In shock - I’ve just been sacked

[Zofloramummy]

I’m a single mum with a mortgage. I’ve worked in the NHS for 21 years. I’ve had a really shitty few years, left an abusive relationship, struggles with my mental health and had an accident resulting in several fractures.

I have had three absences since my return from long term sickness (flu, D&V, and a horrendous reaction to antibiotics).
I went to the third formal sickness interview today and I’ve had my contract terminated.

I’m in shock I think. They’ve applied the policy to the letter so I doubt there are grounds for appeal. After years of service and being burnt out by the demands of the job I’ve been sacked.

Not sure why I’m posting I think I just need to hear some positive stories of people who have come out of the other side of this. I don’t think I want to work in the NHS any longer. I’m trying to see this as an opportunity. But I’m scared too. Not sure if relationships is the right place to post, but any advice would be great.

So this is the 4th in less than 12 months? It's confusing. Did they put you on a formal absence plan, did they give you reasonable notice for the meeting and adjourn it before making their decision? Did they make reasonable steps to get you back to work fully fit. They can't expect you to go from say 50% attendance to 100% without a middle target eg 60% in three months 80% in 6 etc. Have they definitely followed policy

I’m so sorry. I hope this is the start of something better for you

So sorry to hear this OP, Im shocked at the way the glorious management within the NHS treats its staff lately.

My best friend is 8 months pregnant with 1 dd, she's had horrific SPD to the point i've stayed in her house and taken her dd to school with my ds as she couldn't get out of the bed. I took her to a work interview today with someone from HR and she came out in tears. They have told her to start her maternity leave from today she will get 9 months but after that she has no job to go back to.

@buddahbelly surely that's illegal?

OP, so sorry to hear this. It must be such a shock - hopefully in the long term it'll turn out to be the best thing that happened to you.

I work for an employer who gives you a warning if you're off twice in two years. I was off Jan 2017 and July 2018 - luckily my manager last July said Jan 2017 didn't count as it was actually the first day of a new contract for a different job with the company! Not sure my present manager would be so obliging.

I am so sorry to hear that OP. And I have known people sacked in similar circumstances in Local Government. I don't think many people realise how heavy handed some public sector managers are. In terms of what you do -

1. Be kind to yourself initially. You will be angry, upset, worried, that is natural.
2. Register for unemployment benefit. You will have to complete a form explaining why you were sacked and a decision will be made as to whether you will receive benefits. Don't assume you wont get them.
3. Yes you can come out the other side of this. But might be an idea to do some voluntary work that you can use use as a reference.

That sounds astonishingly awful. I’m so sorry. If they’ve applied the rules to the letter, I imagine there is nothing you can do. I would talk to acas though.

Dh is now is a couple of weeks down the line of no job having been dismissed after a similar length of service. He wasn’t sacked or made redundant and he did nothing wrong. I am disabled and don’t work so he is the breadwinner for the family. He is feeling so much happier in himself as it’s been very stressful for the past few years.

You will get another job. In the meantime, do you have enough savings to take the next week or so to relax and enjoy the sunshine and your dd then start looking for work? In a way it has also worked out perfectly for dh as he’s got the summer holidays with dd.

mrs2468
I also think that is illegal. Wow.

Don't get employment law advice on here. Go and see a solicitor or ring ACAS. You'll get a lot of armchair wannabe lawyers mis-advising you on here.

I also think that is illegal. Wow.

See what I mean.

So sorry OP. I'd chat with ACAS to check they've followed procedure. Temp work is also good for getting references, especially if you manage to get a long term temp contract eg to cover maternity leave. In the meantime yes claim jobseekers - they may give it you even after dismissal. Worth a go.

@flashz I'm making a comment about thinking something is illegal I'm hardly giving advice. But you bash on

Yes it is a great turning point for you, but you must ring ACAS - what if they give you a bad reference? What if you have been unfairly dismissed and you just accept it? ACAS first, then a sigh of relief. No one is going to make you return to a job that's in the past but you must ensure that these arseholes employers haven't jeopardised your future.

Hi OP

I was sacked from my job in 2010 after just over 22 years of service, local government. I've detailed before what went on so I'm not going to go into it all again. Slightly different to you in that I appealed against the decision and was reinstated but not to the role I was in previously. It was left to me to find another job for myself in the civil service and I was given 2 months notice in which to do so otherwise I was out completely.

Giving you a positive spin, I did find another job right at the end of that two month period but it was getting desperate. I took the job because I had to and probably wouldn't have applied for it if I wasn't in the position I was in as it was totally out of my comfort zone and wasn't something I had ever done before. I took a £17k pay drop and lost a week's worth of annual leave due to the drop in grades.

However, we are now 8 years on and I absolutely love this job. I would never have made this move if I hadn't been pushed into it but it was the best thing to happen to me. I now work with people I like rather than tolerate, I've learnt so much and have taken on a huge amount of responsibility in areas that I wouldn't have even known about before. I adjusted my living expenses but thankfully we paid our mortgage off during the last 8 years so that has helped but before then, I just had to cut back on spending and I managed.

It was a massive shock to me when it happened even though I knew it was likely (it was 4 days before Christmas!) But I have definitely come out the other side in a much better place and I'm sure you will too. Good luck!

I would get legal advise but think they can do this unfortunately. I've been ill a lot in past year and you are totally at the mercy of having a nice employer. Maybe worth looking at benefits for the interim - don't normally pay much but every bit helps. Let your bank know if there's any danger of not paying the mortgage - they may help.

I would consider what you want to do and examine all options including retraining. Sometimes it can be a blessing in disguise and you end up much happier. Temporary contracts can be a faster route back and often they get extended and even if not gives you another reference.

As a user of the nhs ide much rather you stay at home with d&v. Can anyone else say otherwise?
The nhs is in a shambles and that is how they treat their workers?

I've heard that the NHS are VERY non-compassionate towards sick staff. I would fight it OP, go to the press if you need to. I hope you find something less stressful illness inducing in the short term.

And you know all those threads asking why people go into work although they are ill, this is why.

You need proper employment law advice. Though, given the competence of most NHS HR depts., there's a fighting chance something was cocked up.

Have you got a copy of your trust's sickness policy? I note that ours has a clause where an absence for d&v can be exempted if it can be demonstrated that it was probably acquired at work?

I’d echo what nocool says! Get a solicitor to check everything out as my friend got unfair dismissal as HR hadn’t followed their own policies. She has had a year off and is now back in her old job in the same trust

I'd check on the legalities of this, not least because you might get quite a bit more money from them.

sorry this has happened to you

What a shitty shock, I’m not surprised you feel angry.

As pp have said, get legal advice.

Hope your health improves.

I've heard that the NHS are VERY non-compassionate towards sick staff. I would fight it OP, go to the press if you need to.

Don't go to the press OP. The public are in general very unkind when it comes to public sector staff and illness, especially where mental health is concerned. You'd need a very thick skin to deal with the feedback if you did.

It's a brutal procedure, but assuming it's been applied by the book it is lawful. Similar cases have gone to tribunal, including the need for reasonable adjustments, and the limited funds available to the NHS are a valid reason to apply such a strict/ non flexible process in terms of capability and RAs.

Are you fit for work at present OP? If not you can claim ESA rather than JSA or Universal Credit. Because you have a mortgage you won't receive any help with housing costs for many months, but you may also be able to claim council tax support.

Take care of yourself. There is definitely life after the NHS.

It’s not too late to join a union for advice.

I can believe it. I used to work for the nhs and I’ve heard managers tell staff that if they have any more time off they will likely be sacked. When asked what if they had d&v they were told they had to come in if they wanted to keep their job! This was a front line nurse looking after poorly people who had a documented, physical chronic condition which had caused a couple of episodes of sickness and then broke her leg! She was sacked soon after as she broke her arm!