What do I do now?

[loopyredangel]

I have been battling with my boss for the past 8 months, he wants me back to work asap, I want to go back to work, but I'm simply not well enough, my GP had warned me that if I go back now I will end up back on my crutches in the space of 3 weeks, and my consultant has stated he hopes to see some improvement in the next two years but can't guarantee it. I have just found out I am pregnant again, and my condition is getting worse, as I was told it would. Do I resign now, or wait to be sacked? I really do love my job but considering Iwill be expected to be working full time come June, I might as well put the noose round my neck now, I just don't want to make my condition worse, I did it before I had the baby, and I have learned from my mistake. AARRGHHHHHHH!!!!!

You need to find out your employment rights so ask your union or go to Citizen's Advice Bureau.

Do you have SPD? If so there is an organisation for sufferers, I forget what it's called, can any one provide a link?

Don't resign - it could affect your right to benefits and other help.

You are following medical advice, and have a genuine problem. You can apply for incapacity benefit if your SSP has run out.

Could you ask your GP to write to your employer to explain the situation?

Hiya Elastic, yes it was SPD, had an xray when babs was 10 months old and discovered the gap was quite large and developed wear and tear. Had to have emergency pain injections. My consultant sent a report telling him he hopes to see som improvement over time. My GP is in the process of doing a report, as boss finally agreed to get a report from them too!
Lou, I am already on incapacity benefit, and they don't even want medical certificates anymore because they know what the situation is.

I suppose when your work get the GP's report it will be clear you may have to be off work for 2 years and then they'll have to decide what to do.

Don't resign.

They can lawfully dismiss you on the grounds of ill health. They should have a policy surrounding it so ask to see a copy. Most policies will seek to support by offering to make adjustments or redeploy you to another role. They should do everything with GP information. The policy should state if there is a payment associated with it other than the notice you are entitled to. Dismissal should be a last resort and they still have to follow proper procedure and give you right of appeal etc

If you are in a pension there may be an option of ill health retirement - usually if you are so ill that you won't work again (for anyone in any capacity).

If the condition is pregnancy related (I know it can be - is that the cause for you?) then they would likely to be acting unlawfully if they dismissed you for that - as in its a pregnancy related condition. It could therefore be sex discrimination.

I suggest you get some good professional advice as this could get complicated.

Hiya choc, it is pregnancy related. I was due to return to work in January 2006 after maternity leave, but they took someone on when I took maternity leave early because Iwas ill with my pelvis, so left in mid JUly 2005, they took someone else on part time about a month before I left, and boss keeps harping on about this guy being entitle to full employment rights by the end of this 2 year period, and he wants me back by June full time. I just felt like saying to him that his employment has very little to do with me and he shouldn't really be telling me that! It's just constant pressure, he doesn't seem concerned at all about my health and wellbeing whatsoever, he just wants someone back full time, as he said he is having to do the extra work load - work shy me thinks!

Another thing that has hacked me off, when I do go back I am not going back to my old office and desk! Familiar surroundings would help alot, but I just feel like Iam being shoved out!

BUMP

I agree with ck, take advice. Employers can sack you if you are off sick too much lawfully without compensation but they often get the procedures wrong and you can claim compensation over that and separately if you're sacked for a pregnancy related reason it is automatically unfair.

Not going back to the same desk though isn';t necessarily illegal as even people still in work get forced to move offices or forced to go to open plan etc or even moved to different buildings from time to time and that's usually lawful.