employment advice desperately needed

[mrs h]

Hi i really need some advice as i have a feeling im going to be sacked on wed.
Basically i have worked for this company for 2 years and started back at work after having my son a month before my om leave ended.
I applied for a higher position and got it but was told i as on probation for 6 months as it was a different posiition
Anyway i became really ill and after 2 days of starting work i have been on the sick for 6 weeks due to stomach painsafter my c section still hasnt gone away. I am still undergoing loads of tests to find out whats causing this pain and i also have pnd but my dr has only but pelvic pain under investigation on my sick notes as i didnt want anyone at work knowing i had pnd.
Anyway i have received aletter from work asking me to attend a meeting as they are concerned about my illness and want to discuss my position.
I am worried they are going to sack me as i'm under 6 months prob and this position was created especially to get a shop back up to standard before an annual stocktake and this is next week so they are going to be pretty annoyed i am off sick.
I have tried looking up on internet if they can sack you if you are off on the sick and from what ive read it seems they can i never knew this.
I should add i have only been off sick for 5 days in my first year of employment with them and i have sick notes to cover the 6 weeks i have had off so i have been reliable and not off sick all the time.
Has anyone got any advise whether they can sack me or not as im worried sick that i ll lose my job

 

[Nicola]

I think depending on the illness and duration your likely to be ill will determine the outcome. I don't know much about employment law I'm afraid. I can tell you that a relative was diagnosed with Parkinsons Disease a few years ago and once signed off on the sick was given the sack and it was all above board...thing is though PD get's progressively worse, it's a terminal illness not something like a c-section scar and sickness testing etc - you'll get over your illness, she'll not get better from the PD type thing. I'm sure they can't fire you due to illness simply because your on probation...I really don't know hun just sending big hugs I'm sure you'll be just fine, they obviously like you to have given you a promotion so soon after returning from maternity leave etc. Fingers crossed, thinking of you xx

 

[tuck]

Do you know what your employers sickness policy is?

In my last job I was a HR manager and I used to deal with sick absence, basically yes you can sack someone for sick absence but you have to follow the procedures.

we had differant procedures once someone was classed as long term sick which was if they had been absent for 28+days.

the manager had to conduct Keep In Touch interviews at 28 days, 3
months, 6 months, 8 months and then 12 months. at each interview a decision would be made if the absence could still continue to be supported by the employers,ie what the diagnosis was, chance of recovery etc etc.

I would advise that you find out the procedures for sick absence and also what your contract stated regarding your probabtionary period, do you have a union because if you do you should contact your union rep also is your interview a formal or informal interview? this should be made clear to you.
please bear in mind that your employers have a right to know what your intentions are regarding your return to work and how long you are expected to be off, also wether you will be able to physically return to your previous job.

I cant really advis emore without knowing what your employers policies are

good luck

 

[mrs h]

Hi and thanks for replying, the letter doesnt say whether its formal/informal just that its a meeting
Alos i have found my contract and under sickness it says it will pay statutory sick but there is no mention of long term sickness and it says see employee handbook which is in store so i cant see what else it says.
Could i say there discrimanting against me because my illness is through pregnancy?

 

[tuck]

I used to work for a government department and they are normally pretty hot on what you can and cant do with employees rights, anyway from what I remember if a person is off with a pregnancy related illness then you can not cary out any sickness inefficiency procedures, however because your absence is after the baby is born (I hope I read your post right), it cant actually be classed as 'pregnancy related' as you arent actually pregnant. you should ask your manager to forward you a copy of the employees handbook and also ask what the meeting involves and if it is a formal meeting, if it is, ask for it to be postponed to give you a chance to read up on the procedures etc. if you have a union rep then i would speak to them and also ask them to accompany you to the meeting.