Sickness absence facing disciplinary with next sickness

[user20988988]

I returned to work today after two weeks off due to extreme tiredness caused by anaemia.
In the past two years I have had 9 months off for cancer treatment and one week off due to covid, and then the two weeks now for anaemia.
My manager has told me today that if I go off sick again it will lead to disciplinary because of my levels of sickness. Im so worried because I'm still not feeling great and won't be for another few months once the tablets start working so with the winter ahead there's a good chance that a cold will wipe me out and I won't be able to work.
Does anyone have any advice please?

It will be an automatic trigger, but you should still respond to it.

Join a union and with their help talk to HR.

It isn't correct to say that employers cannot count cancer (or any other disability) related absence when looking at absence levels. They would be required to make adjustments though, and those adjustments will often mean not taking action regarding a level of absence they otherwise would have done. But even if an illness is disability related, there still comes a point in time where they can take action, that point in time is just later than it would be with non disability absences. I suspect in your case your manager is mistaken in referring to it as a disciplinary and means an absence management meeting. Even if that does go ahead, its not the end of the world. A first stage meeting will usually just be a chat about the causes of your absence, anything they can do to support you, and a referral to OH if they think that would help. At this stage, I would try not to worry. Might be worth checking the absence management policies of your company to put your mind at ease that the first stage isn't too big a deal - you should be able to access them on the intranet or in your company handbook without having to tell anyone thats what you're doing.

Quite. I have no idea where this myth that disability is a wild card comes from.

Just to add to this sensible post, the word "reasonsble" in relation to reasonable adjustments is flexible. It is specific to the individual circumstances. What is reasonable for a huge £billion corporation is not the same as for a small employer with 10 people. What is reasonable for an employer with loads of particular role is not the same as for an employer of the same size with only one niche role occupied by the individual.

It's impossible, and irresponsible, for anyone to tell you that the employer can't discipline for ANY sickness. The type of sickness is irrelevant. If the employer filed policy and the law, they can.

That said, at initial stages the purpose should be to "mark" attendance expectations and look at what the employer may be able to do to help you attend work. So think about what you might suggest, if there are things that would help you or support you to reduce your absences. And ask for your long term health condition to be taken into account to amend the triggers.

Worth speaking to GP or consultant and asking if anaemia is linked to cancer

As others have said your time off for cancer should be treated differently and anything ongoing sickness wise related to it

I’ve got a disability and any sickness related to that doesn’t ping the system therefore not triggering any reviews etc. I’d imagine though I’d get a welfare chat if I had significant time off

Might be worth speaking to occupational health also

NHS employee?

It's standard for them.

Quite. I have no idea where this myth that disability is a wild card comes from

That isn't what pp's have said. Most have said that cancer treatment and related illnesses comes under the scope of the DDA and therefore the employer has to make adjustments or demonstrate why that is not possible.

However a manager telling a person covered by the DDA that their illness or disability will result in disciplinary action is leaving the employer open to a case of disability discrimination.

As with maternity - its no secret that disability discrimination is widespread, making sure you know your rights under the law is critical.

Well, just because a load of previous posters posted something wrong doesn't make it right. And the DDA was repealed 12 years ago. The Equality Act 2010 is the relevant legislation, and nowhere in that legislation ( nor in the DDA ) does it say that cancer or any other form of illness must be disregarded for sickness absence procedures. Nor is there any case law saying that.

It is very true that people should know their rights. Unfortunately those rights are not being correctly quoted here, and it is equally as dangerous to demand "rights" that you do not have. An employer might amend triggers for sickness absence for a disability. They might disregard sickness arising from disability - although that would be exceptionally unusual in my experience. But these are choices, and not required by law. In a tribunal it may be that some amendment to triggers would be viewed as a reasonable adjustment. But not necessarily because the circumstances might not support it being reasonable. That is as far as the law goes, and it certainly doesn't recognise "some anonymous posters on MN told me" as a legitimate legal stance.

Well, just because a load of previous posters posted something wrong doesn't make it right. And the DDA was repealed 12 years ago. The Equality Act 2010 is the relevant legislation, and nowhere in that legislation ( nor in the DDA ) does it say that cancer or any other form of illness must be disregarded for sickness absence procedures. Nor is there any case law saying that

Yes the DDA was superseded by the Equality Act but that is the language still regularly used by the likes of OH and the language most people recognise. Its the language used on my statement.

For the rest - you seem not to have read what I actually wrote.

When people remind their employers they are covered by the Equality Act 2010, which you are because cancer is a protected characteristic, employers usually back off because a tribunal will cost them a hefty fine.

I have disability leave or normal sickness leave....my disability leave has never triggered anything...I'm NHS....8 have a back to work interview but thats it....I took 2 weeks disability leave last month ...its just the way it goes for me now