Sickness - can my son be sacked ?

[DesperatelySeekingHelp]

My son has been in a job he loves for 9 months. He is really good at it and they really value him as he is really fast and good at what he does.
However, since he started he has developed horrific stomach problems. He has been off sick on and off quite a lot in nine months. This last bout has been particularly bad and he has been off for about two and a half weeks. They have a non work from home policy but he has asked if can work from home as he just needs to be near a toilet. He can’t travel in on tube as he has soiled himself about 3 or 4 times on tube.

anyway he has a Gastro appointment today and he will have a colonoscopy in two to four weeks.

he has asked again if he can work from home until appointment comes through. This way the company gets the work done and his mental health doesn’t deteriorate whilst at home.
they have responded that he has a teams call with HR tomorrow.
can they sack him ? He’s not had any official warning letters etc.

Well, it has to be long term, which means that it has to have persisted for at least 12 months, or be considered likely to persist for more than 12 months.

Well they could, whether it’s advisable or whether they will or not is not clear.

I wouldn’t be automatically jumping to assuming dismissal, they may be wanting to refer him to occupational health and just discuss his absence.

I would advise him to be as open as he can about his health problems

Sorry he doesn’t have a diagnosis as yet as he hasn’t had colonoscopy yet. However he does have ADHD which is a protected condition.
I totally understand it from the employers point of view and I really hate shirkers but he is genuinely poorly and really wants to be working.

@DesperatelySeekingHelp don't bank on the disability element.
The legal definition of disability requires it to be long term, generally taken to be 12 months or more. The meeting may well be a warning that his employment is at risk given the large amount of time off in only 9 months.
His health has to be the priority to resolve though. Once he gets better he can always get another job if it comes to it.

OP says “They have a non work from home policy” which IMO makes it unlikely WFH would be deemed reasonable. You never know though.

Depends really on whether there is reason to believe that the condition would be likely to persist for longer.

There is no real way of testing this other than going to court. As an employer, I would be erring on the side of caution.

@DesperatelySeekingHelp the “advice” on here is wildly incorrect i suggest you look at citizens advice website which tells you what you need to know.

I don't think the adhd will give him any protection if the absences aren't related to this. The protection would only apply to any absences related to the adhd.

His ADHD is irrelevant to this though. The only way it would become reliving would be if either it was related to his bowel condition (seems unlikely) or if they were to decide to fire him because of his ADHD (also very unlikely).

Don't fall into the trap of thinking that because he has a protected characteristic he can’t be dismissed for something else.

Failure to make reasonable adjustments is unlawful discrimination in its own right.

I don't see how ADHD is relevant to the scenario as described.

Honestly they can simply tell him he's not a fit and get rid of him. Obviously they won't tell him officially it's because of his stomach issues.

As a fellow stomach issue sufferer, he has my sympathies - often they find nothing and you just have to put up with it - awful though, I have the T shirt!

Good luck to him, and hope the employer is fair minded.

Sadly, and I say this as a digestive issue sufferer, a diagnosis won't likely mean a quick fix.

Once the delicate balance of the gut goes awry, or its motility goes pear shaped it can take a long time to get better, and maybe never fully.

Most gut disorders are chronic conditions that are hard to part company with.

Its grim to consider, but adult diapers such as ID pants are really good - as I say above, often there is no quick fix to gut problems, so you have to put in place countermeasures to carry on with day to day life - because it might be that way for a long time, especially as if its non life threatening you wait forever for attention, and even then its a slow process.

It sounds as if he is likely to be covered by the Equality Act 2010, as he is probably going to be diagnosed with a bowel.problem, such as IBD, which is specifically mentioned in the Act, as an example of a condition which has, or is likely to, affect him for 12 months. If there have been no meetings/ warnings, it sounds as if HR are fully aware of their responsibilities under the Act. I do hope that your son gets a diagnosis and some clarity about his employment position soon.

If the colonoscopy identifies inflammatory bowel disease then for many people medication can put them into remission, especially when diagnosed early.

Actual legal firms indicate that discrimination protections start from day one of employment.

However, he's been ill for less than a year, so he might struggle to demonstrate disability, as a disability has to have lasted for, or be likely tolast for, at least one year.

Unless the protected condition is the reason for the absence this is irrelevant.

Is he a member of a union? I’d call ACAS and get some proper advice. There are lots of helpful and knowledgeable Mumsnetters but it’s hard to tell which posters they are sometimes in among the less helpful posts.

I'm sorry to hear you have to go through that. And I don't doubt it must be awful. My friend is coeliac and it's really hard for her. And I know there are loads of other ones that have lots of bad symptoms. And no 'cure'.

I hope the son does manage to get help so at least the symptoms are improved and he can get back to the work he enjoys. Though he may need adjustments. Rather than being let go.

Same, I’ve suffered for years yet no diagnosis.

I do sympathise op, I get a pain to the left of my belly button and know I’ve got a couple of mins to get myself to the toilet or i’ll soil myself.

Just to warn you, all my tests and colonoscopies have come out clear. Luckily it’s settled the last few months and I haven’t had a flair up for a while.

I wish your son all the best, I know how debilitating it can be x

Thank you for taking the time to reply everyone. I really feel for him. He’s incredibly stressed by it all which obviously doesn’t help his stomach problems.

He can be but only after they have shown that they have tried to help

Absolutely agree. If he does get sacked, certainly speak to ACAS as he would surely have grounds for unfair dismissal.

As he does not have a diagnosis, there is currently no disability - or are we all allowed to self identify as being disabled now?
Ultimately yes, he can be dismissed. Morally should he be? That’s a whole different issue. There certainly should be an absence policy that needs to be followed which by the sounds of it hasn’t happened in this case, so one could argue that he is being treated unfairly (no return to work meetings etc).
OP, is he in a Union?