Scared I am about to lose my job

[TheOddSockMobster]

My employer "allows" us to have a certain number of days off a sick leave each year, after which you have a formal meeting to discuss your absences. I have been really unwell (several intensive care admissions), and I had this meeting six weeks ago. I was told that if I have another day off before the end of this week I will, most likely, be dismissed.

I had four epileptic seizures today, the second one was whilst I was going to work. My epilepsy is normally really, really well controlled, and I normally only have seizures at night when it isn't well controlled (several years ago it wasn't). Today was totally abnormal in every respect.

However, I recently had to change GP, my notes hadn't been received by the new GP surgery and so my prescription couldn't be written. My old GP surgery have for the last two weeks either told me I am lying, put the phone down on me, or assured me (and two other doctors) that they would fax through the medication list immediately It's not happened and today was day four without any medication.

What the hell can I do? Can someone please offer me some advice? I bloody love my job and I don't want to be dismissed.

Can they actually sack you though for an actual medical condition.
Does that not fall into the discrimination category. Where they aware of your condition before they employed you.

How long have you worked there?

If you've been employed for 2 years you've got more protection in law. Might be able to claim unfair dismissal. Less than 2 years you could still have a case for disability discrimination, as severe epilepsy would be classed as a disability. Either way, put in an appeal if dismissed, and phone ACAS for advice on the wording.

9 months. I have had one today off for epilepsy (today), all the of the other days off were related to something else.

My managers knows I have epilepsy but I didn't say before I was employed as it is so well controlled normally.

Unfortunately you don't have much protection in law. Poor attendance is a valid reason for dismissal in a lot of places, and within the first two years I'm pretty sure they don't need a genuine reason to dismiss you.

So you’ve had the seizures because you’ve had no medication then? I’m not sure where you’d stand legally but for now you can ring 111 and they’ll point you in the right direction for an emergency prescription to tide you over. They’ve done it for me a few times as I’m epileptic too

That is bollocks about your notes not being received by the new GP surgery OP. True, the detailed records might not be completely over (i.e. if you've moved from/to areas on different systems) and they might not be know which items should be on repeat prescription, but they should definitely be able to see what medication you've had in the past. Epilepsy meds, together with those for diabetes and asthma for example, are on a very short list of drugs that a patient absolutely cannot go without and a decent member of admin/reception staff should be pulling their finger out to ensure you get it.

Has your new surgery actually registered you yet? If they have, your old surgery won't be allowed to access your electronic records any more and it is the responsibility of your new surgery to sort it out.

If any of your absences are for a reason that falls under the Equality act then they'd be in a difficult position to sack you. Have you seen anyone today about your seizures?

@LegallyBrunet Thank you, I now have the medication as A and E prescribed it (I was admitted when the seizures wouldn't stop).

@Adaline, ok thank you for letting me know this. It feels completely unfair that I may lose my job for something that is so out of my control, but at least I can prepare myself mentally for this happening over the weekend.

Your pharmacy is also likely to Ioan you meds whilst waiting for the signed script as they will know you and your regular meds

That’s shocking about the miscommunication between GPS and you being in a position where you are fitting due to having no medication. I would email and call the practice manager at the old surgery and copy in PALs and the most senior person in your healthcare trust and your MP. You need that medication ASAP.

Regarding you job, it absolutely sucks but unfortunately you may have to suck it up. First priority is getting your health sorted out.

OP are you in a union? If not, can you take time out urgently to talk to an employment solicitor? The reason being is your epilepsy could be covered under disability discrimination legislation.

You need to tell your employer this asap as it prevents them sacking you.

I told an ex-neighbour his condition could be a disability so he went to am employment solicitor who wrote a letter to his employer. (Yes he had to pay for the letter but the initial consultation wad free.) The employer them couldn't sack him, and he worked 3 more years before retiring and moving.

@TheOddSockMonster You’re welcome. I’m glad you got your medication in the end and hope you’re not feeling too awful after all those seizures!

Can they actually sack you though for an actual medical condition.

Yes, they can.

If any of your absences are for a reason that falls under the Equality act then they'd be in a difficult position to sack you.

No, they wouldn’t.

@MoleskinMittens Yes, I have been properly registered there for a while now. They requested a medication summary from the old GP who assured them, me, and two doctors working elsewhere, it would be sent.

Most of my abscences are covered by the EA (different illness) I think. I have a report from an occupational health doctor that states this on the bottom.

@Tistheseason17 Great thank you - I didn't know this - and I've recently moved so maybe it would have been possible, but maybe not. Good to know for the future, although I've never not had my medication before this!

You need to tell your employer this asap as it prevents them sacking you.

No, it doesn’t.

Some solicitors will give 30 mins free advice so if you're worried, OP, it would be worth putting all the information together (so you can just read it out and make the most of your 30 mins!) and run it past an employment solicitor.

You could lose your job as you are incapable of attending regularly regardless of cause.

You do have a condition which is covered by legislation, but you failed to inform them of it when you started and it only covers you for reasonable adjustments.

You still have to show up and you still have to be able to do your job.

Forget GP prescriptions, you need a referral to your consultant as your condition has worsened.

The epilepsy society might be able to help with advice, you should find out if you are covered by the disability act.

Have you spoken to acas? Epilepsy may be treated as a disability. How long have you been employed there?

Have you spoken to Epilepsy Action? They might be able to advise

The two year employment rule doesn't count if it's disability discrimination (which this could be) so you would have protection under the law.

reasonable adjustments can (and often do) include changes to employer's policy, particularly in relation to sickness absence. I'm not sure why people don't realise that.

I work in HR. I don’t think what you listed will get you dismissed as you were admitted to A&E and were definitely ill - can’t imagine a reasonable manager not showing discretion here.

However you know your sickness & absence is becoming a problem for your employer so I would talk to your manager first thing when you get back to work. Provide any supplementary evidence such as a letter of attendance at A&E if you have one. I think once your management were aware of how unfit for work you actually were, they will go easy on you. You probably won’t be fired on this occasion but you’re aware that you have a high level of absence now, and the risk is there.

Going forwards, sort this strange situation out between your old and current gps and get your files sorted. I would put in a complaint at the highest level as their incompetence has led to you having seizures due to a lack of medication. As pp mentioned, before 2 years of employment your employer can dismiss you for any reason as long as it’s not linked to a protected characteristic. I would look into if epilepsy could be considered a disability, otherwise it will just look like you have a high absence rate.

You do have a condition which is covered by legislation, but you failed to inform them of it when you started and it only covers you for reasonable adjustments.

I did tell my line manager within the first two weeks that I had epilepsy, actually.

Actually just remembered the lady from epilepsy society emailed me after I went to a talk she did at our workplace a few weeks ago - I can email her. Will look at ACAS as well.

Any good wording for talking to my boss about today? I would probably find this less unfair if it was something I had control over, however, I don't know if it's OK for me to say that.