Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

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?

34 replies

MeltingChocolateMagnum · 26/05/2012 12:36

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.

OP posts:
heliumballoon · 28/05/2012 03:59

Also EHRC has info and advice here.

MeltingChocolateMagnum · 28/05/2012 17:29

Thanks. Good to have further perspectives.

Yes, this is my ultimate fear.

Whereas I do think my role could be reconfigured into a more desk-based job, it's whether I could persuade them of that. Hmmm . I mean

  • it wouldn't negatively impact upon colleagues
  • it would impact upon the organisation and management only to the extent that the reconfiguration of my role would create a lot of meetings and paperwork (but then of course, trying to get rid of me would surely create even more meetings and paperwork)

But I think you're right to suggest leaving the depression aspect out of it. From what I can gather from the legislation, the EA probably may not cover me as it has never been formally diagnosed or treated as such - except in as much as my GP and consultant being empathetic in saying that 'yes it's understandable given what you're going through that your mood is so low', which I'm guessing doesn't really count. No need to mention it, I think. The depression doesn't come into the difficulties I have with the physical aspects of the work, or only very minimally so.

My other wondering is - if it looks as though they're going to refuse all 'reasonable adjustments' and are intent upon getting rid of me (and we're a long way from that, I accept) should I just offer to resign and volunteer myself to them on an unpaid basis? Obviously I'd prefer not to do so, but in the midst of recession and in the absence of other opportunities - this seems like it may be the path of least resistance, and one which keeps my CV ticking over. Or would I be mad, mad, mad to suggest it or even to agree to it?

OP posts:
StealthPolarBear · 28/05/2012 17:32

Noooo! Imo if they want you they pay you! You seem to have a very low opinion of your worth!

MeltingChocolateMagnum · 28/05/2012 17:42

You're right: I do. Thanks for reminding me Smile

However (again, sorry to be vague but I need to avoid an identifying details) my work record will carry its weight on my CV irrespective of whether I'm doing my job on a salaried or voluntary basis. Whereas my gut response is also one of 'pay me or piss off', I also feel as though I would be 'cutting off my nose to spite my face' to refuse unpaid work which might preserve my long-term career prospects.

Hang on - child screaming dowstairs. Will be back.

OP posts:
PrematurelyAirconditioned · 28/05/2012 17:52

Look, this is incredibly illegal, and unsisterly but are you planning any more children? If not, could you signal that in some way? If I were an employer, the level of compromise I'd be prepared to make would be influenced (illegally) by whether I feared you were about to have another 4 weeks pg-related sick leave and 8 months maternity leave.

In any case I think some proactive suggestions for workable adjustments to your job description sounds like an excellent idea. But if they do play hardball then don't just roll over, hold out for your rights - remember that they didn't pay your maternity pay, I did (speaking as a token tax payer).

StealthPolarBear · 28/05/2012 18:16

hmmm...then if you're weihing up the benefits for you and deciding to do it then that;s another matter. I assume you work in a clinical role?

MeltingChocolateMagnum · 28/05/2012 19:14
OP posts:
PrematurelyAirconditioned · 28/05/2012 19:49

Ah well, just steer well clear of the topic then and erect large Chinese walls between the maternity issue and the disability issue.

Very best of luck in finding a solution that works for you.

sadsac · 29/05/2012 22:00

Not an expert but do have some experience of occupational health.

Sometimes it's in the sickness absence policy that if somebody has had x incidences of absence in a certain time, they are called in for a meeting. So it may just be procedural.

Also, as I understand it, being covered by the disability terms of the equality act is not necessarily about having a diagnosis as such. It's about the length of time you've had the condition, to what extent your daily living activities are affected and various other factors.

An occ health assessment would be able to guide you about whether you're likely to be covered. They would then suggest possible adjustments to your role to enable you to cope - whether temporary or permanent changes or redeployment. These are suggested to management who can then see whether it's operationally possible.

If you have the option to see occupational health, I would advise taking it.

Best of luck with it all.

New posts on this thread. Refresh page
Swipe left for the next trending thread