Fired as result of medical conditions?

Safron414 · 20 Nov 2012 at 10:31

Hello
I need some advice on something that is really bothering me. My boyfriend had a serious motorbike accident where he collided with an oncoming car and got so severely injured that even now, years later, he has serious troubles walking for longer than a few minutes, he is unable to run or jump, and when he walks he is limping. If that wasn't enough, he is a sufferer from chronic migraine (when he get his attacks he can only lie down in agony in bed all day, and he throws up as well). He also went through surgery twice in a year for the removal of two different tumors. One on his bad leg, one in his throat which caused him so much discomfort to the point where he had serious troubles breathing, and after it was removed he had phantom pains and kept getting panic attacks, thinking he couldn't breathe. The tumour on his leg resulted in a nasty case of MRSA, which ate away at his leg which caused him to be bound to the home for a total of 2 months (MRSA is extremely contagious and going to work with it would put everyone around him at risk of getting infected, or so the doctor said).

He has a full time job and has been working in the same office for about 5 years. During the first few years he would only ever call in sick if he had his horrible migraines, which he would get maybe 3 times/month and a maximum of one of those attacks he would actually call in sick, the other times he would just man up and go to work anyway. The last 2 years, his absence has been a lot higher, mainly because of the tumors, but also because his migraines are getting more intense.

He is seeing a doctor who is prescribing him with medication for his migraines, and is seeing him more or less monthly.

His workplace has changed, he's got a new manager, and she is not very understanding of this. She chucks him warning after warning, and the stress this is causing him, believing he will lose his job, is causing his migraines to get even worse.

Can a person really get fired for medical conditions that they have limited or no control of? If they were to fire him, what should he do? Is there anything he can do right now? I would really appreciate any kind of advice on this.

Sorry for the long read and thanks for taking your time with this

malfunkshun · 20 Nov 2012 at 10:35

Yes they can, what he needs to do is go in and talk to them and try to come to some sort of agreement with the employer about suitable work and a set out a plan for managing his illness/absence on an on-going basis.
Was the employer made aware of his migraine issues when they originally offered him his job?

dunn2010 · 20 Nov 2012 at 10:36

Contact HR explaining ths situation and un-necesary stress his new manager is putting him under and how its making him worse.

think a compnay is supposed to give you a set amount of days a year your allowed to be on the sick, after that they can "punish" at their own discretion however you would think they would be leniant due to your hubbys condition.

if he does get fired, hasn't used his x amount of sick days a year and believes he was treat unfairly you can claim compen for unfair dis-missle (spell check that

)

im not the best in the whole politics of works.

MadMan-JaMeS · 20 Nov 2012 at 10:37

Its difficult to say but i don't think they can.

Best thing to do is get onto Citizens Advice now or maybe a solicitor incase anything does come of it.

And also maybe warn then that her being a douche is making things worse.

Burnsy2023 · 20 Nov 2012 at 10:37

Talk to these people:

The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

http://www.acas.org.uk/index.aspx?articleid=1410

antijoke · 20 Nov 2012 at 10:38

I'd be seeking proper advice on this and not asking a computer forum for help.

County · 20 Nov 2012 at 10:41

anticonscience said:
I'd be seeking proper advice on this and not asking a computer forum for help.

Especially this one on GD

Safron414 · 20 Nov 2012 at 10:42

malfunkshun said:
Was the employer made aware of his migraine issues when they originally offered him his job?

Yes, they've always known about it and his old manager was really nice and understanding during the 3 years before she was moved to a different department

Burnsy2023 said:
Talk to these people:

The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm

http://www.acas.org.uk/index.aspx?articleid=1410

Awesome! I will definately give them a call. Thanks so much!

anticonscience said:
I'd be seeking proper advice on this and not asking a computer forum for help.

I'm asking in a forum because I have nowhere to turn to and I don't know where to seek help. I'm not British, I don't know how your *excuse me* "special" systems work. But thanks for your input

TrixiBuG · 20 Nov 2012 at 10:44

anticonscience said:
I'd be seeking proper advice on this and not asking a computer forum for help.

Op is looking for unofficial advise here guys, she is worried and concerned and is looking for someone, who has possibly been in the same situation to give some feedback

She isn't going to go stomping into her OH's work, waving a print off of this thread saying "Look, [insert member name here] says that you can't do this"

Lets not chastise people...

Safron414 said:
I don't know how your *excuse me* "special" systems work. But thanks for your input

^ Lol your right there

Safron414 · 20 Nov 2012 at 10:46

Wubs trix <3

malfunkshun · 20 Nov 2012 at 10:46

Safron414 said:
Yes, they've always known about it and his old manager was really nice and understanding during the 3 years before she was moved to a different department

Fine, but were they made aware of it by the time the offer of employment was made? ie before he got the job

Safron414 · 20 Nov 2012 at 10:49

@mafunkshun I see where you're getting at. I honestly don't know, I would have to ask him about it. Thanks for the tip

Name · 20 Nov 2012 at 10:53

I was a tempory worker in a warehouse once, i was ill for 3 days, i gave them notice too.

They told me not to bother coming back

ubersonic · 20 Nov 2012 at 10:55

Look at it using an analogy, if they hired a guy in a wheelchair and then 5 years later a new manager showed up and started giving him agro because it took him longer than everyone else to get around the building would that be acceptable? Its the same scenario.

Cosimo · 20 Nov 2012 at 10:59

anticonscience said:
I'd be seeking proper advice on this and not asking a computer forum for help.

He's been advised to talk to ACAS so it's helped.

antijoke · 20 Nov 2012 at 11:01

trixilux said:
Op is looking for unofficial advise here guys, she is worried and concerned and is looking for someone, who has possibly been in the same situation to give some feedback

She isn't going to go stomping into her OH's work, waving a print off of this thread saying "Look, [insert member name here] says that you can't do this"

Lets not chastise people...

Trying to score e-points as the OP is a girl?

Not chastising anyone, simply stating that my advice would be like Burnsey above my post to contact proper bodies like ACAS for further assitance.

simulatorman said:
He's been advised to talk to ACAS so it's helped.

Don't you start.

I should have fleshed out my original post by the looks of things to say:

I would be going direct to ACAS to discuss with them and seeking their advice. And just left out the asking a computer forum bit. I thought my smiley at the end would have conveyed my post was not meant with any menace.

To the OP, I wasn't trying to come across as an ass hat.

rotters · 20 Nov 2012 at 11:09

You can be fired for a poor sickness record but it should be managed very carefully. At the end of the day they are a business and losing one member of staff can put too much pressure on other colleagues leading to further fatigue issues and loss of productiveness.

He looks like he has had a rough few years. If I where him I would be sitting down with his new manager and laying it on the table, but you never know if his new boss has been told that her new department has an appalling sickness record and to "sort it". There are all sorts of variables going on here. But be honest, get some professional advice and get your union rep in for support.

I've represented for my union in similar cases, I've had a 50/50 success rate on people continuing in their current role.

TrixiBuG · 20 Nov 2012 at 11:09

anticonscience said:
Trying to score e-points as the OP is a girl?

Derp, I am a girl too! (and the op is my friend) Yeah there are girls on the internets :eek:

Seriously, with a name like trixilux is that not a big give away?

Safron414 · 20 Nov 2012 at 11:10

anticonscience said:
Trying to score e-points as the OP is a girl?

Lol? Trix and I are friends. Now go away.

rodenal · 20 Nov 2012 at 11:16

Ongoing illness if it results in an individual no longer being able to do the same job can indeed result in said person being let go. Attendance warnings etc though are not the way they should be going about this if he made them aware of the problem (which he has)

You need proper advice really, some good links have already been given, that's the best place to start. As mentioned above a lot also depends on when he was hired / whether the condition was already there and declared etc.

Try not to worry too much, find out the facts first then look into what help is available should he be technically unfit to work.