Probably going to get fired due to too much sickness. What to do?

[OhWhatAPalaver]

I've had too much time off work due to a chronic condition/disability and I'm now up to the final stage of the attendance management policy. The next meeting, where I have to see HR, will most likely result in my dismissal I think. What would you do in the situation? I'm tempted to hand my notice in as soon as I find out when the meeting is as I'm totally fed up and stressed out with the whole process. I have had it up to here with my job anyway (nhs admin) and the turnover we have had this year is appalling. A huge number of staff have left, including two managers, as the upper management are awful. I don't know what is worse though, leaving with no job to go to or being sacked due to ill health. One of the benefits od being sacked is 4 weeks pay and time to look for something else but then having a dismissal on my record is not something I want. I'm leaning more toward just handing my notice in and getting temp work ASAP. My partner is stressing about this though as I'm not sure if we'd manage on his wage alone for very long.

If you have a recognised disability/ chronic condition can they sack you? Would this not be classed as discriminatory? Have they taken steps to help you get back to work? Involved occupational health? Could you work reduced hours/ job share?
It doesn't sound like you really enjoy your job anyway though so perhaps you might be happier looking for something else - temping might be the way to go.

Yeah they have involved occ health and asked if there's anything they can do etc but I'm hearing impaired and have Menieres disease so there's nothing they can do really. It says on our sickness policy that disability related absence is not necessarily treated as being any different.
But all that said, I am fed up and really need to leave sooner or later anyway so this might be a blessing in disguise!

I'd contact an employment lawyer and get some proper advice. You can usually see them for up to an hour for free and they will give you some options, and should be able to come up with a mutual agreement around you leaving without being sacked/having it on your record.

They might even be able to negotiate you a severance package. They really are worth considering before you go any further.

Contact ACAS as soon as possible, they may be able to help, can you reduce your hours. Maybe just go on the bank, they do have admin bank and they are always screaming out for bank admin.....you can work around your health that way

Another vote for consulting ACAS before any big steps. Exactly what they're there for!

They must have employed you knowing you were hearing impaired?

Have you asked for any reasonable adjustments in line with your disability? That can include an understanding that your disability comes with increased sickness absence ...

Agree you should ring ACAS - see section on reasonable adjustments below:

m.acas.org.uk/index.aspx?articleid=1859

@OhWhatAPalaver - I totally sympathise. I have Menieres too and it's one of the least understood disabilities there is. I'm on a six month warning. If I go over a certain amount of days before June I'll be hauled in again and they'll consider dismissal. Despite being told in every Occ health meeting that it's a disability, a relapsing / remitting condition I have no control over and I'll never get better.

ACAS and Remploy have been helpful. And the Menieres Society. What reasonable adjustments have they put in place for you?

They must have employed you knowing you were hearing impaired?

Sadly it's a symptom of Ménière's disease. The OP may not have had it when she was first employed, like me. I've only been diagnosed 2 years - been with my employer over 10.

Are you in a union OP?

Thanks all for the replies everyone. I'll have a look at ACAS, I've never heard of them. They did know I had hearing loss and menieres when I was first employed (if I remember correctly) but it escalated in its severity recently.
iklboo have you had a meeting where your employer has had authority to dismiss before? It's a new one on me so I'm assuming they'll just tell me to do one. I'm not sure if I have it in me to fight against it, I've already started applying for lots of other jobs and registered with job agencies etc so I'm ready to leave. I'm thinking I probably won't even go through with the meeting as it'll cause me too much stress to fight the case and make my illness worse in the process. I think I'll most likely end up resigning before they issue me with a date for it tbh!

I have had a meeting where it was one of the options, yes. The manager chairing said she wasn't considering it on that occasion but if my absence hits the next trigger it will be the likely option. I think they'd have to class it as medical dismissal rather than misconduct though.

Good luck with your meeting. Don't let them push you out.

Thanks iklboo. It's so frustrating isn't it. I'm just not sure if I've got the energy to fight for it, I'd rather move on. Thinking about it, temping might be better for me with this condition anyway!

If there's no prospect of you being able to meet the attendance expectations, after they've considered all reasonable adjustments, they could dismiss you due to Ill health. Rather than make yourself unemployed, being dismissed for ill health is likely to help with any benefits application in the future.

The key part is them considering all reasonable adjustments. Oh should have recommended certain amendments to your working hours, location, job spec, etc which they feel could keep you employed.

For example, if you have 5 hours sickness a week, would your job allow you to shorten your week by a day or an hour per day and be able to meet the attendance expectations.

If no adjustments can be made, legitimately (they cant just say they don't want to), and you can't fulfil your contract, then unfortunately the employer doesn't have much choice.

Have a think about what you would need to keep your job and raise this at the meeting. Ask for minutes and appeal if you feel you have made valid suggestions which haven't been considered

The word reasonable often confuses people. It's worth mentioning it would be different for every employer. For example, installing a lift for a multi million international company may be reasonable for someone with mobility issues. It is unlikely to be reasonable for a small not for profit org.

Yes sadly if you are unable to provide regular and effective service due to illness or disability you can be dismissed for medical inefficiency. Where I work you receive a a weeks pay for each year in employment as compensation, will a % deducted dependant on overall attendance as opposed to just your medical issue.