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Original poster

Possibly going to get sacked for sickness- help!!

81 replies

stressedtothemax77 · 23/05/2016 16:21

Had an operation on my knee at the end of February.
Was initially told (before the op) that recovery would be 6-8 weeks, after the op was told that the operation was more complicated than was first thought.
Been having weekly physio but ,although there had been a slight improvement, things have not gone as well as expected.
Saw the consultant yesterday who has said that I need more time to heal before he can scan and see what the problem is. Seeing him again in July??

I work in another town to where I live and cannot physically drive at the moment due to pain. But I could work if I could get there?
Been having monthly meetings at work for absence and all seemed well.
I have been today and been informed that they will be looking at re-deployment or dismissalSad

I don't know what to do? I didn't think that with a doctors note they could sack me? I know I have been off quite a while but I don't think it's an exessive amount of time after an operation.

I am in the union at work and they have said they will look into it.

But now I'm really worried. I can't afford to lose my job.

Any advice would be appreciated.

OP posts:
Original poster
stressedtothemax77 · 23/05/2016 16:59

I am in no way being dishonest tigger and I'm not really sure why you think I am?

I am trying to give as much info as I can without disclosing what job I do as it may be identifying.

Thank you to everyone who has offered helpful advice, I really appreciate it.

I will look into everything that has been suggested.

OP posts:
NameChange30 · 23/05/2016 17:01

OP, check out the Access to Work scheme - it can help you with the costs of travelling to work if you can't get public transport. If you apply for the scheme you might be able to get help to pay for taxis.

ScarletBegonia1234 · 23/05/2016 17:02

We had a similar situation where a colleague had back pain that prevented her from driving and she lived a similar commute to you. She chose to stay over during the week in the local area until she could commute again. I imagine this wasn't cheap but I think it's what she had to do!

Tiggeryoubastard · 23/05/2016 17:02

Right. Ok, I apologise. If you're signed off then you're not fit to work. It came across as you weren't signed off anymore. This is different. Your Union should be able to help, doubt Citizens Advice will be any use as the waiting lists are horrendous. Do you have legal cover with your house or car insurance that could advise you?

ChaostheCat · 23/05/2016 17:03

If you have been signed off long term by the consultant as I understand it you can't go to work unless he will 'sign you back in'. Certainly in places I've worked if you'd been signed off long term they weren't happy for you to return against medical advice & would want written consent (if you like) from your Dr.

Original poster
stressedtothemax77 · 23/05/2016 17:04

That could be an option scarlet. Would just have to try and get some kind of childcare (not sure how successful that would be!)

I will have a look at that site AnotherEmma, thank you Smile

OP posts:
Routenationale · 23/05/2016 17:05

Could you rent a room near work, Mon to Fri, and your partner transport you home at weekends?

NameChange30 · 23/05/2016 17:06

"doubt Citizens Advice will be any use as the waiting lists are horrendous"

Not necessarily true. There is a phone helpline (which I presume would be better for the OP than physically visiting her local CAB drop-in session). It can be the luck of the draw as to which adviser you speak to, but many are very good.

SerenityReynolds · 23/05/2016 17:08

I was coming on to say look into Access to Work but a pp beat me to it! It is a grant specifically aimed at trying to keep people with disabilities or health problems (temporary or permanent) at work. I can't see why you wouldn't be eligible.

Sorry you're going through this. I'm a healthcare professional, and unfortunately things don't always go to plan with interventions or take longer to resolve than expected Sad Have you tried accessing hydrotherapy through your physio or privately? That's often good for getting painful joints going post-op. Wishing you a speedy recovery Flowers

Original poster
stressedtothemax77 · 23/05/2016 17:09

Sorry if I wasn't clear Tigger. Yes I'm still signed off.
I have legal cover on my house insurance so I'll take a look at that.

My employer wants the consultant agree to me returning to work before I come back so I'm in a bit of a catch 22 at the moment. Consultant says he is not happy for me to go back until I have had a scan and he can see what is happening as because it is not recovering like it's supposed to after the op there may be something else going on.

OP posts:
idontlikealdi · 23/05/2016 17:09

What does it say in your contract re paid sick leave, are you still being paid?

confusedandemployed · 23/05/2016 17:11

Is there anyone going to work from your area? Could you hitch a ride and contribute to their fuel costs? Presumably then work might be inclined to ensure your shifts coincide until you can drive again.

Original poster
stressedtothemax77 · 23/05/2016 17:11

Thank you serenity Smile

I'm so fed up of it now. I was imagining being pain free by now and the problems all being behind me.

I will look into hydrotherapy. I'm willing to try anything!!

OP posts:
OllyBJolly · 23/05/2016 17:12

OP - I agree with Tigger. You are either fit for work or you're not. You say :

But I could work if I could get there? which suggests you are fit for work and it's the getting there that's the issue. That is your issue, not the employer's. Whether you live 1 or 100 miles away, it's your responsibility to get to work.

Your later posts suggest you are not fit for work. They are telling me that I need to rest it to try and alleviate the swelling and scarring that is still ongoing But the fact that I am very strong painkillers and sometimes a little "spaced out" while in them is also a problem as I have to be very alert and focused to do my job is also a problem for them

If you are not fit for work for a significant time, then yes, the employer can dismiss you. They will have to follow proper procedure, and it looks with weekly meetings that is what they have been doing so far. They do have to consider reasonable adjustments, but these do have to fit with business needs.

Your best chance of retaining your job is to come up with solutions that will work for you and for the employer. Your union should help you.

Original poster
stressedtothemax77 · 23/05/2016 17:14

They checked the staffing list today to see if there was anyone I could get a lift with, and they told me there was no one around my area Sad

I'm currently on half pay & SSP. With 3 children it's a struggle so I want to get back to work, I really do.

OP posts:
NameChange30 · 23/05/2016 17:15

Tigger
"It came across as you weren't signed off anymore."
Actually it was in the opening post - OP said she had a doctor's note.
But if you couldn't be arsed to read weren't sure, you could have simply asked the OP whether she had been signed off before having a massive go at her.
Or just go back to AIBU where you belong.

NameChange30 · 23/05/2016 17:17

OP if you're struggling financially, it would definitely be a good idea to talk to CAB. They can check your benefit entitlement (in case there is anything you're not claiming that you could get) as well as advising on the job situation.

sockrage · 23/05/2016 17:18

Can you get a taxi to the train station and manage on the train or it it too painful?

Original poster
stressedtothemax77 · 23/05/2016 17:19

I know I said I'm fit for work, probably either wrong wording on my part.
As I've said, I don't see myself as being "ill" right now. As in I'm not unwell in myself. I'm just in a lot of pain with restricted mobility (and a lot of medication).
I understand what you're saying, but it's the consultant who's saying I should not work.
I spend most days on the settee with my leg elevated (in my head I could elevate my leg at my desk). When I have to move around I'm on crutches. But I'm ok in myself if you see what I mean. The consultant and the physio are in agreement that I should be signed off at this point.

OP posts:
TreadSoftlyOnMyDreams · 23/05/2016 17:20

TI have been told not to at the moment by the consultant who is signing me off
But the fact that I am very strong painkillers and sometimes a little "spaced out" while in them is also a problem as I have to be very alert and focused to do my job is also a problem for them

FGS woman you are not fit to work. You might like to, you might be bored at home, you might have good days and bad, but you are a liability suit waiting to happen.

Speak to your union.

NameChange30 · 23/05/2016 17:21

TreadSoftly Exactly!

CoolforKittyCats · 23/05/2016 17:21

IMO if the OP is unable to travel to work for medical reasons, and the work cannot be done from home or another convenient location, then yes she is unfit for work.

Emma It maybe your opinion it may however not be the law. No one here has all the facts. As olly says, the OP has given conflicting information.

Plus Tigger has appologised to the OP.

NameChange30 · 23/05/2016 17:22

Oh that's alright then Hmm

Original poster
stressedtothemax77 · 23/05/2016 17:22

I could get the train there and a taxi from the station but there is no train home when my shift finishes.
My shifts are set shifts and fit in with my childcare so I would struggle to alter them too much. (I have an ds with SEN so I need to try and stay with routines IYSWIM)

OP posts:
OurBlanche · 23/05/2016 17:22

That was fairly apparent in your OP, stressed don't worry about it.

There is a well trodden procedure to be followed and it leads either to modifications of your physical workplace and/or contract. Don't worry too much, the results of any properly held meetings could be helpful to getting you back into work more safely and sooner.

Could you try asking for a lift on other social media? You never know your luck Smile