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Original poster

Help - Work trying to make me leave due to ill health.....

17 replies

hertsnessex · 23/10/2006 11:13

Hi everyone,

please help.....

background: strived v v hard to get into a project role last yr and finally made it. i have pcos and endo and had a m/c in march (took nno time off), an operation in july (10 days off) and basically im ill and my cons reckons i may be going through the menopause and also may need a hysterectomy (im 27). asdie from this i have decided i couldnt 'commit' to the city anymore and have set up my own business (currently in the process of advertising etc). my plan was to leave in feb after my bonus. (no chance of a bonus now i think!)

now i do work hard, my hours are 7-5 mon-thur. i sometimes get in at 8.30, but will stay late etc, its never been a rpob. i admit my 'focus' and 'motivation' have been lacking, but this is due to my health worries.

anyway in a emeting this mornig they said they think i should 'down greade' back to an operations role or 'side step' to a trouble shooting role. neither of these do i want.

they have left me to 'think about it' ..........

i think ill request a meeting with HR and them.

what can i do?

can i get signed off sick? (i could have done this long ago but tried to keep going).
how long would i be on 'full pay' for?

what can i do next.....

thanks for reading, and thanks for your help (in advance!)

Cxxxx

OP posts:
Original poster
hertsnessex · 23/10/2006 11:15

p.s. my name was CarlyP (recently changed it)

OP posts:
SherlockLGJ · 23/10/2006 11:16

Carly

I have no idea, hopefully someone will be along soon who can help you.

Freckle · 23/10/2006 11:20

You need to check your contract of employment regarding pay during sick leave. If there is nothing in your contract, then the normal rules relating to SSP will kick in (and they are not very attractive).

Original poster
hertsnessex · 23/10/2006 11:23

thanks. i know somneone here whow as off for 3mths for a knee op and got full pay. so ill chk out my contract and employee handbook.

anyone else............

OP posts:
Original poster
hertsnessex · 23/10/2006 12:16

bump.......

OP posts:
LittleB · 23/10/2006 12:20

Check your employers handbook, it probably also depends how long you've been with the company, I know I'd get 6mths full pay then 6mths half then statutary but that because I've been there for over 5yrs. I wouldn't have thought they could make you change jobs unless you aren't able to do your job, 10 days off isn't that much. Speak to your HR department.
Sorry to hear you're having such a rough time, I hope your health improves.

lulumama · 23/10/2006 12:20

carly [sad[

if they are trying to force you out based on your health issues...is it not constructive dismissal

or are they offering you a role that will be less stressful for you bearing in mind your health and the possibility of further surgery....

will your 'down grade' mean a significant drop in salary too?

i wouldn;t get signed off if you can help it...if they are trying to prove you are not reliable due to health issues- you need to try and stay and show them they are wrong...

read the employee handbook and contract very carefully...you need to think about what you want long term ....

good luck

Original poster
hertsnessex · 23/10/2006 12:35

Thanks. i intend leaving in the next 4mths anyway and wont be looking for a reference from them EVER!

i have been here since jan 2001, so hopefully ill get better than ssp.

looked at handbook and anything aove ssp is discretionary.

we shall see........

thanks for your help.

cx

OP posts:
Original poster
hertsnessex · 23/10/2006 14:01

ok, luckily my dh is a barristers clerk and one of his barristers jsut called and gave me a perfect response.......basically getting them to OFFER me £££££ to leave! fingers crossed they go for it.

thanks for your help.

cx

OP posts:
lulumama · 23/10/2006 14:02

good luck carly - how come the name change though? and did you do the course yet ??

incy · 23/10/2006 14:41

Are you a member of a union? They would be able to advise as would a solicitor/CAB. Your work certainly can't force you to downgrade jobs especially if it will mean a lower salary(although no doubt they would claim it was an offer to try and help you recover) - I would refuse saying that you want to be able to do your job again and ask them how they are going to help you achieve this. Make sure you are seeking medical advice so it shows you are being co-operative - perhaps your GP could recommend some solutions such as shorter working hours for a period of time. I know you are leaving anyway but why should your work get away with not trying to help you - basically they will need to show that they have made every effort to try and help you get back to work and recover fully before getting rid of you for reasons of ill health. It seems to me they have done nothing but offer you a demotion which frankly is not good enough and wouldn't be seen as such in a tribunal. I would suggest legal/union advice - perhaps the CAB would be able to help.

DominiConnor · 23/10/2006 15:05

Hersnessex, I do worry a little bit about the not ever requiring a reference...

Like you, I quite a job running things to start a business, but I took some care to leave on good terms.
I'm now a pimp in the City, and am all too aware of the way banks look at your history.
I hope your business succeeds, but I assume we both know that stats for new business failures ?

Thus I'd leave on as good terms as you can.

Obviously I know little of your precise job, but is it impossible that you can negotiate some deal where you do bits of work for them on a contract basis ?
That cash flow can be a life saver.

Also, if you're going anyway, I would consel you to look seriously at the options they are giving you for other work.
You may have the possibility of learning skills or getting contacts that will help your new business, or at least leaving you time and energy to help with it's launch.

Original poster
hertsnessex · 23/10/2006 22:37

Domiconnor, Im leaving to start my own doula business, so wont need any contact etc at work. ive done my time in the city, now its time to get out.

Incy, Thanks. luckily a barrister helped me today and we sent a fab email to my managers. got them worried!

lulumama, hiya, yep done the course, got my website, started advertising and got my first client! how are you doing? mail me: [email protected] if you want to chat more.

Cx

OP posts:
incy · 24/10/2006 07:10

hertneswx- I am so glad and hope they back off a bit after the letter (I am sure they will !) Thank goodness you are leaving as they sound dreadful. Good luck with your Doula business and try to remember the end is in sight. Don't take any c**p from them as they can't easily get rid of you/demote just because you are ill - they have to follow the law and try to help you recover. Good luck.

Original poster
hertsnessex · 24/10/2006 09:27

thanks incy. had a response and they are back tracking. sending another great reply to their comments and asking for a meeting with HR present. i wont let this go.

OP posts:
Original poster
hertsnessex · 10/01/2007 11:06

jsut wanted to update my situ.

ive been off work since end of oct, signed off sick with stress and depression. jsut handed in my notice and wont be going back!

im sooooooooooooooooooo happy!

doula thing is going fab, had clients already!

Cxx

p.s. thanks for all your support.

OP posts:
meb2006 · 10/01/2007 13:32

best of luck with your business - glad it all worked out.

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