Struggling with epilepsy at work
I've recently been diagnosed with epilepsy. I have been off work for nearly 12 months while tests have been taken. My employers now want to know when i will be returning to work. I understand that they need to know, but both I and my doctors have explained that until medication has been prescribed and balanced to stop the seizures occuring, it would be unsafe for me to return to work.
I've given them the date of my next appointment with the neurologist which is in three weeks (when medication should begin) and my employers are saying that this is not good enough and they want the date that I will be returning. Obviously I can't give this yet, but they're saying that unless I provide a date they will reveiw my continued employment with them. They have done this with other members of staff who have been off sick and bullied them into leaving.
I can't afford to lose my job and don't know where I stand. Can they sack me for being off sick?
Thanks
Susie
The simple answer to your question is that your employer can sack you. But I only say that because at the end of the day, any employer can sack any employee for any reason - the question is whether such a dismissal will be fair. In your case, I find it difficult to see that your employer would (from what you say) be able to dismiss you fairly in the situation you describe.
It sounds to me as though you would have strong disability discrimination claims and unfair dismissal claims if they did. OK, so you have been off for 12 months or so, but equally, it sounds very much as though (touch wood) you are close to getting treatment, and hence close to returning to work. Without going into massive detail on the legal side, suffice it to say that your employer would be pretty badly advised, from what you say, to dismiss you now having waited a year.
I can fully understand how the stress of this must be making things so much worse. I think the key is, if at all possible, not to give them any ammunition against you. I think that the more detailed information you can give them, the better - so if your neurologist can do a holding letter saying exactly what the next steps are, and a vague timescale as to when you might be able to come back if the medication works out, then that might help.
How much contact has there been between the employer and your medical advisers? Have the employers been asking for information direct from the advisers?
I really hope that you can get this sorted and get on with finding a way to balance the meds and get back on track. Good luck
Rachel
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Employment lawyer Rachel Lewis advises on your work-related issues
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