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Sickness procedures for pre existing condition

(3 Posts)
Needtobebetter Mon 18-Jan-16 09:34:19

My DH has been employed by the same company for 15 years, just before he started he was diagnosed with an ongoing medical condition that required management. He interviewed for this company who said they'd prefer to delay his start date until his condition was under control, once it was under control he started with them. Fast forward 10 years and the condition deteriorated, he underwent surgery which had left him with complications and lifestyle changes which are to be expected with this kind of surgery. He took the statutory sick pay and then had to be off longer without pay which is the company policy.

During this time he has had numerous bosses who have all require that his medical history be relayed to them, fair enough. One or two of them have given him leeway with absences and raised the number of days he can have without triggering further action but one or two haven't done this. It's a fairly complex condition but it leads to nutrient and iron deficiency which he is always on medication for.

He has had 3 sick days over the last 12 months, the previous 2 being due to surgery and a third one today which is because he's exhausted. He's being sent for a bone density scan which suggests that there is something more going on. His boss has rang to say that he needs to get back to work because his sickness is above the average for their company. The company has talked about redundancies and are incredibly strict about everything. Can DH be penalised for his absence seeing as it is all due to an existing medical condition that they knew about when they took him on? And how does he stand with the allowances made for him by his bosses seeing as there is no consistency. He isn't registered disabled as the surgery he underwent means that he no longer has the condition but it's the complications of this surgery that cause intermittent problems.

When he's healthy he is fine to work. We're just both really worried about where he stands with sickness procedure, can anyone explain what his rights are or is it just a case of bad luck that he'll be treated the same as everyone else without a medical condition?

flowery Mon 18-Jan-16 15:05:54

There are no additional rights or protection for medical conditions the employer already knew about, no. There is additional protection for absences caused by a disability, but the fact they were previously aware doesn't help him particularly.

3 days off in 12 months is above their company average? That sounds like a perfectly reasonable absence rate to me, pre existing condition or not. Does that really compare badly with his colleagues?

Underparmummy Tue 19-Jan-16 21:38:04

3 days off is surely fine. Google suggests 5 days as the uk average which is what we use a guideline.

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