Possibly going to get sacked for sickness- help!!

[stressedtothemax77]

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 dismissal

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.

I'm trying not to give conflicting information. As I've said I may not have worded it very well and for that I apologise.

Treadsoftly I am bored and I do want to get back to work and normality. And I suppose I'm just used to getting on with things.
I hate not being able to get out and about and I hate letting people down.
I just wasn't expecting this response from my employer quite this quickly!

I could try social media OurBlanche.

I'm going to ring the consultant tomorrow and explain the situation. Union rep said if consultant could write a letter explaining his reasons for signing me off that might help.
Or I may ask him if he'd be willing to sign me back to work.

I have had experience of 3 operations on my legs and the aftermath of arranging to go back to work (first 2 were planned OP's that req Femural breaks and 3rd was one I broke my femur all by myself). In all cases the consultant was hesitant to let me return to work when I wanted to go back - about 2 weeks post op in all 3 cases. He did however agree to it once measures were put in place - specifically phased return, full locked leg brace and full leg rest. If you discuss with your consultant and explain the situation he may be prepared to put some in place for you too so you can be signed off to do light duties. Work also offered for me to WFH part of the week and arrange transport for the days I was in. Could you ask for a temporary shift change to enable you to use public transport? Are you full weight bearing or on crutches?

With regards to the medication, you do get used to functioning on them. It just takes a little while.

How much longer have you got company sick pay for? They can actually stop that and usually do after a certain period.

You would still get SSP though.

I'm now on half pay & SSP. I think that's for the next 5 months.

I'm now on half pay & SSP. I think that's for the next 5 months.

Check your contract to make sure it doesn't have a clause to say at management discretion for x months. Just to make sure you are covered

I will do. Thank you

What does your company's disciplinary (or any other relevant) procedure say? Most companies would not jump straight to dismissal, it would be verbal warning, written warning, final written and then dismissal. I would expect them to be very careful when it comes to dismissing a person for a medical reason supported by certificates, especially if you have complied with everything they have requested (my impression is you have).

However they can eventually dismiss you for long term illness, as long as they jump carefully through all the hoops to justify it first.

I would have to thoroughly read the policy. As far as I'm aware there are 3 stages for sickness. When you reach 3rd stage that is when they usually discuss suitability for role, re-deployment or dismissal.
This sickness I am currently on would put me straight to second stage ( due to it being over 10 days in a year) which is why I'm unclear as to the reason for the discussion. Union have said they will also look into this.

So, though dismissal is a possibility, it's going to take them some time to go through the rest of the processes and they will need to show that they are trying to work with you, as far as that is reasonable, to get you back to work.

Good luck. As other's said, union is definitely a good idea.

Other's Others have. at self.

Thank you. I'm keeping my fingers crossed it won't get as far as dismissal. Just panicked a bit when they said it as if never thought that would be on the cards.

I would definitely seek professional advice. From what you have said the consultant is concerned about your leg and the possibility of something else going on. He has not signed you off for the sake of it and if you are on serious pain medication these can have severe impacts on judgement and ability to do what ever job it is you do.
I think I would be inclined to book in with my GP and discuss my concern with them as you have a bit of a wait until your scan

Sorry you've had a rough time on this thread, OP.

I think it would be rather harsh of your employer to dismiss you after three months absence, but I suppose not impossible.

The basic procedure that your employer needs to follow involves seeking medical evidence and consulting with you. Worst case scenario, if medical evidence says they can't provide a feasible return to work date and no reasonable adjustments could help with that, then it could be reasonable to dismiss you. They would usually have at least one welfare meeting with you first to discuss your options, though.

I would suggest you make it as difficult as possible for them to dismiss you. Show that you are doing everything you can to get back to work ASAP - hydrotherapy, medication, etc. Also demonstrate you are prepared to be flexible with light duties, part time work, working from home or a different location, etc. They would have to demonstrate that there was no reasonable alternative but to dismiss and that your absence was having a significant impact to the extent that they can't wait for you any longer for the dismissal to be fair.

Best of luck to you.

Thank you MummyBex.
I have complied with everything they've asked me to do, and followed everything the consultant/physio has advised to the letter.
I suggested working somewhere closer to home until I was fully recovered. They said they would look in to it
I'm going to try and speak to my consultant/my gp and physio today to see if they will write a letter for my employer outlining the problems at the moment, what the plans are going forwards and why they feel I am not fit for work in a bit more detail.

Thank you all for your support

I don't understand why you are getting a hard time on here OP

You clearly aren't fit for work. I would be getting onto the union again. That is what they are there for. Usually organisations get worried when you start talking about 'union representation' and 'legal advice' - in my experience.

Try and ask to work somewhere local again???
Or get a taxi??
You are stuck between a rock and a hard place but you may have burnt your bridges.
When my car packed up I had to do a 4 hour round trip to work and it was hell.
Unfortunately there isn't much else you can do but take a taxi and put up with the cost until you get better.

The main problem with the taxi is the cost. I know it may seem like I should just suck it up but in reality it's not that easy. I'm in half pay now which is going to cause enough problems financially (another reason why I want to get back to work asap) but IF I can get the consultant to sign me back to work then it will be a phased return. So I will still not be receiving my full pay. They explained that they will give me SSP for the hours I don't work but that's only £88 per week. I am normally paid quite well and this is putting a massive dent in our family finances so a taxi at ?£40+ 4 days a week would leave us with nothing.

I am speaking to the union today and trying to get hold of my consultant.

A lot depends on the size of a company and how long they can suck up the cost of having you out on half pay and the cost of paying for your cover / whinging from co-workers.

Definitely involve your union - that's what you pay dues for
Definitely get a clear view of what's what from your doctor(s)
Don't muddy the waters - claiming you are fit to work against medical advice will only backfire if you go back to work and then get sacked for not performing your job. If you have to take strong painkillers to get through the day and your job requires you to be compos mentis at all time then its simply not feasible.

Bear in mind that a well run HR department will automatically go through these steps at the right time to cover themselves and give themselves options. It's not personal.
While you wait on the meeting I would do the following:
Start with what you could realistically do from home - do you have any other skills that mean you could be re-deployed from your current role for a few months.
Are there crappy admin jobs that no-one wants to do but are long overdue - update all the ISO manuals, health and safety for new joiners, write policy and procedures yadda yadda.
Bear in mind [discuss with your union] that working remotely may change your T's and C's. It may be part time hours only for example? They may still have to backfill you at work so there will be a cost to agreeing to it.
Establish logistics - what are the actual negotiated costs of using a local taxi to go to work for your normal hours; standard working hours only.
Could you return to work via public transport if you did a different set shift pattern for a bit.
What else could you do in the company that would mean not putting you, your knee, your colleagues at risk if you take your meds.?

Speak to your doctor and physio - explain that you are being threatened with termination and need to get a fuller description of your ailment, your required treatments [time off work for physio if you are 70 miles away via taxi is going to be tricky] and implications of ignoring their advice.

I hope it goes well.

They may well be able to find you somewhere closer to home that you can work for a while.

Have you looked into local carpools/car-shares? Not a lift from someone you work with but just from someone who's going the same way as you. (I realise you said you sometimes finish at 3 or 4am, so car-shares may not be thick on the ground at that time, but is it worth looking into anyway?)

I do wonder though if you should really be classed as fit for work if you're on painkillers that space you out and potentially affect your performance.

Speak to your doctor and physio - explain that you are being threatened with termination and need to get a fuller description of your ailment, your required treatments and implications of ignoring their advice.

That sounds like a very good idea.

You need to get your consultant to note when you are likely to be well enough for your full duties - if there is a return date in sight a dismissal would be unfair.

Have you fully explored different shift patterns, reasonable adjustment; lifts taxi from station to work, station to home. I think there are a lit of options you could consider.

I've left a message for the consultant today. Physio is on holiday for 2 weeks.
Definitely no chance of working from home, I did ask.
I haven't said to my employer that I feel fit to work. I have just given them all the info I have from everyone involved.
It's a very large company with lots of staff, unfortunately the section I work in only has one office. There are other towns (the one I live in) that have offices, but not doing my role. I have offered to work somewhere that I can get to on public transport closer to home doing filing or whatever I could turn my hand to. But I need the consultant to sign me back to work before that could happen (my current sick note takes me up to the end of June).
My employer has said they will look into this so I'm keeping my fingers crossed this could be a temporary solution.

Fingers crossed here too, OP. I do think the 'closer office' solution sounds like the best one. Surely they can find you something to do in a different office.