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Capability meeting relating to long term sick leave

(9 Posts)
facingthesack Fri 03-Dec-10 20:54:12

Hi

I would like some advice please to try and prepare myself for what's ahead of me.

I have been on sick leave for the last 8 months due to a very severe back issue.

I've had a lot of hassle with trying to get hospital appointments etc, more or less trying to get taken seriously so I can get the treatment I need. I have waited since July to get a consultant appointment which is next week so I will know then what I need to get done (possible surgery).

Anyway, I have been in contact with my employer throughout and have had various discussions with them regarding my health and they have always been fully informed. I have been for an occupational health appointment 2 months ago which agreed that I was not fit for work until my problem was resolved.

Today I received a letter from my employer to say that I have to attend a capability meeting next week. The letter states that there will be sanctions put in place after this meeting and to warn me that I may face dismissal from the company.

I really am at a loss as to why this would be the case.
Are they allowed to dismiss me because I have been off sick?
I'm really worried about this and would really appreciate any advice.

Sorry this is long and thank you for reading.
I have name changed as I don't want to be recognised.

StealthPolarBear Fri 03-Dec-10 20:59:26

HI, sorry you are in this situation. The meeting will be standard procedure and will most likely have been triggered by the length of time you have been on sick.

the line about dismissal being one of the outcomes - they have to put that in.

They are allowed to dismiss you if your sickness means you are unlikely to not be able to do the job and there is nothing they can put in place, or no suitable alternative, however, if you are seeing a consultant next week and know your options better then then hopefully the meetimg will be more supportive- timescales, things they can do to ease you back into work, things you can do to keep in touch and keep abreast of issues.

Who is accompanying you to the meeting?

Good luck, please be careful and cover your back but go in there with a positive attitude of how you feel you can return to the job. Is this meeting before or after your consultant appointment?

facingthesack Fri 03-Dec-10 21:12:15

Thanks for your reply.

I had intended to go to the meeting myself, I am not a member of any union.

The meeting is before my consultant appointment.

I'm glad the letter just sounds like standard procedure it just gave me a shock when I got it.

When my back is sorted I will hopefully be able to return to my normal job.

SandStorm Fri 03-Dec-10 21:16:44

Why don't you call them and see if they will postpone the meeting until after your appointment.

TheSleepFairy Fri 03-Dec-10 21:24:07

I would call them & ask them to postpone until you have some clarification from your consultant appointment for a start.

I had one of these meetings but it was due to pregnancy problems, childrens sickness (chicken pox) & the sudden death of my younger brother.
Apparently they needed "bums on seats" (nice) & as my absence was obvious it really was out of my control & the meeting was resolved with me needing to try harder to be in work basically.

I viewed it as a protocol as all the reasons for not being there were out of my control.

facingthesack Fri 03-Dec-10 21:40:25

I think i'll just try and change the date until after my appointment.

TheSleepFairy sorry for all your problems and then work issues just make it all worse.

Thanks all for the advice

TheSleepFairy Fri 03-Dec-10 21:50:15

I worked for the nhs & seeing as they are meant to be there to help it made it all the more commical.
I picked up the confirmation of death from a doctor call by mistake & recongnized my mum's address, went to my mums house straight away (left work early) & at the advice of my manager took 3 days off & then another day for the funeral.
post mortem results came in after the funeral (not suspicious) & I had asked them to call me before my mum & I ended up in work when the call came.
Results were a shock to say the least & I had to leave work early as I couldn't concentrate & just wanted to see my mum to be honest.

Returned to work I then the procedure for the interview started.

Sorry, not got that all down into words before. I'm a very poor sahm now - they didn't get rid of me I resigned grin

hope it all works out for you x

facingthesack Fri 03-Dec-10 22:22:10

You've had a tough time, I'm sorry to hear it all.

I think most of these interviews must be form filling exercises. I've had meetings with work all along but the letters to advise me about them have always said that it's nothing to worry about but this letter was very different.

I'm in a lot of pain and I would love to be able to go to work but at the minute I just can't. It just feels like I constantly have to prove myself.

flowerybeanbag Sat 04-Dec-10 14:39:41

8 months is a long time to have off without much happening in terms of getting it sorted. Not saying that's your fault at all of course, but it's just a fact.

I agree get the appointment postponed for a week or two until you've had your consultant appointment.

They could dismiss you if it becomes clear there's no realistic prospect of you returning to work in the near future and/or adjusting your job/finding something else to enable you to return.

But until you've seen your consultant you're not going to be able to give them any indication of the probability of any of those things.

Do OH not think you can do any work at all, not even a different job?

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