Dismissed for being sick?

Question

I've been off work 6 times in the year I have been employed, (in the UK), due to either back pain or chest pain. The back pain is due to a slipped disc. Before I took the job, I made my employers fully aware of this. The chest pain is caused by severe anxiety and depression according to my GP. My boss is happy that the time I have off is genuine, however, he's said that anymore time I have off will lead to a formal 'chat'. He's mentioned that I can be dismissed under 'capability procedures'. However, I made the company aware of my back problems before I started.The depression and anxiety were not really a problem at that point. I had it years ago, but it seems to have returned. At work, I have my own specially adjusted chair which some idiot keeps adjusting making my back hurt.I want to call in tomorrow sick and get myself to the Dr as I'm in a great deal of pain.What should I do, and where do I stand as far as being dismissed?I was led to believe depression is a disability?

Answer 1

Hi there,
Sorry you have not been having a great time..I have a bad back and my husband has depression so I have sympathy for you!! :-)
The best thing to do is to try and contact ACAS as soon as you can...they cannot just dismiss you for being sick with only one verbal "chat" r
Read your handbook but they are not always clear or on your side. It also depends on your contract and if you’re over 12 months of working there etc... Also while this chest pain could be due to anxiety if you’re in a great deal of pain and can't wait to see your GP get down to A&E..then call work..then call ACAS as soon as you can...It’s not worth suffering and then being sacked!!
My husband and I have had to fight for second opinion on things like this from our gp and with a good result..my back pain is not in my head or due to "depression" as I was told so many times :-) Sorry but I don't trust GpS or work lol...
You are number one..and so is your health..Perhaps see if work can arrange a meeting with you to try to work through and around these probs and def call ACAS for back up..
Know your rights before your work tell you something else!
Good Luck xx

Answer 2

I'm just guessing but, in spite of whatever they may say directly to your face, its whatever is written down in the procedure manual, and whatever is written in your employee reviews that can be used against you and might stand up in court, unless it violates some federal law. Read the Employee Handbook and try to get your hands on your reviews.