Arthritis Forum
Home.

News.

Personal Stories. Links. Message Board.  
Arthritis Forum  
Add your comments to this topic Start a new topic
Date: 07.08.2011
From: Sian

Subject: Cause for concern ... I need to know my rights

Hi All,

Firstly I just want to say thanks to all of you that gave your advice and support through my flare up last month. I felt like I was going crazy.

I have returned to the wrath of my deputy manger ( reported her to OD for harassing me while I was on sick leave). She has informed me that due to having three absences in the last six months ( this last one due to a very bad RA flare up) I need to have a ' cause for concern ' interview. Now I was under the impression that no kind of action ( only supportive) could be taken if absences was a cause of disabilities under the disability act.

Am I chatting pie ? Or am I right in thinking they should disregard this sick leave?
reply | back to forum

Date: 07.08.2011
From: Richard

Subject: Re: Cause for concern ... I need to know my rights

Hi Sian. This is what it states on the NRAS website.

"If you take sick leave due to your RA, employers should disregard these absences when they consider any disciplinary issues, performance measures or selection for promotion or redundancy. However, you are subject to the companys normal sick pay policy. "

and here is the link to the source..

http://www.nras.org.uk/about_rheumatoid_arthritis/living_with_rheumatoid_arthritis/employment_benefits/your_employment_and_rheumatoid_arthritis.aspx

Hope this helps. Richard
reply | back to forum

Date: 07.08.2011
From: davina

Subject: Re: Cause for concern ... I need to know my rights

I would look on the direct.gov web site for more information and go to your local cab.
tell your employer that you want some advice before the meeting so if you can't get an appointment before the date they state tell them you want more time to get your rights.
also speak to your head office hr they may also help. Hope all goes well and keep us dated. x

good luck
reply | back to forum

Date: 07.08.2011
From: Dilizjo

Subject: Re: Cause for concern ... I need to know my rights

Hi Sian,
By what you are saying this Deputy Manager is feeling a bit cross because you reported her to her next in line and she has almost certainly been reprimanded for it, rightly deserved, in my opinion.
I would again go to the OD (please let me know what that stands for my braincell is awol again) and relate what has been said to you by you DM, as this could be deemed as harrassment in the workplace. Maybe request a meeting with you, the DM and OD to talk these issues out, that will give you a platform to make sure that they both understand that any stress caused, knowingly, which is what your DM in my opinion is doing can in turn cause flare ups of your RA causing even more absence from work and take RA information with you for them to read up on the condition.
Read the info Richard has pointed out it is good.
Where I use to work if you were off work due to sickness regulary, with a sick note, you were invited to a Back to Work interview, in which you were asked if there were any concerns that you had in the workplace and from the outcome of that interview stratergies were put in place to support you. I will add it was a residential college of Further Education for students suffering from Disabilities, run by SCOPE. If you were off work for more 6 months on full pay, they would write to you and ask you to come in for an interview or if you were unable to do that they would visit you, at no time were you made to feel that you were in danger of losing your employment or forced back to work if you could prove your condition.
You have not mentioned what the other 2 absences were due to or how long they were for.
Also the Disabilities Rights Act protects you, just Google Disabilities Rights Act and you'll get loads of information.
I have a gut feeling your problems are down to your DM though and not the company and the onus will be on the company to put a stratergy in place to aliviate the situation.
Hopefully all will turn out ok, let whatever the DM says go over your head if it surmounts to harrassment, but do keep a diary of when, where, what they have said and any names of people in the close environment to it happening, do not let them knnow you are doing it.
Good Luck and my thoughts are with you, take care xx
reply | back to forum

Date: 09.08.2011
From: Sian

Subject: Re: Cause for concern ... I need to know my rights

Cheers Richard ... had a look at that and I will be taking that quote along with some more research to the meeting.

Appreciate your reply, hope you are well?
reply | back to forum

Date: 09.08.2011
From: Sian

Subject: Re: Cause for concern ... I need to know my rights

Thanks Davina, I have taken your advice also and asked for a couple of weeks. My excuse was that I also needed to arrange someone from OD ( organisation development ) to sit in on the interview also.

I will let you know how I get on, you ok?
reply | back to forum

Date: 09.08.2011
From: Sian

Subject: Re: Cause for concern ... I need to know my rights

Hi Dilizjo,

Thank you also for taking the time to respond, its been so helpful. I've started the diary, I'm well aware the the DM has a personal issue with me. We once were friends and she disclosed she was bullied badly at school ( she has since becoming DM taken this out on a number of staff who couldn't take it and left) it's obviously my ' turn'.

I have sent a request to OD ( organisation development ) to be accompanied to the interview. I've also requested she give me a few weeks to give her a date so I can well prepare for it.

I was off for two weeks in January when my nan passed away, not just my nan but the woman who raised me all my life who I'd lived with until I was 17! My second was a few days in May, got a tummy bug, then this one in July 4 weeks because I'm on Cimza, caught an infection which resulted in the worst flare up yet. I'm 30 years old but I honestly felt my body was that of a hundred year old for those weeks! I must point out that these are the only absences I've had in three years in this employment.

I've taken on board everything you have all kindly suggested, the support you all provide has really made a difference. For that I can't thank you enough.

Hope you are managing your condition and if ever you need my support I'll do whatever I can to show you the same respect and kindness.
reply | back to forum

Date: 09.08.2011
From: Dilizjo

Subject: Re: Cause for concern ... I need to know my rights

Hiya Sian, looking at your sickness record there is no cause for concern at all, 1 was a compassionate leave, 1 was a tummy bug which will have gone round most in your work place and the last one a condition which you have and they know about.
On the point about your DM if she was a victim of bullying it is quite likely as a result of that she has become a bully herself and is using it as a defence to stop it from happening to her again, she needs to be informed that through her experiences she should know better and that picking on vulnerable members of staff will only end in a negative way for her. From what you have said she has been selective about the people she has chosen to bully as they have left, so please bear in mind she is as vulnerable as you are when she starts with you again, another trick is to imagine her as something unthinkable when she is doing it this will help you cope with the situation, if that makes sense. I personally would be inclined to tell her exactly what I think of her behaviour and that I would not wish my condition on her... etc but then again when riled, which in your situation I would be, but in the workplace it is better to take it through the proper set proceedures and then you come out the other end a better person:)
Keep us updated and thinking of you take care xx
reply | back to forum

Date: 11.08.2011
From: Sian

Subject: Re: Cause for concern ... I need to know my rights

Thanks again Dilizjo.

Update: we had a lady come to our office from Head Office, conducting a ' health and wellbeing' improvement in the workplace interview. So I answered the questions truthfully and told her what my line manager has been doing. Agreed for her to discuss it with the Chief Executive of our company.

I feel so much stronger, always worried about losing my job if I kick up a fuss and then no one will employee me as I have RA but not anymore. I'm not allowing anyone treat me this bad and make me unhappy.
reply | back to forum

Date: 11.08.2011
From: willis

Subject: Re: Cause for concern ... I need to know my rights

Dear Sian
What an uncomfortable situation for you to have been put in. Dilizjo has given you great advice along with the others and I'm glad you listened and acted on this. Your employer was right to have someone from head office to come see you as if you'd left and perhaps sought legal advice then contructive dismissal could have been your case against the company - they most certainly wouldn't want this, especially given you health issues. My husband was employment law expert for many years and cases like yours were at least one a week! our son is bi-polar and gets this wherever he goes. I suffer now from RA and flare ups are just horrendous. I'm very fortunate to work with husband in own company so if i need time off i can take it but i sit some days and think of what would happen if i was employed elsewhere like you and many others. So glad to hear that you feel much better about it all and please do stay strong and do not let them harrass or bully you out of your job. take care x
reply | back to forum

Date: 11.08.2011
From: Dilizjo

Subject: Re: Cause for concern ... I need to know my rights

Good news Sian I am really pleased for you, it looks as if your employer is taking your issues very seriously which is what they should be doing both legally and more important morally. I think your DM may have made a rod for her own, but that is her problem not yours. You have hopefully put a stop to her bullying actions for youself and any others she chooses to abuse, so well done and keep that strength going:)
Keep us updated I personally am interested in knowing what happens:)
take care xx
reply | back to forum

Date: 11.08.2011
From: marlene

Subject: Re: Cause for concern ... I need to know my rights

Sian, well done and good for you, don't let other people walk over you. I say you just go tell them how it is and let them stew. Take care.
reply | back to forum

 

Add your comments to this topic
Subject:
Please type your comment here:

Your name:
email:

5+2=
(This sum is to help prevent automatic spamming through this page - thank-you)


top

Site design: T - Creative Home | News | Personal Stories | Links | Message Board