Employment Dispute and Crohn's

[Crohns85]

Im looking for advice from anyone who has knowledge of disputes with work.

Im currently having trouble with the company that I have worked with for a year and a half. Since the day of my initial interview, I notified them that I have Crohn's and that although it is currently stable I can get flair ups.

Unfortunately, I have recently had a flair up which has progressively gotten worse over the past month, not helped by stress enduced from my working environment and some personal issues. I have tried to attend work as much as possible and constantly kept work updated in terms of how I was feeling, doctors appointments, tests etc. Where possible I have given them notice of time I will need off, but a few times I have had to leave work early as I was feeling extremely unwell. In total I have had almost three weeks dispersed over a month off. I recently got signed off by my doctor and have been given a sick note for two weeks.

The company I work for are now threatening to let me go if i do not attend work, regardless of my medical condition and the doctors note. I have recieved an official verbal warning and was advised by the company to book time off if i needed to recover. I did this for the past week and they are now telling me that because they did not sort anyone to cover my tasks that I am in the wrong and that I must produce them with doctors appointments for every day that I was off ill or left work early due to my illness. As all sufferers from any long term illness know, you do not visit the doctor every day, so I cannot supply all this information.

The company are now progressing to issue me my four weeks notice. Is this correct procedure? Can they do this? What can I do about this as I feel it is completely discriminate when it is a certified medical condition that I am having time off for and I have never kept it a secret from them.

All feedback will be much obliged.

 

[Rebecca85]

Are you a member of a union? If so you need to contact them and let them know the situation. If not, you could speak to Citizen's Advice, as they will know the law regarding this.

As for whether or not they are allowed to do this, firstly it depends on the size of your company. Companies are expected to make 'reasonable accomodation' for a disability (which Crohn's may fall under in UK law), however what is reasonable will depend on the size of a company (so bigger companies can be expected to provide more accomodation than a family run corner shop for example).

Also, although an employer is not allowed to discriminate against you because of a disability, if you are no longer capable of actually doing your job then they are allowed to take steps (just think how ridiculous it would be if a surgeon lost the use of his hands, so was unable to perform surgery, and they had to keep employing him anyway!). Not firing (as they seem to be trying to do to you), but making redundant with appropriate severance pay etc. However, they must show that they have tried to accomodate you, and dispite this you cannot do your job at all.

So applying this to your situation, you say that your current flare up is made worse by working stress. Do you have any medical documentation to say that stress is negatively affecting your work? Have you discussed this with your bosses? And has there been any sort of accomodations made for you, for example reducing your work load, delegating some tasks, or part time or flexi time work?

 

[Terriernut]

See this thrhttp://www.crohnsforum.com/showthread.php?t=16936

Employer problems in the UK.

I think you will find that you ARE covered under the DDA act of 2010, and therefore what they are doing to you is against the law! That won't keep them from doing it, but it will get them a hefty loss at an employment tribunal. Please do what I just did, join a union!

Misty

 

[bushydougie]

You could also get in touch with Crohn's and Colitis UK. When I have phoned them on matters to do with work they have been very helpful and will maybe know more specifics with regards to CD and work than other places.
http://www.nacc.org.uk/content/contact.asp
As Misty has said above you should be covered by the DDA so get in touch with as many people as possible and fight this!
Let us know how you get on
Sam

 

[Rebecca85]

The NACC also have a good information sheet that might explain things a little more clearly!

http://www.nacc.org.uk/downloads/factsheets/employment.pdf

 

[Rebecca85]

Oh and another option might be, as you have had so much time off recently, you might benefit from an agreed sabbatical, where you stay off work (and get sick pay, or SSP, or possibly benefits), they arrange cover for your job, but they agree to keep your job open for x amount of time. So you have time to rest, destress, and hopefully get the flare under control. I went part time like this, as I was struggling so much with work and stress, I have had a term of working just mornings. It did me the world of good, and I did not need to take any time off durimg that time.