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On level 3, sickness and diarrhoea again. What are my rights?

46 replies

Errolwasahero · 19/01/2024 08:37

I was ill a lot last year with s&d, my ibs seems to be really susceptible to a whiff of it anywhere. Our policy is the 48 hour rule as I work with vulnerable people.

They’ve said one more day and I’ll be hauled in, but I need to phone and tell them this morning. I’m in the union, what can I expect please?

OP posts:
RowanMayfair · 19/01/2024 09:22

MyheartgoingBoomBoomBoom · 19/01/2024 09:19

I feel for you OP. I’ve had IBS for 25+ years, if I pick up a stomach bug (which others seem to recover from within days), my guts will be off for weeks. People seriously have no idea how shit (literally) this condition is. It is so unpredictable, can be fine one day then completely off the next.

Sorry, I can’t offer any advise work wise as I now work self employed as I had to completely rethink my whole career which was destroyed by this condition.

Edited

It's an awful condition for sure but OP isn't avoiding work because she's got symptoms she's avoiding it because the policy is 48 hours off after a D&V episode but when you have IBS you aren't contagious and should be medicating and going to work as usual. She is misapplying the policy to herself and her own condition and risking her job by doing so.

gamerchick · 19/01/2024 09:23

Ibs when it's kicking off as well as making you crap 3 times an hour, can make you feel really sick

Use some imodium. That's what it's there for.

Justwrong68 · 19/01/2024 09:25

@Errolwasahero
IBS can be really tough and it's different for everyone. I would ask your employer to help with your health. It sounds like you need to overhaul your diet and stress levels. Also, gaviscon is your best mate.

KateyCuckoo · 19/01/2024 09:28

MyheartgoingBoomBoomBoom · 19/01/2024 09:17

You so very obviously have zero idea the hell which is IBS.

IBS doesn't need you to take 48 hours off work after each bout... it's not contagious! This is why her attendance is so appalling. And all she's worried about is her 'rights'.

NYName · 19/01/2024 09:42

If you're not being sick then it's very likely your IBS
This is a long term condition which you have to live with and IBS is not infectious. Provided you have easy access to a toilet at work then I would definitely be going in.

Otherwise you risk being put on a warning that your sickness absence is unacceptable and if it doesn't improve you could be dismissed.

Twitchie · 19/01/2024 09:45

IBS doesn't need you to take 48 hours off work after each bout... it's not contagious! This is why her attendance is so appalling. And all she's worried about is her 'rights'.

If you have diarrhoea you can shit yourself if it comes on quickly- it's not just about being contagious. Only op knows how bad this bout is.

Ineedanewsofa · 19/01/2024 10:07

It depends on the type of job - I can still go into the office (or wfh) if my IBS is bad because I’m never far away from a loo. I’d never be able to do any job that involved me being unable to access a bathroom for hours at a time.
Having said that, sounds like OP has misunderstood that the D&V policy really relates to bugs, not D caused by long term health issue that is IBS. In their shoes I’d ask for a occ health referral

Neriah · 19/01/2024 10:22

Taking the heat out of this, it's pretty straightforward.

The OP's employer has a sickness management policy. Due to substantial amounts of sickness the OP is in stage 3, which I would assume is (because it normally is) the last stage of the process. On that basis what they might expect is that the employer will soon, if they are not already, be seeking to terminate the OP's employment. Making the assumption that the policy conforms with legal requirements and the employer has ensured that they have taken appropriate steps to provide support that may be required etc., such a dismissal would likely to lawful.

NotARealWookiie · 19/01/2024 10:30

You could talk to your employer about and OH assessment for support. Make your health needs more transparent and develop a plan.

Currently you probably don’t have d&v, you’ve got ibs and it can make you feel nauseous but it’s not contagious. I’ve got ibs so I have some sympathy but there are days where you have to take immodium and crack on…

Dependabledentures · 19/01/2024 11:04

I feel like some people are confusing a wee bit of loose bowels with extreme chronic diarahea . Ibs is also a disability potentially covered by dda. So sick leave related to it may be excluded. As someone who just had two weeks of ibs diarrhea i sympathise <a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.theibsnetwork.org/assets/files/pdfs/Managing-IBS-at-Work-4pp-A5-WEB.pdf&ved=2ahUKEwjtp77epumDAxWdX0EAHUzZDyQQFnoECBAQBg&usg=AOvVaw3KXkls-mZpbCWRUVzD2h58" rel="nofollow" target="_blank">Ibs at work

https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.theibsnetwork.org/assets/files/pdfs/Managing-IBS-at-Work-4pp-A5-WEB.pdf&ved=2ahUKEwjtp77epumDAxWdX0EAHUzZDyQQFnoECBAQBg&usg=AOvVaw3KXkls-mZpbCWRUVzD2h58

regenerate · 19/01/2024 12:28

did you go in?

strawberryandtomato · 19/01/2024 12:30

You shouldn't follow the 48 hour rule for IBS related dirrehea. It's not contagious. But only go into work if you feel well. What's triggering your IBS. I would work on getting that under control

Redskyatwhatever · 19/01/2024 12:44

I have IBS and when I’m having a really bad spell, maybe once a month, I just swallow loads of Imodium and get on with it and don’t eat anything while at work. Having said that I work in an office with easy access to a toilet, my IBS totally dictates what sort of job I can do. During Covid I was moved offices for 3 months and the stress of not having easy access to a toilet sent my IBS into free fall, I went from not having to take Imodium on most days to having to take 6-8 a day just to get through, in the end I got signed off by my GP for two weeks and then got moved back to my usual office. S & D is very different from IBS which can make you feel a bit sick and dizzy if it is extreme. I have never had anytime off for my IBS in 5 years whilst working in my usual office.

PermanetlyTiredPigeon · 19/01/2024 13:14

From what you've said you need to get to work, you're not sick.

hellojelly · 19/01/2024 14:42

Dependabledentures · 19/01/2024 11:04

I feel like some people are confusing a wee bit of loose bowels with extreme chronic diarahea . Ibs is also a disability potentially covered by dda. So sick leave related to it may be excluded. As someone who just had two weeks of ibs diarrhea i sympathise <a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=www.theibsnetwork.org/assets/files/pdfs/Managing-IBS-at-Work-4pp-A5-WEB.pdf&ved=2ahUKEwjtp77epumDAxWdX0EAHUzZDyQQFnoECBAQBg&usg=AOvVaw3KXkls-mZpbCWRUVzD2h58" rel="nofollow" target="_blank">Ibs at work

No, but even if it's covered as a disability under the equality act you can still be let go if you can't do the job despite reasonable adjustments. What's reasonable here, I don't know.. but if the OP can't work as often as it seems it might be dismissal anyway.

Riverstep · 19/01/2024 14:55

It sounds like you need another trip to the gp for advice on how to better manage your chronic condition and symptoms. You are at risk of losing your job.

Errolwasahero · 19/01/2024 15:43

Loving all the diagnosis on here. Thanks.

to repeat, I happen to have a bit of ibs. It doesn’t impact my work; I never need Imodium I occasionally have some buscopan if it’s problematic. This episode wasn’t ibs, it was due to a bug. I know and my doctors know what my ibs looks like. It is entirely possible to have just the d without the v, which is why our policy states do not go in if you have either.

I checked the policy with work and told them I was happy to come in, but they were completely fine with it and actually laid my mind to rest and said it wouldn’t be included. They know I don’t take the piss.

OP posts:
regenerate · 19/01/2024 15:47

your IBS never. impacts your work. That is unusual.

And reread your OP…. your employers approach to today is a touch different to what they said would be the case and you conveying the impression they are very frustrated with your absences

regenerate · 19/01/2024 15:49

They’ve said one more day and I’ll be hauled in,

versus

I checked the policy with work and told them I was happy to come in, but they were completely fine with it and actually laid my mind to rest and said it wouldn’t be included. They know I don’t take the piss.

quite the turnaround

Errolwasahero · 19/01/2024 16:03

Just to add, to those who were trying to be helpful, thank you. I’m sorry your condition is that bad.

OP posts:
SunshineYay · 19/01/2024 17:54

Errolwasahero · 19/01/2024 15:43

Loving all the diagnosis on here. Thanks.

to repeat, I happen to have a bit of ibs. It doesn’t impact my work; I never need Imodium I occasionally have some buscopan if it’s problematic. This episode wasn’t ibs, it was due to a bug. I know and my doctors know what my ibs looks like. It is entirely possible to have just the d without the v, which is why our policy states do not go in if you have either.

I checked the policy with work and told them I was happy to come in, but they were completely fine with it and actually laid my mind to rest and said it wouldn’t be included. They know I don’t take the piss.

It's probably your diet. Do you eat/drink artificial sweeteners? Or lactose? You should see a doctor if you're off work so frequently.

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