I've been off sick because of a disability. Now I've had a written warning [LBC Legal Hour]

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  • Опубліковано 25 гру 2024

КОМЕНТАРІ • 21

  • @toriesout8692
    @toriesout8692 9 місяців тому +8

    I had a family member experience similar issues with HMRC and disability. My family member has an eyesight condition and physical limitations, he requested reasonable adjustments- screen, text to speech and specialist desk/chair etc. His employer delayed getting this for him and encouraged him to work through it. He started developing severe migraines (due to squinting for extended periods) and had to take time off. He eventually got called in by a new manager and was given warnings.
    The Trade Union rep went to the appeal meeting and explained the situation and how these were disability related absence due to what could be classified as work injury. The appeal managers were good friends with the manager and rejected the appeal. They refused to make any allowances and adjustments. Thankfully the family member left HMRC for a better job but it really infuriates me to this day.
    Unfortunately, the public sector has ongoing issues with managing disabled people.

  • @coderider3022
    @coderider3022 9 місяців тому +10

    Doesn’t sound like they know her medical situation/ status or it hasn’t been officially communicated with appropriate medical info.

  • @glennwhitlock1272
    @glennwhitlock1272 9 місяців тому +4

    Join the club. My wife had two problems in succession. Two swollen discs in her spine, which took her out for 4 months, followed by long COVID (another 8 months), both of which resulted in her being housebound. On returning to work, she was told that if she took one more day off in the following 12 months, she'd be fired.

  • @mintywebb
    @mintywebb Місяць тому +1

    3 times an n a year seems a bit extreme to get two written warnings.

  • @ar50000
    @ar50000 2 місяці тому

    They need to make reasonable adjustments and it doesn't sound as though they have.

  • @KoshVorlon-xb3wq
    @KoshVorlon-xb3wq 9 місяців тому +4

    Daniel, doesn't seem to understand Reasonable Adjustments.
    She has informed them of her condition. They haven't provided them

  • @jamesupton4996
    @jamesupton4996 Місяць тому +1

    Sounds a bit wooly to me.
    I'm severely immuno compromised, because of chemotherapy drugs I'll be on for the rest of my (shortened) life - though luckily this happened just about retirement, so I don't have to work with it. It is debilitating, given that even a cold can lay me out - and the possibility of Covid is scary. I couldn't work now - the possibility of sickness absence, my general health and drug side effects.
    Having said that, the caller needs a clear diagnosis of her health problem - and prognosis - and where she stands on whether or not it counts as a disability. You can be in a vulnerable group, eg regarding COVID, but not disabled. She needs to be absolutely clear - having immune system problems is not a catch all term - I would imagine that there is an underlying condition. And it's an ongoing thing. Eg. I inject Filgrastim twice weekly to boost my neutrophils, to combat it.

  • @googleuser8740
    @googleuser8740 9 місяців тому

    I wish you the best of health just because of time. If we had more time I wouldn't wish you the best of health!

  • @taherajenz
    @taherajenz 9 місяців тому +1

    This was frustrating to listen too. Daniel was asking some reasonable questions to get a better understanding but there seems to be a language barrier where the lady didn’t digest the questions properly hence her inadequate replies. I think she should’ve have got a friend or family to speak on her behalf who would be able to explain the situation of concerns and reply properly to Daniels questions, otherwise it just goes round in circles in my opinion

    • @666ingz
      @666ingz 9 місяців тому +5

      This conversation went better and more cogently than some of our natives with Daniel. I'm sure you can agree to that.

    • @williamtopping
      @williamtopping 9 місяців тому +1

      She shouldn't be a carer if she has such a language barrier.
      Feel free to disagree, but she is responsible for someone vulnerable and she can't even communicate properly.
      Imagine she was your carer and the doctor gave her a set of instructions she didn't understand.
      And it isn't about race, before you start. It's about basics and being able to do the job you're paid to do.

    • @williamtopping
      @williamtopping 9 місяців тому

      @@666ingz
      Stop covering up for her when she is paid to be in a position of authority over vulnerable people.

    • @Matthew-bu7fg
      @Matthew-bu7fg 9 місяців тому +9

      @@williamtopping I'm impressed you know the race of the caller based on a radio phone in

    • @rubinachowdhury8888
      @rubinachowdhury8888 6 місяців тому

      Didn't sound like a language barrier to me. Sounded like someone who lacks mental capacity regardless of what her mother language is

  • @duplicitouskendoll9402
    @duplicitouskendoll9402 9 місяців тому +1

    I feel sorry for this person to a degree, but if the employer has a sickness management policy, they have acted within it and explored reasonable adjustments, then they can't be expected to just pay permanent sick pay (and pension and NI etc.)! I've seen smaller businesses without adequate policies get absolutely rinsed by long term sickness with no way of managing it after it's started without fear of being sued. I've even seen a charity get done over by someone currently off sick and still being paid for over 2 years now ('bad back' and 'depression'). Said employee is nearing retirement age - seems like they wanted to retire early, honeslty. They don't have an HR department or any policies or expertise to address it and every time they try to do something about it they get threatened with legal action and a GP note waved at them. The trustees decided it would be cheaper to let them carry on than to fight it and possibly have to pay compensation so they're being left to it now. Really sad that some people will do this, especially to a charity!

  • @ansfridaeyowulfsdottir8095
    @ansfridaeyowulfsdottir8095 9 місяців тому +2

    _"What is your position on these warnings?"_
    What kind of a stupid question is that?
    {:o:O:}

    • @juliusklugi7430
      @juliusklugi7430 9 місяців тому +3

      The point was that they are allowed to give warnings but must have made reasonable adjustments to the absence warning procedure to accommodate her situation. The point of the question was to ascertain whether she thought the way in which her warnings were given was reasonable or not. He needs to hear it from her mouth, as she only asked whether it was legal or not.

  • @williamtopping
    @williamtopping 9 місяців тому +3

    Its a disgrace to have carers who don't have a decent command of the English language.

    • @Mtb6752
      @Mtb6752 25 днів тому

      "It's". Not "Its". As in - it's a disgrace that twats with poor English are commenting on other's command of English 😂