fiddling me due to ill health or take ill health retirement. In preparation for the 1st stage meeting I read the sickness absence policy and in the policy is a particular paragraph that I believe I would fall under. It is about medical suspension. It states that if the trust deem you unsafe to be at work, because I could be a danger to myself or others it covers up to six months and during that time I should receive full pay and it mustn't be included in my sickness absence.
    At the HR meeting I raised this clause as I thought it actually fitted my case entirely. But HR did not agree I could be covered by this as they stated it was more for clinical staff so patients were not given the wrong medication. I challenged this as there was no mention that it was only for clinical staff. This has now been escalated to a senior HR manager to investigate.  
    The other point I'd that I don't feel the trust has exhausted all possible reasonable adjustments. And the ones that I had initially put in place had not given me enough time to see if they would of helped my sickness absence.
     So to recap.
    1 In your opinion do you think that my case should have been classed as  medical suspension.
    2 do you feel that the trust have not exhausted the reasonable adjustments thoroughly enough for them to be able to dismiss me.

    I fully understand that a company has to have a certain level of available staff to accomodate
    Work load but as this illness is out hands
    .I feel quite victimised by the  pressure
  • avakarlsson
    avakarlsson Member Posts: 333 Courageous
    Hi 

    I am in the same position as you or I will be, I have been off work since September 19 due to chronic hip and neck pain and unable to work, I have had  occupational heath phone call assement a twice and had one last week I am waiting to see my manager and it will either be I will return to work or dismiss on ill health grounds, before going on long term sick I never called in sick at work I managed through everyday with chronic pain but once I stopped in September that was it as the pain was just so so chronic, and still is. So hopefully I won’t get dismissed when I next see my manager but I think I will be as my pain hasn’t improved much I had an hip injection last Friday to help my pain and investigate it’s helped a bit but not taken the pain fully and my chronic neck pain my consultant is saying it’s due to my bad posture I have got at present. 
  • janer1967
    janer1967 Member Posts: 12,211 Disability Gamechanger
    @Nation2000 thanks for giving more detail. I am unable to comment on medical suspension as it is not something I have come across and very much dependant on NHS policy. 
    As for your other points your employer has been advised by OH that you are unfit for work while this is a recommendation if they went against this advice and something happened to you or someone else they would most likely have a liability. As for not making all reasonable adjustments again OH didnt recommend any.  I would ask for specific examples why they think you and others are at risk and what they base this decision on . Do you belong to a union at all if so seek advice or you can get advice from ACAS. Maybe your GP or specialist could recommend reasonable adjustments but employers only have to make adjustments if it is practical and they are able to do so eg work from home reduced hours would be reasonable. It is minefield when dealing with these issues and not easy to advise without knowing NHs policies. But hope I have been some help 

    Here to help with my experience in hunan resources and employment rights 
  • avakarlsson
    avakarlsson Member Posts: 333 Courageous
    Thank you for the information, 
    yes I have been to my Gp and my consultant at the hospital knows and they’ve said hopefully they won’t dismiss you. And my Gp has been so helpful to me saying she will help me if they do dismiss me due to ill health. I don’t think adjustments could be done as I work in retail as a customer assistant and can’t sit down at the till, your putting stock out and etc 
  • avakarlsson
    avakarlsson Member Posts: 333 Courageous
    I’ve had 2 occupational health assessments on the phone now and the last one was on Tuesday and when I next see my manager they will either keep me and I stay or they will dismiss me on ill health grounds. 
  • janer1967
    janer1967 Member Posts: 12,211 Disability Gamechanger
    @avakarlsson sorry my advice was aimed at the questions asked by nation2000. If there is anything I can assist you with feel welcome to ask 
    Here to help with my experience in hunan resources and employment rights 
  • avakarlsson
    avakarlsson Member Posts: 333 Courageous
    Oh I am sorry, I thought it was aimed at me I’ve just gone back to it and saw the person name you mentioned it was for them, my apology. 
  • janer1967
    janer1967 Member Posts: 12,211 Disability Gamechanger
    No problem @avakarlsson just didnt want to confuse you. As I said happy to help if you have any questions 
    Here to help with my experience in hunan resources and employment rights 
  • avakarlsson
    avakarlsson Member Posts: 333 Courageous

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