URGENT..can you offer any advice please?

Hi all. Please can anyone help me with this query. I live in the UK & have worked in a NHS hospital for 30 years. I have IST (inappropriate sinus tachycardia) & am due to go into hospital next Tuesday for EP study, probable sinus node modification ablation & possible pacemaker implantation.

I was off sick from work for 9 months last year due to the IST symptoms & the EP was trying to control my IST with various drugs.It took ages to get my symptoms under control.

I got back to work last December. I have now been off sick again since June, with the IST symptoms again. All drugs have failed....hence the procedure next week.

I had to go into work today to see the managers about my sickness & being off sick from work. I saw the Occupational Health Consultant at work last month & he was very supportive & positive. He said I should be back at work a few weeks after my procedure next week. My EP said that too.
Today the managers have said that if I'm not back at work by October they will sack me on the grounds of incapability!

Total shock to me...especially as the Occupational Health Consultant said I am classed as disabled under the UK Disability Discrimination Act. Can they sack me if I'm disabled & sack me because of my arrhythmia?

The managers were also asking me if they will put the pacemaker in next week if I need one or will I need more time off at a later date? I said I don't know until I have the procedure done next week.....I'll need a pacemaker if they ablate too much of the sinus node.

I'm very shocked....I thought there was a long procedure for sacking someone, especially with a disability.

All along I've told work I expect to be back at work a few weeks after the procedure so I don't understand where all this has come from today. I certainly don't need the worry & stress right now, a week away from the procedure!

Has anyone else had these problems with work? Can anyone please advise? Thank you.

Best wishes
Janey

6 Comments

Gosh, Janey

by janetinak - 2010-07-19 03:07:28

one of the worse things I have heard. I tried to send you a long answer but I lost it. So here's short version. I'd go back to the Occupational Health person & the Human Resources office & try & get some help. You should have some rights under the disability act in the UK. Wish I knew more about your laws. We have several members here from UK & bet they will help.

Let us know how it works out. You have enough to worry about w/o this.

Janet

Advice

by windway - 2010-07-19 07:07:19

Hi,

I dont think they can sack you, without going through a lengthy proceedure. Then if they did get rid of you it would probably be medical retirement on pension anyway with the service you have accrued.You need legal advice either free from a solicitor who will give it to you (try yellow pages for free advice) or have you thought of your union if you are in one. Maybe if not try the union rep for some advice just to put your mind at rest.
Good Luck

Difficult

by Genie - 2010-07-20 04:07:42

Dear Janey,

To sack you, they would have to prove you truly are incapable. If your illness is classed as a disability, this includes proving the have made all reasonable adjustments that might allow you to return to work. You can take them to tribunal. Talk to your union rep, or to the citizens advice bureau.

Sorry to hear you are having such a tough time. There is a good discussion on this issue I found at http://www.consumeractiongroup.co.uk/forum/employment-problems/167586-can-my-employer-sack.html

You might also think about visiting the governemnt site which documents your rights: http://www.direct.gov.uk/en/DisabledPeople/index.htm

Good Luck!
Genie

Union for support

by markjbaker - 2010-07-20 09:07:28

This could be the one time your union comes through. See your union rep, tell them the whole story. They will get you legal support and advice.

Union definitely

by Hot Heart - 2010-07-21 05:07:58

They can't sack you. They could offer you the option to retire on medical grounds. If you've worked for them for 30 years you've probably built up a fair size pension by now. Might not be a bad idea to take the money and run, you can always get a part time job then doing something you really like.

The citizens advice bureaus is good nowadays but If youre not in the Union JOIN IT TOMORROW!!!

Good luck

HH

Further Advice

by windway - 2010-07-22 06:07:12

There may be a problem with having a pacemaker and the equipment that you are likely to come into contact with during your work.
They should however be able to deal with your disability if they are classing you as having one, and offer you suitable work compatible with it.They must do this by law.
Please keep us informed,

Good Luck (Again)

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