On final warning advice needed

[KissMyFatArse]

Long story

For past 4plus yrs I have had problems with my liver etc. have had repeated periods of sickness due to this over the years and have been referred to occ health who have been great and confirmed to my employer my absences are covered under the DDA? Act.

I had a couple operations before Christmas and as a result my work have given me a final capability written warning staying that if I have anymore absences relating to my illness then it would result in dismissal.

Approx 3-4 weeks ago I had another flare up and was taken to hospital by ambulance on 2 occasions. The most recent when I was actually in work and they called 999.

However as I was in work when I became ill it's automatically started the sickness disciplinary procedures again.

My doc has signed me off work for 2 weeks so far and I am now dreading going back as this is when they can formally start the disciplinary and potentially sacking me.

The company use the Bradford score to determine how they proceed with sicknesses incase this matters.

Any suggestions on what my rights etc are? any advice would be great as I am really panicking now x

According to the NHS website:

'What to tell or ask your employer
There are good reasons to be honest with your employer about your condition. It’s natural to worry that you'll be sacked, made redundant, forced into early retirement or passed over for promotion or bonuses.
However, the law is on your side. It is unlawful for an employer to dismiss you on the grounds of chronic illness or because you need regular treatment. Under the Equality Act 2010, your employer must make reasonable changes to your workspace and working conditions in order to help you do your job."

Speak to the Citizens Advice Bureau, I don't think what they are doing is right at all. As long as you have decent enough proof of your illness/ appointments then there should be no worries. I'm not by any means an expert but comb through any information (from credible sources, obviously) that you can get your hands on until you can talk to CAB.

Oh, and

I hope your health improves x

Thanks for reply, they believe they had made allowances for me because I have had sickness leave which would exceed the norm.

I'm just trying to be prepared for when I come back! Thanks again x

So OH have confirmed your condition is a disability, but have they said anything else? Have they advised your employer whether any reasonable adjustments can be made to enable you to keep doing your job?

You shouldn't be disciplined as such for absence relating to a disability but that doesn't mean your employer is obliged to keep you employed indefinitely if it becomes clear you cannot realistically fulfil the role.

How much time off are we talking and have any adjustments been recommended or considered?

I'm afraid scotch is wrong and flowery is asking the right questions. Your employer is not obliged to hold your job open or employ someone who cannot do the role, regardless of disability. They do need to consider reasonable adjustments, so giving you a higher Bradford score trigger, for example.

Thanks for replies, much appreciated . He has recommended basically that my absence is covered and they have made extra time for me as my sickness has been much higher some years.

Within past 12 mths I have had one operation (not related) absent for 1 week.

2 weeks absence (related- flare up)and then a further 6 weeks absence (operation and recovery)

And now this flare up again. Upon my return from my last op that's when I received my final written warning.

What do you think?

Flowery and Hermione are right. They need to make reasonable adjustments but don't have to discount your absences entirely. Unfortunately if you can't do the job then they don't have to continue to employ you.

Have they set a higher Bradford trigger for you OP?

Yes, my score is already above that. This is the 3rd absence relating to it on 12 mths and it's been 10 weeks absence in total.

It's for operations I need to get better and hopefully within next few mths it will either be controlled or I should have a better knowledge of what's happening long term.

But it's all unknown yet, it's unpredictable when it flares up and outwith my control. I feel fine to work the majority of the time but when it flares up I can be knocked for six for weeks. Thanks for replies so far! X

Sorry if I gave you wrong information, Kiss. I tried my best to get some info for you because you remained unanswered at that time, and I always thought 100 percent that employers can't sack you if you are unwell.

It seems so unfair

Thanks for the reply, don't worry thanks for trying to help.

I'm just back from docs and he's signed me off till I get another hospital investigation thing done which isn't till beginning aug. I feel awful and have mega strong painkillers. Work are Defo gonna sack me now