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  • Another employment/job thread
  • trailwagger
    Free Member

    Seem to be so many on here, thought I would share my wife`s story to get third party opinions.

    Wife works in a school as a family support worker.
    About 18 months ago suffered severe pain (enough to call an ambulance in the middle of the night) in her right hand side just under ribs. Paramedic explained thats her gallbladder and go see doc.
    She was in and out of docs many times and had regular bouts of pain every few weeks for about 12 months before finally getting a diagnosis from GP of gall stones.

    During this year she had quite a few days off work when she had the bouts of pain.

    Headmaster at the school, had an official meeting and during the meeting told her if she had more than 2 days off sick in the next six months she would loose her job (this was before the diagnosis).

    Now she has an official diagnosis, and is on a six month waiting list for an op to remove her gallbladder.

    The head is still being a total Kn*b and threatening her with loosing her job. She now has to see an occupational therapist.

    So my question to those that may know employment better than I…

    Can he do this, if she has a genuine illness/diagnosis? It seems like victimisation or maybe constructive dismissal to me.

    jamj1974
    Full Member

    Sorry, can’t help on the legality but he is obviously a very nasty piece of work.

    cranberry
    Free Member

    Echoing the above, perhaps the question should be – does she want to keep working with a boss like him ?

    ( assuming that her skills are easily transferable to another school )

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    fin25
    Free Member

    In order to sack her for misconduct, the school would have to prove misconduct. If she has been ill, then there is no misconduct. If, however, her illness affects her capability to carry out her job to the standards set out in her job description, there may be a case for ill health retirement. Given your description, I doubt the latter applies. I’ve had a few health issues this last year and I got one of them “attendance management” meetings where I was threatened with a written warning. I got my boss to say in a minuted meeting that he believed all my sickness to be genuine, then he had to admit that a written warning would not be appropriate. They’ve pretty much left me alone since then.

    sobriety
    Free Member

    Can’t help with the emplyment but

    and is on a six month waiting list for an op to remove her gallbladder.

    My colleague had his removed and it has **** himup goodstyle, his digestion is shot to pieces now. Apparently it’s pretty common but something the docs play down when they give you the options.

    If he had his time again he’d only have it out is an absolute last resort.

    tjagain
    Full Member

    All workplaces should have a sickness / absence policy – ours is called promoting attendence at work

    Various levels of sick leave trigger various things. In ours its 3 uncertified absence in a year ( ie less than a week each time) or more than two weeks in the year triggers a meeting with management to discuss the sickness, ascertain your fitness for the job and to see what management can do to help

    You can be found to be incapable of your job because of your illness.

    Many folk on both sides mix this up with disciplinary – it isn’t

    So the school should have this type of policy and that is what is being applied. To be sacked for your sick record is usually unfair dismissal. Its only if you are manifestly unable to do the job you can be terminated but only after attempts to find you suitable alternative work

    None of this however applies to your wife. Either the boss is being a bit nasty or as often happens she is getting the wrong end of the stick and hearing the bad news only

    Join a union FFS!

    tjagain
    Full Member

    The “more than 2 more days off” will be the trigger for the next stage of the policy which will probably be a meeting to discuss fitness for the post. Seeing occupational health ( not therapy!!!) is another stage in the process to see if she is capable of doing the job

    Its not constructive dismissal, no she cannot be sacked ( unless less than 2 years service)

    Sundayjumper
    Full Member

    She was in and out of docs many times and had regular bouts of pain every few weeks for about 12 months before finally getting a diagnosis from GP of gall stones.

    I know it’s a bit late now, but that’s terrible work by the GP. I had a bout of pain exactly like this, saw the GP *once*, was referred for an ultrasound, “yep, you’ve got gallstones”. Gallbladder was removed at the end of Aug and I’ve been fine since. I know exactly what that pain is like. Reassure your wife that it’ll be OK ! If she’s still having regular occurrences it would be worth contacting the consultant’s secretary directly to see if you can get bumped up the waiting list. The fact it’s affecting her job might be a useful factor to mention.

    As for the Head, I don’t think you can sack someone because they’re ill and waiting for an op to fix that illness. IANAL. Speak to Union Rep, HR, CAB ??

    trailwagger
    Free Member

    Ok sacked is the word. She is on a fixed term contract so all they have to do is not renew the contract right.

    Agree the GP/Diagnosis took far too long, almost 12 months before a scan.

    She is now taking co-codomol almost daily for the pain, and in the last few weeks has been on morphine as the co-codomol arent helping.

    tjagain
    Full Member

    Fixed term contract – nowt you can do if the service is under 2 years unless men have been treated differently.

    tjagain
    Full Member

    She should not be in that level of pain constantly. Get back to the GP and insist on action 12 months is one hell of a waiting list – there is a service in England you can find out where queues are shorter

    FunkyDunc
    Free Member

    She is now taking co-codomol almost daily for the pain, and in the last few weeks has been on morphine as the co-codomol arent helping.

    I would be speaking to the Consultant Secretary to see if she can be bumped up the list. Being on Morphine should be good enough reason.

    She now has to see an occupational therapist.

    Sounds fair enough from an employer point of view. Sounds like to me they are covering their backs for when they do not renew the contract.

    tjagain
    Full Member

    edit – posted on wrong thread

    geetee1972
    Free Member

    Unequivocally you can be dismissed for excessive absence due to illness:

    Reasons you can be dismissed – Government Info

    Sundayjumper
    Full Member

    But it says:

    Before taking any action, your employer should:

    give you reasonable time to recover from your illness

    Dismissing you before you’ve had the treatment required for you to recover doesn’t sound reasonable to me. You can’t just “recover” from chronic gallstones, you need to have an operation.

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