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Not sure if this is correct...

11 replies

TheJackoLanternMuggle · 24/10/2008 08:37

I've been working for this company since beginning of sept, i've had 2 occasions off sick, due to a sickness bug and tonsilitus, i was also sent home 30 mins before the end of my shift a week ago for hurting my back whilst lifting a box. Now the company have said even tho i have docs records to prove i was ill, and they've got my condition noted down about my back and hips, if i'm sent home again or go off sick they will sack me. I have docs records to prove i was off sick for genuine reasons, can they actually sack me? esp when on 1 occasion they sent me home, i never chose to go.

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TheJackoLanternMuggle · 24/10/2008 08:38

at the moment, i have a chest infection too, i will have to go into work later, as can't afford to be sacked.

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flowerybeanbag · 24/10/2008 08:43

If you've only been working their since September you have very few rights I'm afraid, so they could sack you unless you either feel you are being discriminated against in some way, which sounds unlikely unless your condition about your back and hips is a disability.

The only other protection you have is against being sacked for either raising a health and safety concern or refusing to perform a task which isn't safe.

Other than that, how genuine an illness is doesn't matter at this stage.

Have they actually said that you injuring your back when lifting is one of the things they are considering dismissing you for?

TheJackoLanternMuggle · 24/10/2008 08:51

flowery - if i take any time off regarding my back or am sent home for hurting my back i will get the sack.

i have to have cortisone injections directly into my hips and spine in 2 weeks, and for 5 days will be quite immobile - which they know about, i however am not allowed time off work for this, as they have a policy regarding holidays if you dont put your requests in by end of week 35 they will book it for you, and as i only started 2 weeks before i think thats unfair i mean when do i know when i want a holiday day off! so as they've already booked them i can't rearrange.

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TheJackoLanternMuggle · 24/10/2008 08:52

i have trochanteric bursitis which the condition for my back and hips.

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Ivvvvyygootscaaared444 · 24/10/2008 08:53

What health and saftey have they given you for lifting?

flowerybeanbag · 24/10/2008 08:56

They are allowed to tell you when and when not to take your holidays. You would need to be signed off sick for those 5 days.

Have they given you manual lifting training?

Do you consider your condition to be a disability?

TheJackoLanternMuggle · 24/10/2008 09:01

when i lifted the box i twisted funny, and jarred my back.
My condition does limit how far i walk etc, as to much exercise aggravates it, but its not considered a disability idont think.

If i get signed off tho, means i'm taking time off sick, so surely i'll get sacked?

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flowerybeanbag · 24/10/2008 09:23

Well yes. I'm just pointing out that they don't have to let you take holiday then.

Did you have manual handling training?

TheJackoLanternMuggle · 24/10/2008 10:33

true.

Not really by them no, but i have in previous jobs.

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flowerybeanbag · 24/10/2008 11:36

I think you're in a difficult position tbh.

As I said, they can't sack you for raising a health and safety issue, but I don't get the impression you've done that? They can't sack you for refusing to do something unsafe, but, again, I don't think you've done that?

It would certainly be extremely bad practice to sack someone in your circumstances, but at this stage in your employment, they don't even have to give you a reason if they sack you so it would be very difficult for you to challenge it at all I'm afraid.

TheJackoLanternMuggle · 24/10/2008 12:59

when i hurt my back it wasn't put in the accident book or anything, and TBH i'm worried about raising any issues incase i lose my job, i've started looking for something else already.

Thanks Flowery advice much appreciated

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