HELP advice re Sick Note and being fired please?

[StripeyChina]

In September I returned to work after many years.
I have mobility difficulties (skeletal) and I am a single parent to two ASD kids. I attended my interview on crutches and explained my circs.

It has been a bit of a nightmare. There is FAR more travelling than was agreed at interview. Thus my contract is not yet signed as they won't provide an amended one as verbally agreed then. The office I work in is upstairs with no lift / access to loo /fire escape. Occ Health Report was done but they have ignored all recommendations and say I must arrange Access to Work for them to consider anything. eg I currently have a sharp piece of metal nailed to my desk as I'd asked to sit somewhere I could prop my crutches but I keep catching myself on it and can't get my desk drawers open.
I have asked for time to attend medical appointments for me and my kids. I have been told I can have this but must work ALL time back which I am willing to try to do but realistically that will be hard so I feel very stressed as I have a minor operation coming up and will need recovery time.

I have been signed off by GP for 2 weeks with 'vomiting (under investigation) and stress'. I have both phoned and emailed work advising this and duration but my boss is phoning and emailing me daily to ask for 'updates' to her personal mobile number (which i don't have).

I don't want to speak by phone. I am being sick a lot and sleeping when I can. do I HAVE to phone in daily if GP signed me off?

Also, I am still on 6m probation (1 weeks notice).
Can they fire me while I am signed off? (will I get sick pay? my unsigned contract says so but I am worried as it is unsigned?)

I guess i felt bullied by my boss before this so I don't much want to 'call her personal mobile number' as she requests in her email this am (just discovered, as i have been asleep), but is that being unprofessional?

If they have the sick note stating how long you are signed off you do not need to call unless you are not returning at the end. Sadly you could be dismissed within first 2 years as long as it is not discriminatory ie. Related to your declared disability. Is there an Absence policy? Have you contacted Access to Work?

The sick note is in the post so I have emailed the details to them.

I am on the highest level of DLA and my absence is related to the amount of travel / difficult physical working conditions / and now stress about lack of time for hospital appointments.

Sorry to hear you're struggling but yes you can easily be dismissed because you've been there under 2 years, also in probation period and also no signed contract. I would start looking for a new job.

Ok thanks.
It seems harsh as the reason I'm struggling with the job is not that my health has deteriorated but that I am struggling with the stairs / travel.

Sorry to hear that you are struggling. Your fit to work note covers you for the period stated on it so you don't need to contact them during this time. If they have asked you to contact access for work have you done so?
As far as time off for medical appointments - it's usual to require employees to make the time up and to be honest I don't think you have any right to time for children's appointments so you'd need to make up that time unless they give you unpaid leave for them.

Could you ring ACAS and ask if you come under any employment rules for people with disabilities?

Yes, I have contacted access to work.

My physical deterioration is down to work. If I'd been told that my office was so inaccessible / so much travel I would not have taken the job.

Speak to ACAS. They're treating you appallingly.

I'd look for a new job as well.

Acas
Access to work (l have this and it is useful)
They don’t have to give you time off for medical spots even if they are disability related. More enlightened employers will do this though. They are discriminating against you.

Thanks - It does feel that way.
I would have tried to work time back but it's clear that I am not being treated the same as the other trainees.
I've posted my sick note. I've emailed in all the details.
I will call ACAS thanks.

think i might ask for this to be moved to employment section

Hi StripeyChina

We've moved the thread over to employment for you now.

Hi OP, it sounds like you are having a rough time - there are several issues here. If they have failed to follow the reasonable adjustments suggested by Occupational Health then they could be at fault, however they do have a right to make reasonable contact whilst you are off sick so they can plan. With regards to time off for children, it would be reasonable for them to allow you time off but they don’t have to give you that time for free, you will need to use leave, work extra. It’s tough I know but all working parents face the same problems. The fact that you haven’t signed your contract makes no difference. I would suggest e-mailing and asking them to make the reasonable adjustments suggested and see how you go from there. Also contact Access to Work who can help with funding equipment but your employer will still need to contribute.

The fact your contract hasn’t been signed doesn’t mean it doesn’t apply - if that’s the contract you’ve been given and have been working under, it’s those terms which will apply.

What amendment was verbally agreed which hasn’t yet been confirmed in writing?

It is absolutely not the case that they can easily dismiss you within the first two years in circumstances where you have a disability and it sounds as though problems with your employment stem from that and from their failure to adequately support you/make reasonable adjustments.

Did the OH report recommend some reasonable adjustments that your employer should make?

I started a new job and needed emergency treatment at dentist. I had to use a day of holiday. I book all doctors appointments when I am not at work or at lunch time. Do you have any friends or relatives who can take your children to their appointments or book when you are not at work

I think you need to get a new desk sorted however you are massively unreasonable to expect not to work time back for your kids appointments.
To be honest it sounds like you may be better off looking for something new.

The Occ Health report says I will need extra time for my disabilities and those of my kids. I don't have anyone else who can attend these appointments. I have said I am willing to use leave time or take unpaid leave. I have always gained permission before attending and checked whether i need to put in for 'time off'.

Occ Health said i a ground floor desk. At the moment i am first floor (no access to toilet or fire exit). Work say 'not convenient'. Plus they are making me drive much more than was in the contract (which is why i've not signed it yet). It is very helpful to know that it still 'stands' though thank you.

It is a trainee position. I guess I will 'fall behind' on that schedule soon so they can fire me over that? It transpires that even qualified people are regularly catching up on their work at home at 11pm which is not possible for me (Home at 5.30pm, tea, homework, bath and bed for ALL of us by 9pm) so it is probably not sustainable anyway but their attitude to disabled people is awful.