Possible Dismissal Due To My Level Of Sickness

[OfW0lfAndMan]

I had to go to a meeting with a manager due to me exceeding the permitted level of sickness. I have already been given a written warning for this and now I have been told my case has been referred to a decision maker (senior manager) to see if my sickness level can be supported. I have passed the mandatory period of 6 montghs without any sickness, but my employer has what it calls a ''backsliding period'' of 12 months. During this time if I exceed the permitted period of sickness, the next stage comes into play. Which is what has happened to me.

I have suffered with depression for the last 7 years and have had several periods of sickleave from work, the most being 6 months. I recently returned to work after 9 weeks off again. I had been told by my line manager that if I didn't return, my case would be referred to a panel, to see if my absence can be supported. This is something I would not be allowed to take part in. The outcome of this would be either demotion or dismissal. Following continuous pressure from my line manager I felt compelled to return to work, even though I wasn't ready to return and against my GP's opinion as well. I have been taking part in regular stress risk assessment meetings to try and help me stay in work, which have worked to a point. I have to be honest and say I find it very difficult to do my job and be in the building. I have told management I put on a mask for the sake of getting through the day, but I am finding it increasingly difficult to go in each day. I have told management I am looking for another job.

I have a letter from GP to help me fight my corner but feel work won't take much notice of it. When I explained things to my GP he offered to sign me off again, but I had to refuse it because it would have resulted in me being dismissed.

What I want to ask is can I be dismissed due to my level of sickness, even though I have returned to work? If so, what rights do I have? I am finding this whole situation very stressful and it is not helping my depression at all.

[Emmzzi]

you could be dismissed for sickness. However

- you have an underlying condition

- which I am assuming they know about?

- which has lasted (and is expected to continue to last) for a period of 12 months minimum

 

I reckon (and I can only reckon as an ET would decide but it's a fair bet) that this is classed as a disability under the equality act.

 

I would ask for an occ health referal to discuss reasonable adjustments, once of which may be slightly more leeway on absences as well as things like eg flex on start times on your bad days.

 

What is it about your job that makes you stressed, that would not happen in a different job?

[OfW0lfAndMan]

Update: I am now getting help from my Union Rep which is a great relief. Due to this, and to give him time to familiarize himself with my case, the meeting has been put back until 29 August.

 

I have had an occ health report done and they say I am covered by the DDA and they cannot accurately predict any future sickness absences due to the nature of my disability which was the specific question my employer was asking.

 

As for a different job, believe me the stress I am suffering in my current job would not reoccur in a new one. All I can say about my current job is that I am a public servant, which is all I am not allowed to say who I work for.