At what point does a dreadful maternity/pregnancy/disability absence record override antidiscrimination legislation? In other words, am I about to lose my job? And is there anything I can do about it?

[MeltingChocolateMagnum]

I've got a meeting next week to discuss my absence record.

I've been there four years. During this time, I have been off

• for two 8 month maternity leaves
• for 2 4-week periods due to pregnancy-related problems
• for 2 8-week periods due to disability-related illness/surgery

They have been fairly good, all things considered, about being accommodating and supportive, but there's now very little remaining that either they or I could do in terms of 'reasonable adjustments' to make my job more manageable.

Do I have a hope in hell of hanging onto my job? Or do my appalling litany of absences now override all equality legislation?

Other than visiting Lourdes and receiving a miraculous visitation of sudden healing, is there anything else I can or should be doing? Given that my disability is ongoing and lifelong, I would be dishonest in trying to tell them that my record will improve - and I don't want to lie.

Please, be gentle.

Hmm that is a lot in 4y, although I think you need to discount the actual mat leave.
What do you think - is there anything theyp can do by way of support, conditions or flexibility that would make your job easier for you to do. Do yyou know anyone else with the same who could advise?

I am sympathetic BTw, sorry if that came across as harsh. If yu're good at your job I'd be looking at ways to keep you, while working within the usual disciplinary processes. I'd be less bothered about someone like you than someone who regularly gets "the flu" on Fridays and/or Mondays

The maternity leave should be excluded from this totally, as should the pregnancy related absences.

It is however fair to discuss how wider health impacts on your working life, so the other absences are relevant. A good employer would be coming at this to establish if these absences are related to (or exacerbated by) the nature of your employment. There may be adjustments that can be made, or alternative posts which could be offered. That all depends on the size of the organisation and the nature of your work.

You didn't sound harsh. Looking at in on paper, it does appear that I am taking the P. I've been told that I am extremely good at my job. But unless I'm there, I can't demonstrate it.

The only thing I could see that would help would be for them to make my job entirely desk-based - which would amount to a drastic change in job description. Am I in any position to ask, do you think?

Yes: the more you can demonstrate solutions the better. But you do need to think about it in the round (impact on other staff, for example).

no I don't think it looks like you're taking the P. It looks like you hvae health issues which have had an impact on your sickness record.
Yes, definitely think you shoudl ask about desk job, as long as you'd be happy with that. Would you be qualified for it / able to train up?

Have the absences been related to job stress? Only in one of cases and only partially so (I was genuinely very ill and was told I was malingering) but my line management was changed as a result and this sorted it out.

I would be qualified and able to do this as a desk job - and in many ways, probably more so than what I'm currently doing. It may have an impact on future career prospects, but I can't worry about that bit now. It would just take acres of paperwork and hundreds of committees and signatures to approve, so I would need to argue the case well. (I'm sure you'll appreciate my obliqueness - I don't want to out my workplace or area of work, despite their general kindness and sympathy)

Would it be acceptable, do you think, for me to take to the meeting a plan of how I would propose my job description to be re-written?

I think you have to disregard the maternity related stuff also, so if you say you have been there 2.5 years (4yrs minus maternity), you've had 2 8 weeks periods off.

Thats quite a lot ( think the average is down to about 5/yr in the private sector currently). Have you had any odd days off for a cold or similar?

If you worked for me, I'd have sat down with you, and tried to establish if there was something we could do to reduce the length or frequency (which actually isn't that high) through a chat with Occ health, or slight change to duties etc. I'm not senior enough to enable a massive change in working conditions, but I would happily make mods that have a minor effect on the rest of the team without going higher. That might involve the tasks which had a greater proportion of time sat at a desk, but I couldn't have made it 100%.

I'd also try to find out if these were on offs (surgery presumably was) or are part of a chronic problem, and your likely to have a big chunk of time off most years - tho I wouldn't ask directly, as I'm not sure I can. I'd also like to know if there was any way you knew you were deteriorating to a point where time off was likely to all me to start contingency planning.

Hope it resolves itself to your satisfaction.

Taking a different approach to it, would you actually be better off for your health and emotional well-being if you had a desk-based job? Having a job that you intermittantly can't do sounds very difficult and upsetting. Could you start looking around for a new post which is desk based at the sort of company that has a good occupational health team?

Absolutely - if your disability isn't going to go away, and transferring to desk based would make you better able to do it, then showing that you want to do your job well and providing solutions is the way to go.

Depending on the organisation, occupational health may be a very strong allie to you - my DH has just had 10 months off sick with depression/stress, and it was OH that got his manager sacked, made sure that he got his old role back, and supported him through the transition back to work.

So, do you think it would be appropriate or constructive or helpful to take to the meeting some notes outlining some options for how my role could be reconfigured into a desk job? Or would that be too forward or presumptuous - should I simply ask in principle if it's something they'd be willing to consider?

I think it would be a good idea to take some ideas along with you, but perhaps not present it as a plan as such, iyswim. Constructive without being presumptuous - show that you have thought about it, but aren't trying to push them into any particular direction. Especially as they may have their own plan for you which might be better (it might not of course!)

I wrote this ages ago but lost signal but I think some of the points are still relevant...

Firstly forget all the pregnancy/maternity related stuff if this is a disability issue.

The law says that reasonable adjustments must be made in disability cases to enable the employee to do their job. However, they must be able to do the job or another reasonable adjustment might be to be offered a different job with not less favourable terms and conditions.

So, you need to check firstly if your condition is a disability as defined by the Equality Act 2010. Then consider what adjustments could reasonably be considered and if that is not possible, if there is another job you could do.

Have you had medical reports/occupational health evaluations done? Have you been invited to any hearings regarding your health and ability to do the job? If not then it's unlikely anything will be happening soon regarding dismissal.

What do you think would be a fair outcome? For both you and your employer?

But you're not just 'a disabled mother of small kiddies', are you? You're also a woman who is recognised by her colleagues as 'extremely good at the job' and 'qualified and able to do this as a desk job'. I don't see why you shouldn't start looking round for new positions which are desk based, as well as seeing what you can do at your current employer.

Thanks, both of you.

Katie - I don't think moving sideways is an option as probably any other similar desk job would entail more travelling, which would remove the benefit of more sedentary work.

I've not yet been through any hearings etc - but I do suspect that's what's coming, and I'm trying to be prepared, and trying to be calm about it.

GrendelsMum - Thanks, kind words. I guess I just know that - as much as I understand the legal 'keep pregnancy and maternity and children out of it' line of reasoning (and I hope they will, too) I know that I'm very much seen my management as 'on the mummy track'. The ethos of the place still has a bit of the feel of 'what, you're pregnant? oh dear you can't really be committed to your career/our organisation, can you dear?' and a childless colleague ten years younger than me has recently been promoted way ahead of me.

But I'm going to sit down for an hour or so now and work out what I'm going to say at the meeting.

Deep breath.

Next question: part of the reason behind my absence has been my disability itself, and part has been depression related to the limitations imposed by my disability.

Does this make a difference? Do I need to tell them?

I work in an area well-known for its negative attitudes towards mental health, though I do think the individuals I'd be dealing with might be alright.

Why do you need to tell them? It's as a result of you being disabled, isn't it - therefore it's all under the heading of "things relating to your disability" and doesn't need to be differentiated out, I don't think. Certainly if it's going to have a negative impact on your situation I wouldn't bother unless they specifically ask you, in which case I think you'd have to tell them the truth.

If they start on at you about your maternity leave, just tell/remind them it's inappropriate to discuss that as it is not related to your health as such and they have an obligation to allow you to be on maternity leave.

anything pregnancy, maternity and disability related have to be stricken from consideration AFAIK.

if they are calling you in to discuss alot of non related absences then they may be able to speak about them in relation to overall time working. I know in my last job i had a number of absence periods for miscarriages and separate absences for kidney issues connected to a lifelong condition i have and because they were aware of the lifelong condition they had to treat it under a section of the disability discrimination act and they had to strike them from any potential disciplinary related records.

i would speak to the employment law people and maybe inform your union (if involved in one) just to find out your position though.

this is a difficult one, because you don't mention your ill health issue, only the depression/stress related to it, we don't know what you do, but I think for no other reason than I work in it and you seem to have a OH, although that said if they where thinking of giving you the boot, you would have been a frequent flyer for the past 4 yrs, so would be aware of what we do.
basically ignore all maternity stuff as the others have said, and you are not a terrible employee, given what you have said.
but also given what you have said I need more details, you have had 2x8 weeks off in 4 years for none pregnancy related problems, so why would you need redeployment?

NoMoreMarbles - It is my understanding that the company have to make reasonable adjustments for a persons disability, but that if ultimatly and despite that the job cannot be done by that person, then they could be dismissed.

hive yes thats understandable that if a person was unable entirely to do the job they are employed for then discussion would be needed as to what to do but the disability discrimination act means that they cannot by law dismiss a person because of their disability but have to reasonably try and find a way that they can provide a job that will not have worse benefits to the worker and will help accommodate the business needs.

Yes, but if they have done everything reasonable then the person can be dismissed. Obviously the employee could then challenge that if they disagreed, but a company isnt obliged to emply a person with a disability indefinitely who cannot do their job despite all reasonable adjustments.

Mind do a good fact sheet on equality legislation here. Would need to discount the maternity related absences and be sure your condition meets legal definition of disability.
Two other thoughts: would be good to track down your employers' written policies on absence, sickness etc and have to hand; and also are you in a union and/ or does your organisation have employee assistance eg an outside advice helpline?
Must be stressful for you- I hope the meeting goes well.