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Rights as to work and illness - this is really long sorry.

5 replies

mmmerangue · 24/11/2012 11:33

Hello Mumsnet, help please =[

I work part time in a restaurant, have been there since May. Over the last few months I have had numerous bugs (tummy bugs, flu, etc) which have meant having a lot of days off (roughly getting ill every 2-3 weeks which is ridiculous I know) especially for a part-timer and obviously my employers are becoming concerned and pretty annoyed with it.

Have had blood tests done by the doctor which found no underlying cause, currently on antibiotics and the Dr has said next step would be a chest xray. Have started taking all sorts of multivitamins etc. to try and keep my energy up, but now every time I get something it knocks me down worse than the last one did and I'm now exhausted and it is increasing anxiety issues which I also have.

I'm now worried that 'the next one will be the last straw' although my boss has made no mention of firing me, she has cut my shifts to the point that I no longer earn enough to qualify for childcare tax credits etc. and I'm sure letting me go would be the next step.

I enjoy my job and firmly believe that if you can and are able to, you should work. Having a job and being there (when I'm well) help me a lot as it gives me another avenue for my mind (I find my anxiety is not as bad when I am working, or during a week when I am well and at work). However if I am let go for absenteeism I think I will struggle to find another job and frankly wouldn't see the point if I continue to get ill a lot.

My partner thinks I should quit rather than wait to get fired which I really don't want to do.

I'm wondering what my rights are in terms of work letting me go for illness - I think it's fair to say I am not much use to them like this, and that they're within thier rights to fire me, but should they also be looking at ways to help me stay? The food industry doesn't mix well with ill people...

And also what help there may be should I be let go, I feel like I don't qualify as being 'too ill to work' and therefore not covered by whatever benefits may apply, since i don't know what the causes are I'm just getting a lot of basic bugs and can't seem to fight them off. But if i am let go because of illness-related absences or continue to be ill while unemployed does that make me a worthy recipeint of such benefits? Frankly would feel pretty silly claiming them when they can better go to people who have real work health issues but we would struggle without my wage (although it's much less already does to being off so much) and would have to look at all other possibilities.

I don't think many bosses would be as lenient as mine already has with this....

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flowery · 24/11/2012 15:13

Unless your illness is related to a disability you have very little in terms of rights I'm afraid, as you've only been there since May. If she wants to dismiss you she can, as long as she gives the right amount of notice, and she's under no obligation to make any adjustments to keep you.

Your best bet is being very valuable when you are there, and demonstrating that you are doing your very best to get to the bottom of this and sort it out.

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mmmerangue · 24/11/2012 15:33

That I have been doing flowery, making sure to keep her informed of when I go to the doctors and what he is looking for etc. Obviously I work my hardest when I'm there, I love the job and before all this had really hoped to make it a long term thing, maybe go for a managers job once DS is at school (don't really want to do full time till then). Now there is pretty much no hope of that don't even know if I will make it through Christmas! Then again she may be hanging on to me with a mind to fire me after the busy spell which is a nice thought.

She is already really good about letting me have the hours I want etc (apart from recent cutback but thats understandable) so I would hate to ask for more flexibility and don't think there is any more anyway.

I have made myself as available as possible, re picking up spare shifts etc, to make up for when I'm ill but that annoys DP as my hours have been getting changed a lot :/

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ClareMarriott · 24/11/2012 16:03

mmmerangue

With all illnesses you seem to have been having since you started at the restaurant, did they start since you started work or were you experiencing them before that? Are any of your work colleagues being ill and taking time off work ? As you are working in a food related industry, your boss is going to be concerned about why you are ill so often and as you say, you are keeping her informed of what is happening with you. But I would still hold onto the job and not quit .

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mmmerangue · 24/11/2012 16:12

I seem to get them every winter. Wasn't working last year, but had a horrible time while pregnant the year before that (I was then in a different job entirely, at a desk so easier to be at work with colds and such) and the year before that I missed a fair bit of Uni in the winter months as I recall.

That leads me to think if there is something underlying it could be SAD (although the other half of my brain says that is a made-up illness). My doctor currently thinks it is mostly to do with 'being a mum' although so is my boss and my doctor also has two young kids and neither he or my boss are ill every two weeks... nor are any other parents I know of!

Other people there are only as ill as normal people are! I have given one nasty bug to another girl who worked there and she was off a lot longer than I was, but apart from that they are just the usual.

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pugsandseals · 28/11/2012 11:06

Bugs are normal when you go back to work after a long break. I caught absolutely everything going in the first few months I was back at work. DH now works from home & gets far more bugs than he used to just because he is generally not exposed so doesn't have time to build up immunity.
Antibac soap gels are your friend! Take them everywhere with you & use at least once an hour. And make sure you never touch your face as this is how germs get in. Your immunity should rebuild by getting gentle small colds.

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