OT anybody work in HR - sickness related

[RuthG]

I was wondering if anybody could offer me any advice please.

I'm a nurse, and I work in an A&E department. I've been there since July 08. In April 08 I ruptured my L5/S1 disc, causing me to be off work for 6 weeks. When I returned I was put on a 100% attendance target for the next 6 months. Fine, had no more sickness, and I'm not one to swing the lead anyway.

In November of 08 (after meeting the 6 month attendance thingy) I re-injured my back in a near miss RTC, I had to do an emergency stop from approx 40mph. I was off work for 2 weeks. I returned to work, and about 4 weeks later i was sent home with a temp of 38.2 and feeling really ill, only to develop flu, my temp remained around 39 for about 3 days. March 09 I had day surgery on my spine, signed off for 2 weeks. April 09 I had toncillitis, off for 2 days - returned to work and faced another meeting and another 6 month attendance thingy. For the last 6 weeks or so my back has been getting worse and worse, resulting in numbness in my R foot. Last sunday, I went to mow my garden, and my back 'went' again. Went to GP on Monday, prescribed codeine and diazapam, which I'm taking along with diclofenac. Phoned in sick for the week, and now I'm technically on annual leave. I've just spoken to my manager, who couldn't have been less compassionate, and explained that I am not fit for work, but as I'm on AL should I still declare it as sick, and she said it has to be declared as sick - fair enough. I'm going back to my GP tonight to see what he says.

The thing that is really worrying me is am Iikely to be disciplined? I think at best they are going to try and redeploy me into a non - clinical role, which I'm well aware they have the right to do. My issue is this; there are 3 other members of staff who have 'conditions' that can prevent them from working, one of which has regular time off, but only works 12 hours a week, I'm sure she is not on an 100% attendance for 6 months target, one of the other 2 has a similar problem to mine, just a different disc, which means that she can't do a lot of stuff at work, which means it falls to the other 2 nurses at work, the other member of staff has rhuematoid artheritis, and is also limited as to what he can do..... None of these have faced re-deployment and I'm sure are not on a 6 month 100% attendance target, would I be right in thinking there is a discrimination issue here?

 

[cherylxx]

i would say it looks like u do have grounds for discrimination.
please dont be tempted to return to work before u are fit to as this is no benefit to anyone, least of all, you.
take good care of urself and go back and face it when u know ur ready.
there are always good solicitors out there ready to fight in the corner of a discriminated employee should it come to that.
i think the fact u have been there little over a year is what they will be holding against you, however, your reasons for absent are obviously just and true and were obviously proven.
i think i would be tempted to speak to an employment discrimination solicitor and discuss in depth the situation and get some needed advice.
try not to worry too much over it all though as this in itself can lead to further illness. u r obviously strong judging by what u have already been through and yet have continued to try working and not signed off as sick .
the way things sound it would appear that you are a much better employee than they are an employer.

 

[RuthG]

Thanks Cheryl, considering Iwork in the caring profession, I don't feel very cared for! I'm in a union, so I'm tempted to speak to them before returning to work, i'm due back in 2 weeks.

 

[cherylxx]

i would definately speak to a union rep ruth. My hubby is an usdaw union rep.
they should definately be able to help you and if u speak to them before ur return they can put the feelers out to see how the land lies.

 

[lunar jim]

Sorry to hear you are having a rough time. Things where I work are pretty good with regards sickness absense, but many years ago I worked in a call centre and they were a nightmare when it came to sickness; every time you were off you were treated with suspicion, as if you were taking the mick. Because there was so much 'truancy' for want of a better word. And Mrs LJ works at a call centre now and it's just the same...

Can't offer you much advice I'm afraid, but I suggest you do try and get your annual leave back. If your manager insists on it being declared as sick then you are sick, not on leave! They can't have it both ways... Maybe this will sway your manager to allowing it to go through as annual leave after all

 

[Tracey1404]

Hi hun - I'd get advice from ACAS www.acas.org.uk they were really good when my nephew was unfairly dismissed one month after his official apprenticeship ended (blatantly obvious they didn't want to pay full wages). Managed to get all lost time paid between termination and finding new job. They excel at arbitration, and might even find someone to speak to HR department on your behalf before it goes any further. Tx

 

[RuthG]

Thanks all. I've tried to get an idea of whats happening by texting one of my friends who is one of the senior sisters in the department, but she hasn't said much, which makes me think she's hiding something.

 

[IslandBreeze]

Definitely talk to your union and get them to help you out. Sooner rather than later - your employer will probably start backing off a bit once they know the union is involved. Hope you're feeling better soon.

 

[Starlight]

It might not be as sinister as you think, I had a similar thing put in place when I went back to work after being off for 5 months - started off as stress, then my dad died. They looked back my attendance record and agreed that the absences I had were unrelated (flu, food poisioning, hurt in an accident and a migraine). At my work it seems these reviews are standard but theyre designed more to address persistant absences with the same thing (failing to come in cos youre hungover etc) and they also have to look at it that if youre off often, is there an underlying problem that theyre not aware of.

I was really worried but spoke to a very understanding Inspector at work who assured me they werent 'out to get me' it was just theyd be remiss if they overlooked absences incase I had job related issues.

Is there someone in HR or in management you can speak to to maybe get more infor about the hospitals policy???

 

[RuthG]

Thanks all, I'll be speaking to my union rep tomorrow, see what they think, it can't hurt to get the ball rolling can it!