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sick leave case review meeting

Discussion in 'Health and wellbeing' started by japonicabean, Apr 29, 2011.

  1. Hello,
    I have been reading the messages on here about sick leave, phased returns etc and I was wondering if anybody here could advise me of a way forward. I have a chronic lung condition have had it since I was 15, now in my 30's so had it a fair while. It has deteriorated over the past two years, which coincides with my time in present job, not sure if the deterioration is connected or just coincidence. I declared the condition when I applied for the job, and was told it would not be a problem. However it is now causing me huge problems, in September I was placed on informal capabilty procedure "due to my ill health" not for any other reason or so I was led to believe, I am as far as I know still on them as they have not been reviewed since December. The stress this has caused has been unbelievable! All my lesson obs in this period have been good or better as well. Any way off the point slightly, in February half term I had a flare up of my current condition which led me to need hospital admission and then I subsequently needed treatment in ITU on a ventilator as my lungs had stopped functioning adequately. Not a nice experience. Since then it has been a rollercoaster ride for me, I have had several subsequent hospital admissions and it has taken a long time to recover. I do understand that my abscence from work causes problems and it would be better for the children for them to have a teacher that was there all the time, as I am being told regularly by some staff members. I have been reffered to OH and seen a very good doctor who has suggested that I have a phased return to work when I am fit enough and that my hours should be reduced.This is also supported by my GP and consultant., I have been told in the past by SMT that part time work is not an option. I have now been called to a case review level 2 meeting, have been sent the sickness policy so I can read what it involves, and in the letter it says that during the meeting my future with the school will be discussed. I am worried, I have contacted union who have been advising me previously on the capability stuff but as I only recieved email about this last night, just before long weekend I know that there is nothing I can do before tuesday but it doesn't stop me being concerned. The last 2 years have not been a pleasant experience for me and have lead me to question whether I want to consider carrying on as a teacher, but I still really enjoy my job! Any advice on a way forward would be very greatfully recieved. x
  2. lrw22

    lrw22 Established commenter

    I don't have any advice other than continue to be supported by your union just wanted to wish you all the best as this sounds like such a difficult situation. It would be a shame for you to give up teaching when you enjoy it and have been getting such good observations. Take care of yourself and put your health first whatever happens x
  3. Torey

    Torey Occasional commenter

    As well as your union contact the human rights and equality commission for advice and also an employment solicitor that specialises in disability related issues.
    Whilst they can go through capability due to absence they will have to show that they have put in reasonable adjustments and give a very good reason why they refused part time if recommended by OH, GP and consultant.
  4. thank you - the o/h doc said i would be covered by dda or as it is now known the equalities act if i went to tribunal. I am finding this quite stressful but am finding the determination to fight at the moment. I know I used to be an ok teacher but all this has knocked my confidence. thanks again
  5. Torey

    Torey Occasional commenter

    Make sure you get everything in writing to build up evidence and the human rights group are really helpful if you want to talk to them.
  6. I was put through capability due to ill health and I just wanted to share my support.

    I noticed quite a few times that SMT tried to slip in quite personal remarks or things that had nothing to do with the issue at hand, so just watch for that. Quite often I asked where that is stated in my job decription or my criteria for performance assessment and they had to admit it was nowhere.

    They did speak to previous employers unofficially so try and find out what is being said. I found out an ex employer was saying things on the phone that he then refused to put in writing or even admit was a problem to me.

    SMT also said they would make reasonable adjustments after it would be useful, so I was already ill and off work sick by the time they took a few extra curricular activities off me, and they tried to say that was a reasonable adjustment. The union rep didn't pick up on that until I mentioned it.

    They also tried to detach the poor work performance from the illness, and say that it wasn't anything to do with being ill, I was just ****. I couldn't manage to get around that one, but just watch for it.

    The Edudicator
  7. I can't get through to the union to get any help...I have emailed, rung and even tried the regional office but at the moment there is "no-one available". I am now getting pretty desperate.
  8. Torey

    Torey Occasional commenter

    Have you got the number for headquarters? You could see an employment solicitor-first half hour free.
  9. I got through eventually...they are going to support me through this and have made some suggestions. I am very tired and not feeling great today. I want to thank you all for your advice and support.
  10. I have decided to resign - other options such as compromise agreements have not been successful. HR are now involved. I am too tired to fight on. GP said would not be able to work at all at the moment so if I resign at least school will get someone in for next year. I am not sure I want to teach anymore. But just in case union are going to ask for some leigh way on the reference.

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