Disciplinary for being ill? Help !!!!!!!!

[alis74]

Hi,
I wondered if any one can help me, I am so so upset and dont know what to do. Suffice to say my manager and I had very frank supervision the week berfore I got ill. I simply asked if I would ever be promoted for the extra work I had done. The firm is IIP silver and really into reward and recognition. My manager was really frosty with me from that point onwards (after telling me that she had never built my hopes for promotion and the firm doesnt work like that) and when I called in to say hi to my collegues and hand in my sickline she ignored me. She has never once asked how I am in 5 weeks and quite frankly I could have died.
Anyway I now find myself in an utterly scary situation and dont know what to do, but here goes;

I have been off work sick since November 9th 2011. I started to have seizures and as yet they are not regulated and it is most likely that I have stress related epilepsy /adult onset epilepsy.

I was intially given a 2 week sickline from my GP, which was followed on Nov 23rd by another 2 weeks sickline, culminating in a sickline posted on Wednesday 7th December for a 4 week phased return. My nuerologist has started me on epilepsy drugs which will be rapidly increaded over the next few weeks hence the phased return.

Today (saturday 3.15) I had a letter from my work which I was to sign for, the letter (dated 7th Dec) invited me to a diciplinary meeting on Thursday due to inconsistencies in my sickline. The only thing that I can think of that is inconsistant would either be my doctors description which I think said seizure on the first and seizures on the second or the fact that my mother ticked a phased return box, which was an option that would allow my return and increase my medication at once.

Needless to say I felt very sick at the receiving the letter and am really upset. I will speak to my GP first thing on monday morning about the disciplenery.

When I got my new sickline on wednesday 23rd I called my work as I was due to start back on Thursday 24th, I told them that I had been given a new line and that the doctor had ticked 4 weeks phased return and altered hours. I asked them should I come in the following day anyway? They asked me to read what the doctor had wrote. I read it out and I was told not to come in until my manager contacted. I heard nothing from my manager and instead received this very formal letter from HR today.

When I posted my line on Wednesday evening I also posted my drug regeime and thought maybe that is why I had not heard from work. In reality it seems they had sent this letter even before receiving my doctors letter.

I am unsure what to do on Thursday, it is unlikely right now that I could face a disciplinery, as I truely am not well, and do not want to embarrass myself by having a seizure in front of them, if I get my doctor, nuerologist or epilepsy nurse to explain / write to my work would this suffice? Or by not attending will I be sacked?

I really feel for you. I don't personally have experience of this but my dad had something similar happen to him when he was signed off for mental health problems.

Definitely see your GP and explain about the meeting. I don't think you should attend whilst still ill but you obviously need to acknowledge the meeting and have evidence of why you will be missing it from your GP. For my father, keeping records of his sick notes and keeping the GP informed was crucial in helping him 'stand up' to his company.

You cannot be sacked for long term illness. However you must keep the company and your GP involved at all stages. Remember that any disciplinary action has to involve more people than your immediate boss which will count in your favour as they won't be biased against you.

I hope you feel better soon, and try not to worry about it until you've spoken to your GP.

You cannot be sacked for long term illness

I'm sorry to say that this is wrong. The firm can do this if they have fully followed disciplinary procedure under capability - ie you are not capable of doing your job :(

I say this as someone off sick (so far) for 13 months from a v large company. Definitely make sure that you attend all meetings, even if this means that they have to visit you at home to ensure your safety - ie no driving with uncontrolled seizures etc. You would be entitled to have a representative with you at the meeting.

Have you had time off sick before as it could be that they are linking completely unrelated sickness absences together and taking from that whatever they are now calling the meeting from.

What is your sickness policy in your company?

It is easy to say I know but I am in the same position as you remember, your health is the most important thing ATM. It has taken me some time to realise that and tried a couple of times to go back too early before I'd even got a diagnosis.

Take care. x

Sorry if that's wrong advice - I was only going by what the GP told my father but obviously if you're going through it as well you probably have more direct information on this.

I think you just need to go and understand their queries, and explain. If it's genuine then there shouldn't be an issue. Most companies will also have a policy for long term sickness which will involve regular meetings and contact.

Unfortunately you can be sacked for being ill, as long as the employer follows proper Capability process.

You need to make sure you meet all your obligations re sick reporting and process, and keep your employer up to speed with whats happening with you.

What absence policies does your employer have? Have Occupational Health been in touch with you? They can be really helpful in these cases.

Most employers will be as helpful as they can in the circumstances you have described - I'm not sure if the seizures you describe would mean you are covered under the DDA? That might be worth exploring.

What has your attendance like prior to this illness - that may have a bearing on this too.

I hope you cndition is controlled soon.

Is not just procedural to discuss your fazed return. I had swine flu and then developed some secondary infections so was off for three months and was written to and invited to a disciplinary meeting about my sickness on the return to work date, they were previuosly return to work interviews but policy changed and all sickness is treated as a disciplinary but often resolved with no action. My boss did call me and warn me the letter was on its way and not to worry about the disciplinary as he would obvioulsy be recording genuine sickness no action required.

Thank you all for your replies.
Prior to being in I had been off for 2 days due to a chest infection. I had been there for 18 months.
The letter clearly states inconsistency in sick line, almost like I made up the line. The box for phased return was ticked by my mum, I was so ill at the time and just let her. However my doctor backed me up in the following stating that with the quick increase in my drugs (I'm to go up weekly rather than forthnightly to get me to the maximum dosage quicker) then he would rather I had a phased return.
I am so annoyed at the whole thing, stressed to the max as I feel they are pushing me out. I will see my doctor tomorrow and I will take the advice you have given and attend the meeting. Thank you all so much for your replies xxx

are you a member of the union as if so you can take a union rep with you if not you can take anyone else with you also, it would be a good idea to just so they can write down what is being said as in these situations it is often easy to either misunderstand or not take in everything that is being said, especially if you are feeling stressed or nervouse. hope it all works out for you.

if you do take someone else I would inform them in writting you intend to take someone with you.

Please see your GP first & get him to write a letter to cover all the periods of the sick notes as a back-up to what he has already done.

If you can get someone to drive you in & feel up to it go to the meeting but I'd second the suggestion upthread & request that they come to you if you are not up to it.

Also don't go alone as festi said get your union rep or a friend to go with you (your letter from work should have offered you that) & take notes as we all miss things said in a stressful interview.

Good luck.

I think you should also go to the direct.gov.uk website to find out your basic statutory rights in this situation, as that might provide you with more certainty in what to do.

Please don't go assuming that the inconsistency is what you think it to be; it may well be something else. Given the relationship you describe with your manager, I'd say you should wait and see what they say before proferring your background story.

Should you attend the meeting get confirmation of how you will be informed of the discussion and its outcome. If at all possible, have your accompanying person take notes of salient points which you should then summarise in an email or letter back to them if mgt do not provide you with thease.

Does the company know that the sick note was altered after the GP had signed it?

Is the meeting a formal hearing or is it in the investigation meeting? Have they provided you anything as to what their concerns are or what evidence they are going to present for discussion? If it's the hearing I would suggest you ask for this prior to the meeting otherwise you have no opportunity to prepare.

Educate yourself as to their sickness and disciplinary procedure and if they have 1 their capability procedure. Disciplinary covers an issue of conduct capability covers issues of can't do but where companies don't have a capability procedure they do tend to manage absence issues under disciplinary. If the reasons for your disciplinary meeting are just listed as relating to supposed inconsistencies then they cant discipline you in that meeting for your actual sickness absence from work. HOWEVER my concern would be about the phased return issue What was the reasoning for your mum altering the sicknote?

What is a sick line? I don't understand.

Have you been given copies of the sickness and absence policy? And what does your most recent sick note say? Does it say you can be in work?

Have you spoken to your manager since you became ill?

KF I suspect it is the same as a fit note, formerly sick note.

Ah it was the line bit that was confusing me. And why the OP's mum might be writing on a fit note?

No, the company does not know that my mother ticked the box, thereby altering the line. I can only guess this is what the inconsistency is about.

My mother ticked the box as the day before I had been given my new drug regieme which was very intensive. Even at that stage I was adamament I was returning and she had advised me to speak to doc about a phased return. I didnt as tbh I felt so ill and when I saw him was more concerned about what was happening with my health. I honestly forgot to ask.
In my recent sicknote the GP states that he strongly recommends a phased return and talks of my drugs and condition. He also asks my work to contact him if they have any questions.
When I started I saw the policy but I no longer have a copy, I am not in a TU and dont want to ask a co worker as it is a very tightly knit place, I'll have to go alone. The letter doesnt make any mention of bringing a friend for support.

Are you still signed off work?

"The box for phased return was ticked by my mum, I was so ill at the time and just let her"

Actually thus would bother me - only a Gp should be filling in the fit note and if the company found out he didn't then they would have grounds to query it.

Did the doctor tick the box 3 marked you are not fit for work or the box 4 marked *you may be fit for work taking account of the following advice"? That is before the box with options including phased return.

See image here: www.hazards.org/workandhealth/fitforpurpose.htm

Why on earth was your mother messing with the fit note?

Does your GP know that your mum altered the note?
This could be a big deal if either your company or GP become aware of this. Why did your mum think that that was OK to do?

If it the actual hearing you have the right to be accompanied I would call them tomorrow querying this and getting your hands on the policies I mentioned

Your mum ticked a box on the sick note. I'm sorry this is forgery. Can you not see how serious this is? If I was your employer, I too would be narked.

An employer has a duty of care and to ensure their staff are safe at work .If you have a long term condition they need to show they are taking all reasonable steps not to aggravate your condition if at all possible .You do need however to play along with this.You must give all medical evidence to them so that they are able to assess what if aything they can do to help. I have know people off with a condition for a year or more -pay stops but they are still employed.I also know of being dismissed on the basis that the employer has done all possible but employee still cannot do the job .Do check their policy: they should allow additional time off for the long term one but the other flu, infections may attract a warning.

Hope you are doing OK OP. Have you decided what you are doing tomorrow?