I was wondering if anyone could please provide me with some advice or point me in the right direction.
My partner got diagnosed last year with remitting relapsing MS, going through her medical history she has unknowingly had a relapse every 5 years. She took her last relapse on Christmas Eve 2011 and has just about recovered from it now. Her relapse’s are very long.
Anyhow, she works for the civil service and has received a written warning for inefficency due to the length of time on sick leave. Bascically if she has 1 more sick day within 2 years she will be given a 2nd written warning and then if she has another in the 2 years following that she will be dismissed. This is what I am looking advice on.
Maybe I am wrong but surely absence due to disability cannot be seen as the same as normal sick leave. I have been doing some reading and read about disability leave being treated differently to normal sick leave. Though this information is quite skethcy.
This has really been a low blow for her just when she is starting to get back on her feet, she actually returned to work on a phased return about 2 months before the doctors advised and her sick record is exemplory, except obviously for the 3 relapses she has had in the past 8 or 9 years.
Has anyone experienced anything similar or provide me with any information. I am absolutely furious that she has been treated this way and we intend to fight it, purely on grounds of principle.
Don’t panic. This is a shot in the dark on my part, and apologies if I’m wrong, but could this possibly be an automatically generated letter that has misfired? It happens. There is no way a person who is (no doubt) in close contact with line manager, HR, and Occupational Health, as your partner surely must be, should get a letter like this out of the blue. I am keeping everything crossed for you that this is just a simple mistake. In any case, it is probably worth a good chat with boss/Occupational Health/HR just so your partner is absolutely clear where she stands, under which policy her attendance is being managed (i.e. as a capability matter rather than a disciplinary one) and how her employers intend to support her if her health runs into trouble again. I hope they are able to reassure you. Alison x
I know all about the way they operate having been subject to it myself. Get Welfare involved - the sooner the better, its what they are there for after all. Are work aware of her condition? If so, any absence because of it can be, and should be, discredited. Speak to immediate line manager regarding discrediting the absence, and, if you get no joy, move further up the chain. But contact Welfare anyway.
Oh, another thing, remind Welfare of the Disability Discrimination Act too (they’ll be aware of it anyway, but if you let them know that YOU are aware of it it will make a difference) Throw the DDA at your line manager too - if only to just see them squirm!
No; no; no; totally wrong in fact illegal. I tend to err on the side of it being a mistake as a large employer like them should know better. I can’t see HR being involved; probably some jumped up little squirt of a manager trying to make a name of themselves,
Or DIAL http://www.dialuk.info/ that will have the greatest pleasure of contacting her employers and putting them straight. This type of error should not happen; your daughter must not be put under stress and an apology must be given.
Yes, sorry, as Annon said - Equality Act 2010. Bloomin’ Government changing things all the time! Under said act you are classed as disabled and automatically meet the disability definition from the day you are diagnosed with MS.
I am also a civil servant (MOD) who has had loads of time off with my MS. They cant do this to your partner - when I was off with one really bad relapse I got an automatic letter which scared the beejees out of me. But - when I spoke to my immediate line manager he was able to sort it out. MS is covered by the DDA - and now, if I have anytime off for anything to do with my MS (be it a relapse or a last minute day off due to fatigue etc etc) it does not go on my record at all. I also had back up from my union just in case.
Under said act you are classed as disabled and automatically meet the disability definition from the day you are diagnosed with MS.