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I dont know what to do? I think they are going to sack me cause i am ill

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  • I dont know what to do? I think they are going to sack me cause i am ill

    I work for a large company on a government run scheme as an electrician. In early February this year i was working in a customer's house when i became ill. My customer had to phone for an ambulance and i was taken into hospital and i was diagnosed with SVT (Supraventricular tachycardia) which is an abnormal increase in my heart rate.
    After my trip to the hospital my doctor advised me to stay off work until i was referred to see a consultant. I had a similar incident in August 2009 whilst working for the same company but nothing was diagnosed. I saw the consultant in late April this year and he put me on some new medication but as i was still suffering svt attacks he said he wanted me to stay off work and he would review my progress at my next planned appointment. During this time i had recieved a HR home visit where i was informed an independent doctor would assess my health.
    This OH doctor came and saw me and agreed i suffered with SVT and agreed with doctors opinion i should stay off work.
    In early June this year i had another HR home visit, this time my line manager came along with the lady from HR. It was suggested that if my doctor was happy to sign me fit to return to work on light duties, my boss said work in the office assisting with planning, ordering, remedial etc the company would go with this until the medication was ok or until i had an operation to solve this. I said i would be going back to the hospital in late June. We all agreed to meet up after this.
    I went back to see my consultant in late June, he said he would try one more type of drug (Flecainide) and again if this did not eradicate the SVT he would put me forward for an operation (abalation procedure - I would be off work for 1 week, the consultant said the op is 95% successful), he said he would see me to discuss this in late September this year. He agreed that i could return to work on light duties such as office work and i was provided with a certificate noting this for the period upto my next consultation with him.
    I forwarded the certificate over to my boss, hoping i could now return to work, about a week and a half later i recieved an email from HR saying they wanted to do another home visit.
    At this home visit which was early July, my boss then informed me there was now no office work available or light duty work. He said due to the uncertain nature of what will happen at my next hospital appointment, they could no longer keep my job open as an electrician as it was costing them money using contractors. He said i was welcome to apply for other jobs in the company which may suit me at this moment in time. He said HR would provide a list and she would let the recruiters know about me and what jobs i have applied for. I said could i go back to my electricians job once i had the op, he said no. The HR lady also said i would be seen by OH doctor again to assess my fitness to do office work / or be electrician.
    My boss finally added that if could not find a suitable job within the list of jobs from the company i would be summarily dismissed as not being fit to do my job. I asked for timescale of all this happening he said 6-8 week.

    As of today, i have heard nothing from my company, i have sent email finding out what my pay situation is, when is the doctor coming, where are all the notes from the HR home visits which the HR lady promised( on the first 2 home visits i had to sign her notes page, on the final visit i was not asked to sign anything), no company jobs list.

    Please can someone me on how i stand in this situation. Is the company acting fairly? What type of pay should i currently be on? Can they dismiss me like this? Should i apply for other jobs within the company?

    Thanks
    Tags: None

  • #2
    Re: I dont know what to do? I think they are going to sack me cause i am ill

    Have you got the offer of light duty in writing?
    Have you got anything in writing threatening you with dismissal on the grounds of ill health?
    ------------------------------- merged -------------------------------
    http://www.acas.org.uk/CHttpHandler.ashx?id=241&p=0

    If you read from about page 19.
    Last edited by leclerc; 5th August 2011, 13:08:PM. Reason: Automerged Doublepost
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: I dont know what to do? I think they are going to sack me cause i am ill

      The offer of light duty was made at my second HR home visit, the notes of which i was promised a copy as i had to sign the notes to say i agreed with what was said at the meeting. I have asked my boss today for these notes from all my hr home visits to be forwarded to me.
      I have nothing in writing threatening you with dismissal on the grounds of ill health

      Comment


      • #4
        Re: I dont know what to do? I think they are going to sack me cause i am ill

        I think part of the key here is this

        I said could i go back to my electricians job once i had the op, he said no
        As far as I know, your boss cannot say no to this. If you are certified by your doctor as 'fit to work' after the operation, then your original position should be available to you (assuming you are a full time employee, the position has not been made redundant and the timeframe to the operation is reasonable). Having to use contractors is not an excuse, its part of the risk of being an employer that employees have unexpected illnesses sometimes (though many employers will hope people do not know their rights).

        I would recommend speaking to ACAS on the phone (also do you have a union? They may be a good bet to talk to). Its also worth emailing the HR department and asking them for confirmation that you cannot return to work on light duties, and that you cannot return to your original position if your doctor certifies you fit for work after the operation.

        We have gone through something similar with my wife. Signed off by doctors, then company HR doctor agreed with her doctor. So the company held her position, but then re-shuffled teams internally and said her position was no longer available. They offered her the chance to apply for different positions, but none which fitted her skills (so they knew she had no chance of getting back in). The tribunal date is in a few weeks.
        Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

        Negative, I am a meat popsicle

        Comment


        • #5
          Re: I dont know what to do? I think they are going to sack me cause i am ill

          I am slightly confused by your first sentence that you work for a large company on a government run scheme. Who is your contract with? Do you have a copy of your contract and terms and conditions thereof. If not, you need to write to the HR department of your employer and get these. That will state the policy on ill health, pay etc...

          Different organisations have different policies and you can be pretty certain that a government policy would give you much better terms than a private company's policy. There are disadvantages to being a public sector employee, but when it comes to employment rights, the public sector are extremely well protected.

          Comment


          • #6
            Re: I dont know what to do? I think they are going to sack me cause i am ill

            Just a point of info: - a friend of mine who worked for a large retail company as I did years ago was in hospitol when the company approached them and told them they were redundant as they would not be able to work again, and TGWU took up the case and a tribunal awarded the person compensation why? (The person concerned was working as a court usher in the local court now). Makes you wonder about these forms?

            Comment


            • #7
              Re: I dont know what to do? I think they are going to sack me cause i am ill

              Hi,

              You appear to have statutory rights under the Employment Rights Act, as from post #1 you indicate that you have been working for the company for over 1 year.

              take a look here http://www.direct.gov.uk/en/Disabled...hts/DG_4001071

              You should also consider a formal (written) grievance using the company procedure.

              Also bear in mind that there is usually a time limit for bringing your complaint to an Employment Tribunal (approx 3 months from the date of the incident - that being the threat of dismissal). Grievance & ET can be run concurrently.

              The bigger the company, the more they have to try & find a suitable alternative position for you.
              However, should things get to that sorry stage, they probably have a very good specialist employment lawyer.

              If you have home insurance, it often gives you cover for employment issues.
              Are you a union member?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: I dont know what to do? I think they are going to sack me cause i am ill

                Good point with the 3 month time limit. Its worth noting that many employers will try to spin out grievance procedures to go over the three month limit.

                Steveoasis, If things dont work out and you wish to go to tribunal, I highly recommend John. His website looks basic, but dont let that fool you.

                http://www.johnmackenzielawyer.co.uk/

                If you decide to go the legal route, have a chat to him about your case and he will give a good opinion on how to move forward and if he thinks he can help with the case. John does contingency basis work (aka 'no win no fee') for employment law IIRC.

                *Disclaimer: Not in any way paid by John or affiliated with John. He has worked with us in the past on employment law cases and our experience of him is highly favorable. I make no representations that you will have the same experience. YMMV.

                **mods: if recommending this chap is in any way against the rules, apologies - please edit this post accordingly.
                Last edited by shamen; 6th August 2011, 20:53:PM.
                Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

                Negative, I am a meat popsicle

                Comment


                • #9
                  Re: I dont know what to do? I think they are going to sack me cause i am ill

                  I would echo shaman's point re seeking expert help if ET is considered necessary.

                  With ET, like any court, it is a lottery regarding the Employment Judges, & some seem to have forgotten that the Tribunal system is supposed to encourage Litigants-in Person.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: I dont know what to do? I think they are going to sack me cause i am ill

                    Also, I have noticed that large firms seem to instruct law firms who are local to the relevant ET.

                    So these bods are in the local Tribunal building virtually every day of the working week.

                    You will be there a few days max.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment

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