Disciplinary at Work

[Eileen1359]

Hi All
Hope everyone not doing too bad!! Not posted for a while now but my son had cross linking done in his left eye in February of this year. He had a tough time ending up with a corneal scratch that took a number of weeks to heal so that he had any vision at all in that eye.

He has now been informed at work that he is to receive a verbal warning as he had time off sick to recover. He works part time for one of the large food chains whilst studying at uni. Unfortuantely for him just after the recovery from the cross linking he then had tonsillitis followed by food poisoning.

When he started working for them over two years ago he told them about the KC and his Consultant has also provided a letter detailing what he was having done, why and also what he sight levels are. What I would like to know would employers normally discipline for something that is basically a disability?

Any thoughts would be most gratfully received

Regards
Eileen

[Andrew MacLean]

Eileen

I have not heard of an employer giving a verbal warning for being off sick. It looks like your son had more than keratoconus to deal with, and I wonder whether the employer is just looking for a way to create a vacancy or downsize their workforce?

In your son's place I'd join a trade union (if I was not already a member) and make sure that I had proper representation at any disciplinary meetings.

Andrew

[Anne Klepacz]

I think quite a few employers have rules about the number of days employees can have off sick each year before that 'triggers' a verbal warning. But of course that shouldn't include any days off for a notified disability. So the evidence your son has presented from his consultant and from declaring his KC should help here. As Andrew says, getting a trade union rep involved is usually very helpful. And you could get advice from the charity Action for Blind People (they are the ones coming to our conference next week to talk about the help available for people at work and in education). They have a branch in Liverpool so should be able to provide more advice.
All the best
Anne

[chris1972as]

I strongly advise that he appeals immediately in writing to the HR Department, quoting everything including making them aware they was aware of his condition and of the stress and unfortunate other illness that have plagued him, also contact ACAS and let them know the situation and liked mentioned before must join a trade union. Good luck!

[Eileen1359]

Thanks for all your thoughts, which weren't unlike my own. Sent him to work today armed with the leaflets from this site for employers and and what the law can do to help him. Yet again though he was left waiting for someone to call him to the meeting and yet again it didn't happen!! t really is getting to be a joke.

When he went back after the cross linking he didn't even have a return to work interview until he had worked at least 4 shifts. They haven't even asked if there is anything they can do to help. As I said before they really are a joke.

Chris I have already said to him that we will do an appeal if they go ahead and give him a verbal warning - not going to take this lying down. As you all know so well its bad enough coping with KC without the added pressures. I sometimes think it gets me down more than my son - he just seems to cope so well.

Regards
Eileen

[Karl R]

Regretably too many employers try and roughshod employees over their rights at work and will use sickness records as an excuse.

As Andrew has already said, any time off taken due to your son's KC including post op recovery CANNOT be taken into consideration otherwise there will be grounds for a discrimination case. However it sounds like your soms employer will use the time off taken for tonsillis and food poisoning although you can sucessfully argue the time off due to food poisoning as it is notifiable.

Whilst I don't disagree with being a union member, experience has tought me that some reps are better than others.