Loosing job with crohns

[kev1986]

i got diagnosed over 2 yrs ago and have in that space of time had to spend several weeks in hospital over the last 2 years , in the last 10 months i have not had a flare up and everything seems to be going fine until last week , i have been with my employer 7 years and during these past 2 years they have issued me with several disciplinary actions from formal to written and the last one was a final written due to being in hospital and having time off for tests ops etc, they have access to all my med records and i have seen there own Dr to clarify all what i am saying is true but they still proceeded with disciplinary action on grounds of time keeping, now i have been issued a letter today about a meeting on the 10/12/13 i need to attend regarding termination of my employment with the company, and this last spell i was at work and refused to go home because i was on a final written warning and it was the MD that sent me home for being so unwell so i cant win .
any advice would be greatly appreciated as i feel helpless and i have done everything by the book and gone down the proper avenues with work but feel as if i am loosing the battle and if i loose my job i am worried about finding another when i have to now disclose i have an IBD

 

[mccindy]

Is it legal in the UK to fire someone who has medical problems? I know in the US it's very illegal and the person facing termination has the right to sue the employer. It's a pretty big deal and most employers here will do anything to accomodate people to avoid the lawsuit. If it is illegal there as well, and you have all your documentation in place, I'd say it's time for you to seek out the counsel of a good attorney.

 

[kev1986]

hi as far as i am aware and i have done a lot of research and i think it falls into the category of discrimination of disability/illness act but my company is a massive worldwide business and i thought they would know there stuff but they seem pretty solid about what they are saying i have spoke to acas and citizens advice today and they have advised me to just attend the meeting to see what they have to say and then either appeal against the decision or take it to a employment solicitor for them to take them to a tribunal

 

[SarahD]

That sounds like discrimination to me, Crohn's is covered under the disability discrimination act so they shouldn't be able to fire you just because you have Crohn's and have had to take some time off due to it, it's illegal. Crohn's Colitis UK have an info sheet for employers and part of it discusses discrimination, could you print a copy and give it to your boss, or whoever is going to be conducting the meeting? They also suggest that absences caused by a disability should be counted separately from absences caused by things like colds, flu, etc. Whether you can get your employer to take any notice is another question. Maybe threatening them with legal action could make them see sense?

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

 

[kev1986]

hi all just an update to say that after going in meeting with all my drs notes and hospital discharge letters , sick notes etc they have terminated my employment as they feel as if they have showed reasonable adjustments by letting me have 1 day off per 3 months of the year for my disability
atb
kev

 

[mccindy]

Definitely time to seek legal counsel. Don't let this go, it sets a precedent.

 

[SarahD]

Im so sorry to hear that I agree with mccindy about seeking legal advice, if you have the energy to fight the decision. 1 day off every 3 months isn't much time off even for someone without a disability.

 

[Trysha]

Kev
Don,t let them get away with this, take it to a lawyer soon as possible.
They may think they are smart but the law is the law.
Of course you could take it to the Daily Mail---
Feel better soon
hugs and best wishes
Trysha

 

[Kev]

Kev

Sorry to hear this happened to you. It happened to me as well, many years ago now. At the time I was devastated. They pulled the rug (as well as salary, perks and health benefits) out from under me. Just when I needed (or thought I did) them the most.

Fast forward. I have a good job. What I earn now doesn't compare to the money I took in back then.... but, that past site was a toxic environment.. largely responsible for my illness (my belief). whereas I enjoy going to work now. That difference is amazing.

I can't promise you the same outcome, the same scenario... but it has been my lifelong experience that when one door closes, another opens, and it often is for the better.

the other Kev (the original)