Suspended due to illness

[Rachie206]

my doctors recently signed me off work due to a ruptured cyst and being ill with it my first day back at work was today and I have been suspended due to my time off is that allowed?

Yeah I’ll take it all in on Friday with me

I think if you were in a&e then I’d not worry, that’s a big cyst, I’d show them the paperwork, or say you can get it, and explain. They likely think it was a skive, but you can show otherwise. Explain also it’s a first and a one off.

Plus I was suspended this afternoon I worked in the morning went on my break 1-2 by 2:20 I was suspended after he did my return to work form

Wow, that seems harsh. I'm not in the UK but at any of my workplaces if you are signed off by a doctor then that is fine. One woman got sepsis before she had even worked a day - they happily waited until she had recovered, then she started work.

This being able to get rid of someone for any reason within their first two years sounds awful to me.

Your doctor signed you off for 10 days with a cyst…?

A RUPTURED cyst. At 7.2cm this can be quite risky and excruciatingly painful. Most get better within a few days but 7.2cm is significant and may well have taken longer. Rest is important with a ruptured cyst of that size.

Are you still in your probation period.

I would, in your situation, be cautiously hopeful that if they were definitely going to sack you they'd have done it today. So I'd be as prepared as I could be to convince them that it was a) genuine illness, and b) not going to reoccur. At least then I'd know I'd given it my best shot.

I wouldn't put too much emphasis on it being 'out of my control' though, that runs the risk of coming across as 'it's not my fault!', which while of course it's not your fault you were ill, does sound a bit like not taking responsibility and might get their backs up a bit. Far better to acknowledge the impact it's had on your training and your attendance figures, and try to assure them that it's out of character and you're taking it seriously.

Definitely don’t say it’s a one off if you have a follow up later this month.

You can’t help what happened OP and you know you didn’t do anything wrong. What does your employment contract say about your probation period? Are you still in it?

Even before Covid, I had situations where GPs responded by saying they were unable to prepare reports due to workload. It wasn’t unusual back then to wait three months either. The main reason for requesting a GP report is to establish whether they consider the (usually long term) absence is disability related; long term prognosis and possible return to work timescale if the employee is off. The employer can then consider whether reasonable adjustments are appropriate (and so essentially fend off a potential disability discrimination claim) before taking any further action. Also ofc to see what support they can offer etc, and to help facilitate the employee back in the workplace (in theory at least).

In this case, from the little we know here it sounds like a one-off medical incident and not linked to an ongoing condition. For this reason, I wouldn’t refer to Occ Health either. Even if they believe the absence to be genuine, if it’s not disability or pregnancy related they could dismiss in the probation period without much risk to themselves at all.

Unfortunately 10 days off during probation (three weeks including shut down) is not great, however harsh that may seem. In my honest opinion, I think you should have aimed to return sooner to show commitment to the role and the team, especially just before Christmas.

I've worked for ruthless people. I really wouldn't take suspension as a positive sign. More likely they're getting ducks in a row or lining up someone else to deliver the news.

It doesn't matter if OP is in probation period or not - under 2 years service they can dismiss without following a process if they want.

Unfortunately, I agree.

I can't believe your GP signed you off for 10 days and offered more.

The pain is excruciating I know, but it also eases sometimes just as quickly, especially with a simple cyst.

Did you need 10 days OP, seriously, or were you just taking advantage of being offered a 10 day break? I assume you would have said if there were complications and it does sound like you don't like your job or boss. Perhaps this job isn't the right 'fit' for you 🤷‍♀️

Suspension with no good reason is not looked at favourably by the tribunals. It is a last resort that should take place only if continued attendance is a risk to an organisation.

Suspension should always come with a reason. If you have been called to formal meeting you are entitled to know why in advance. You are also entitled to be accompanied.

You need to ask formally why you have been suspended and what is the purpose of the meeting.

The issue is the OP doesn't have grounds to take the company to a tribunal, unless she's been a victim of discrimination. She hasn't worked there long enough for unfair dismissal.

they gave me it due to the pain I was in and the bleeding they said if I was in any pain and not fit to go back in the new year then to contact them and they can give me more time if needed I don’t think you understand the pain I was in!

I appreciate that @hellojelly. Nevertheless it's very poor practice.

Hmm - sounds to me like actually, that cyst was part of your suspected endometriosis, which may well come under the definition of disability. (My endometriosis causes disability as defined in the Equality Act 2010.)

The warning bell for me is that from what OP has said, there’s no real justifiable cause to be suspended. There’s no accusation of bullying or theft, for instance. So all the suspension really serves is to remove them from the business ahead of their meeting with HR in a couple of days’ time.

Dear OP,

You need to research your rights now!

If you are not in a union then do it now and take them with you to the meeting, in fact do not go in to the meeting at all without anyone with you!

I know this from experience OP.

HR are there to look after the company and not you!

This happened to me but I researched and I fought and I held my ground and I took it to the TOP and in the end they gave me what I wanted, and deserved, and I was happy to leave anyway as they were a bunch of See You Next Tuesdays!

Good Luck!

x

Sounds terrible. Can't believe so many think this acceptable or are questioning you taking the time your GP signed you off for. Workers rights are bekng more and more eroded in this country.

If I were you I would take copies of your appointment notes and the sick note and look up the company sickness policy. Ask your employer what the alternative to following medical advice should have been.

OP would have to prove she met the conditions to be classed as disabled at tribunal. What would be the point of going through all the stress and expense of a tribunal case over a job she's been on for 2 months? There's not going to be some mega payout.

Can you give a clue as to what type of company it is OP as this will help us find the right answers for you ...

I am baffled as to how many people are not in a union!

x

What rights? She's been there significantly less than 2 years.