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Sickness absence dismissal

Discussion in 'Personal' started by Alice W., Feb 27, 2012.

  1. Alice W.

    Alice W. New commenter

    My life has been turned upside down because I was dismissed for continued sickness absence. I only know teaching and am worried about being able to get another job. Does anyone else have experience of this? Does anyone have any advice? Ironically, my attendance had been very good at the time of my dismissal and I was feeling 'a lot better'. A lot of the time I had off was through depression (I've been on anti-depressants for over 10 years, now) yet I don't seem to be covered by the Equality Act. My counsellor reckons that I have a good case for unfair dismissaI (she has links with working in court). I have always been a good teacher and feel that I still have a lot more to give. Is this really the end of my career? Sometimes I feel very, very sad. Sometimes terrified. Sometimes extremely angry. Hope I don't sound too pathetic.
     
  2. gma

    gma New commenter

  3. Alice W.

    Alice W. New commenter

    Thank you gma for your reply. It made interesting reading and helped me to make things a bit clearer. You are very kind to take the time to post this information.
     
  4. Torey

    Torey Occasional commenter

    Who told you that you weren't covered by the Equality Act? Ring the Equality and Human Rights Commission or the legal team at MIND for advice.
     
  5. Normally I have alot of empathy for teachers that have sickness problems.B U T we all have to realise that as devastating as such problems are to the individual teacher, they have a massie knock-on effect to the students, other teachers etc. In the short-term, most schools do not have any problems carry such a teacher. Indeed, even in the medium term. Schools will always make as many adaptations as they can to increase the teacher's ability to attend. BUT the time does come when if the teacher is absent more than not over a given period, regardless of adaptations made, then what is the school supposed to do? COntinue with a teacher not there, with the staff covering if regular adhoc/long-term absences/supply teachers and the children suffering....
    Sometimes enough is enough - if measures haven't helped, even the DDA accepts that this maybe the case....
    Can I also ask, were any capability procedures raised?
     
  6. Richie Millions

    Richie Millions New commenter

    Probably to late for asking for advice. Time to take the view of new ventures? Are you well now?
     
  7. Alice W.

    Alice W. New commenter

    No, capability procedures have never been mentioned.
     
  8. Alice W.

    Alice W. New commenter

    Thank you for the information, Torey . No-one has actually said that I'm not covered. But no-one has said that I am.
     
  9. Torey

    Torey Occasional commenter

    Have you tried those places I suggested? Instead of unfair dismissal if they failed to make reasonable adjustments you <u>may</u> have a case for discrimination. Without knowing the situation though it is impossible to know if there is anything you can do. I'd get professional advice.
     
  10. Alice W.

    Alice W. New commenter

    Thank you for the positive replies you have all given me. It is not as straight-forward as it seems. Without going into too much detail, every action that I might/might not take has a consequence that affects the other. It makes it very hard to plan for my future or even gain the strength I need to 'fight'.
     
  11. Torey

    Torey Occasional commenter

    Go and see an employment solicitor then and see what they think. Sometimes your best option is to walk away and start again.
     
  12. Xericist

    Xericist New commenter

    The OP didn't specify how long the absence was. All schools have a policy for managing attendance, and while I do sympathise with the plight of long-term illness, there is a limit to how long you can be off sick before your job is in jeopardy so it's not necessarily discrimination.
     

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