to ask if there’s no way of working if you’re being investigated with a health problem?

[OrlaOh]

I have been in my job for 18 months and I’m currently under investigation (medical) for some issues I’m having. I’m off sick every couple of months for a couple of days (on average) which is terrible, I know. However, I really don’t know what I am suppose to do. I can always provide doctor records/hospital records which they have appreciated and definitely been more lenient with but I just know they dread me calling and obviously probably all hate me there and this time there was only 3 weeks between my sicknesses!! 😥I always offer if they want me to do anything from home (it’s an empty offer as I know my job just doesn’t have anything suitable) but I never need any adjustments when I am at work etc. but obviously I am not sure what to do. Can you just not work if you have an ongoing issue (that’s been investigated) and that requires you to be off every couple of months? I really need to work for obvious reasons but this isn’t a disability and nor is it an actual diagnosed health issue! It does feel the result is no job and just waiting for answers which seems horrible. How flexible are employers with a case like this? As I say, mine have been quite reasonable (although a bit firm/harsh at time) but I am obviously still in a job despite having a Bradford score in the thousands but surely they won’t put up with this continuing

Can you just not work if you have an ongoing issue (that’s been investigated) and that requires you to be off every couple of months?

of course you can be off if you can afford that - but you wouldn't qualify for benefits if the reason is a few days off every couple of months.

Would adjustments at work help to minimise the time off? or maybe changing job to a role which is more accommodating? Can you work in a more flexible role where working the time back is possible. If you can share what the issues are and what sort of role you have, you may get some more pointers as to what you could do. Difficult to give specific advice otherwise.

Maybe do a bit of research into how hard it is to get disability benefits in this country. And how much is paid. That may shock you into staying at work.

If you can afford to go off work and support yourself in a different way then that's fine I guess.

Staff need sick days employees know this. If you are providing sick notes you are safe in your current job but leaving them realising you need to go back to work may be a challenge as future employers will know your number of sick days

Is there anything that would help you be able to work instead of needing that many sick days? Any adjustments they could make? I’m not sure you’d get signed off for benefits if you’re fine to work the rest of the time.

Actually OP this does sound like it’s covered as a disability under the Equality Act. You have a health issue which is impacting your life in a significant way and has lasted longer than 12 months. You don’t need a diagnosis.

I’m currently not working due to health reasons and am in receipt of ESA (Employment and Support Allowance). Maybe you could look into it? I have a recognised disability though so that may make a difference but it might be worth having a read around it to see if you’re eligible?

It’s only £320 a month though so you need to take into account whether you could live without a regular wage coming in.

Could you negotiate to catch up on missed work when you are well, so your output doesn't suffer?

I think that employers can dismiss on grounds of poor health (even when genuine) if someone isn't able to perform their duties. Employers have duties to offer reasonable adjustments, but that doesn't mean jobs are totally safe.

Is it the kind of job where you could be freelance or bank staff? Though even in those jobs you need to be reliable if rotas get messed up or work isn’t getting done.

So long as every absence relates to the same condition then you may well be protected under the disability act. Obviously without a diagnosis then it is harder for you to fight if they do start trying to push you out but you should keep working and fight your case if it reaches that point.

There is certainly case law around endometriosis and menopause related sickness under the disability act.

If they haven't put you on any kind of formal sickness management process yet then they probably won't sack you. They would have to go through a process.

Oh really? I’d like to think there is some protection out there because no, I really don’t want to quit work! Sorry if my OP made it sound that way, that’s the last thing I want. I’m aware benefits wouldn’t come close to my salary and I live alone! It’s so hard because I’m genuinely only going off when needed and doing everything I can to figure out the issue. It’s an issue relating to my bowel, I’ve had a colonoscopy which was shown as normal… but they’re still investigating and I’m now finally under the hospital.

Could you arrange to have a flexible contract where you work an average of 3 days a week across the year but that is performed as and when you are able so that in weeks when you are healthy and have no appointments you work full time and in weeks when you can't work you don't, but you aren't using sick leave?

You don't need a diagnosis to be considered disabled or to be protected by equalities law and being ill so regularly is clearly a disability. Employers are required to make reasonable adjustments for disabled staff but are not required to employ or pay someone for a role they simply don't have the capacity to fulfil so you need to think about what employment setup you do have the capacity to fulfil and ask for that as a reasonable adjustment.

You can still be dismissed legally for sickness absence even with a disability.

https://www.nockolds.co.uk/dismissal-of-disabled-employee-on-long-term-sickness-absence-not-discriminatory/

You need to request a workplace assessment and OH will recommend reasonable adjustments. There may be things they can do to help you remain healthy at work. I don't know what the reason is you are taking time off - fatigue, bowel problems, pain etc. but all of these things can be accommodated in the workplace with reasonable adjustments (extra rest breaks, extra toilet breaks, change in duties, etc.) Part of reasonable adjustments could also be treating sickness due to an ongoing health condition separately from the regular sick day entitlement.

Thanks for linking this. People don't understand that, especially in a small business, even having a disability isn't a complete protection - the key is regarding "reasonable" adjustments, and if these don't solve the issue or impact on the business too much, you can be dismissed.

So have you had a conversation with your work about what reasonable adjustments you could have to be able to continue working when you’re ill, or to need less days off at a time? What would be useful for you?

Is it possible even if not ideal to work when suffering the symptoms? I had a lengthy period of gastritis this year which meant that I was vomiting a lot but once I realised it wasn’t norovirus and I wouldn’t infect anyone, I still went into the office and worked as best I could. Appreciate if you are something like a teacher or have a role where you can’t have free access to a toilet that’s trickier with bowel issues though!

Does your employer have an occupational health department they can refer you to?
is your health condition covered under the disability legislation?

I've worked with colleagues who were on dialysis 3 times a week, in treatment for cancer, had severe rheumatoid arthritis, Crohn's disease, brittle asthma, you name it - they all continued working to the degree that they could manage, and our employers (and the rest of us) made the best of it.

If you have always been a person who shows up 100% of the time, I know it feels awful to suddenly be unreliable. I lived in fear of HR during the toddler years when I had to call in sick repeatedly for 12 months, but eventually things improved and I became reliable again. You are in a flux stage right now, while they work out what is going on, but once they find a cause (or you find a way to manage the flare ups) things will be more stable again.

The OP says her issues cannot be classed a disability.

There are two parts to this question though - firstly yes of course you can be dismissed for sickness if it means you can't do the job. Employers want someone reliable and you're not reliable, reason for that isn't relevant. They will have to follow their processes though, but if you've only been there 18 months they can let you go for any reason assuming it's not discriminatory. The disability thing really needs to be clarified.

Do you want to keep this job though? Of course it's possible to work with an ongoing illness or disability. But you might have to go self-employed, freelance, contract or something more flexible.

I had a similar issue before I got diagnosed with chronic fatigue. I’d get exhausted from full time work every couple of weeks and have to be off sick but I couldn’t get any extra adjustments because I didn’t have the diagnosis. My employer was very good for a long time but it got to a point that I couldn’t have any extra allowances because I didn’t have the bit of paper proving I was ill.

the best thing I did was go freelance so I can WFH full time and set my own hours. If I go into full time employment again I’d feel better prepared now I have an official diagnosis, but I wouldn’t work anywhere that didn’t have remote working at least for the majority of the week. Can you request to be set up to work from home? Do you have the sort of job/skills where you could look for a remote job? It really did make a massive difference to my quality of life. If you can’t, then I think unless you have an official diagnosis it is harder to get adjustments at work. Have you been referred to occupational health? They can also make recommendations.

What @Eatbetterthisweek has written and I know because I was dismissed with my disability. I was fully aware of the act because in a previous job I was responsible for implementing grant money my workplace received to assist in covering changes because of the DDA.

The disability discrimination act does not mean they cannot sack you. I have a condition that started in my late forties covered by this act and my workplace was great and we tried reasonable adjustments. However ongoing issues meant that after a long period of sickness I was retired early through ill health. I was 51 when this happened and the process took just over a year.