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Discussion Starter · #1 ·
Hi

I am hoping someone can give me some advice to a problem i have at work.
I was diagnosed with lupus around 3 years ago, i spent around a year on plaquenil and my lupus became no longer active. I have recently been told that my lupus is now active and i am now back on my tablets. I informed my employer at the beginning when i was first diagnosed and have kept them informed and up to date at every stage.

My problem is i have a hospital appointment in a weeks time. Once i received my letter i informed work straight away. usually i take either the afternoon or a full day of unpaid depending on what time the appointment is during the day. there as never been a problem up until now. My employer is saying if i want to go to the appointment i need to use a holiday day. I find this very unfair. Does anyone know if my employer can make me use a holiday day. also i want to know if lupus is classed as a disability under the disability discrimination act in the UK.

i only work three days a week but cannot book appointments outside of work hours has i do not know which days i will be working from one week to the next, and hospital appointments are usually book weeks in advance.

if anyone has any advice which they think may help i would much appreciate it!
thank you
 

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hi bev

well they only thing that pops into my mind is will it be paid as a holiday. if you are willing to take a day without pay (which one would think would be a good thing for the employer) that if you take the holiday and get paid, i mite take the holiday. as far as the legality of it, i don't know about labor laws in the UK.
do you not have sick days where you work??

sorry not much help

hugs and kisses
 

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Pollianna
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I am in a similar position and I always use a holiday day to go to the London Lupus Unit cause A I can't be bothered to aurgue and B I can't afford a holiday :lol:

I think you should call CAB and ask them or see if there's a National Disability Advice centre telephone line? it's murky ground at the mo I guess with the credit crunch etc. I know my employer is tightening everything up and skrewing us all into the ground cause everyone's barely making money :( Not saying it's right but make sure your well informed before you tackle them on this issue :sad:
 

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If I understand correctly ' you do not know what 3 days you will be working from one week to the next'?

So you're expected to be completely flexable around your employers requirements. There are no set days of employment, ie no contractual days?.

So on one week no working say a Tuesday would mean its your day off and another week working a Tuesday to suit your boss would mean a working day and therefore he would require you to take it as a holiday should you decide not to WORK IT..

If you have no set days then you cant predict what is a holiday day?.

Go see your citizens advice bureau as the working arrangements seem ludicrous.

There has to be some compromise in that situation as its nonsensically unfairly one sided.

Or am I missing something?..

Nicky
 

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Just an after thought...

Is it just the fact you have a silly boss and its a case of not looking at the overall picture....ie they are worried you will have more time off than they want you to have and think you are going to take lots of days for these kind of appointments and are not available when they might need you?.

If they have a spontanous working arrangement with you ie not set working days then for goodness sake its a no brainer to let you have the 'odd' day unpaid.


Nicky
 

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Discussion Starter · #6 ·
spellbinder - what do you mean by sick days?

nicky00 - you were right the first time i am the one expected to be completely flexible and work what ever days they want each week! they could quite easily swap my day with someone else who is not working the day of my appointment, which my colleagues are willing to do but the manager says no i have to go through her. if i had set days each week i would book or rearrange my appointments for my days off but i cannot do that. In the past i have something like every Monday off for 6 weeks in a row so have booked an appointment on the 7Th week for the Monday and they have them put me down to work!! i cannot win!

I'm going to ask my doctor when i see her about the disability discrimination act and see if she knows anything connected to lupus.

thank you all for you quick replies!
 

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Hi Bev,

Your post made me really mad at your employer :mad: I don't know how it works over there but here if I worked 3 days a week it would be classed as permanent part-time employment. As such I would be entitled to sick days and holidays pro-rata. I would be taking it as a sick day, as you say if you knew which days you were working then you could schedule around it. They are expecting you to be super flexible but are not willing to give a little on this one occasion :rolleyes:

love
Lily
 

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Bev

I've take a look at the direct/govuk site on rights etc.
This is what I've found

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

Contractual holiday rights
Your employer may give you more than the minimum 5.6 weeks' leave as part of your terms of employment. You can check how much leave you are allowed by referring to your contract or company handbook.

You have no right to additional holiday, even if it's unpaid, unless your contract provides for it. Your employer can set their own rules on any holidays they give over and above the legal minimum. Your employer is not allowed to give you less than the legal minimum.

Then there is a section on flexable working rights and time off:


http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10029491

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10026555

Although the above quoted paragraph states you have no right to additional holiday pay even if unpaid, importantly I have not been able to find a section which may cover you for reasonable time off for doctors appointments.
Maybe somebody can find that section:)

Its interesting also that should you just simply have to take time off for a dependent or fall sick then the rules are again different.

In my opinion a 'smart' employer will realise the value of a good employee and try to accomodate reasonable time off.
If I need to say work a 3 day week and generally thats what I would work then if you offer to 'compensate' for the day you need take off by working another day to keep within your 3 days then there shouldnt be a huge problem.
Im not obviously taking into account the nature of the work.

I would find a way of making the employer see reason before I took it down the legal road....maybe they need some reassurance from you that you are trying your best to make it work for them as well as yourself.

Nicky
 

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hi bev

in answer to your question...when you have a job in the states (in most companies anyway) you work X amount of hours plus as part of benefits you also get X many holidays i.e., 4th of july, labor day, memorial day, etc. then we also get X amount of hours or days of sick time, some call it personal time and we get paid for it. that takes care of being sick, lame or lazy time when we can't or don't want to work.

probably doesn't help you much, but this is what sick days are :p

hope you can work it all out

hugs and kisses
 

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hi I'm having similer problems regarding work and lupus but I was told I was entittled to either a couple of hrs of or the whole day when I told my empoyer this they agreed as if your having joint injections you need to rest for 24 hrs. I would join a union aswell if you work for a public sector like the Nhs or Asda join the GMB union they are very good.
 

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The Other Illinois Tammy
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Bev,
I want you to know I am in the united states so it might be different in the uk and would look into it for sure. If you work 3 days a week is it possible to trade days with someone else? If this is not possible was you given a handbook at work to look up what you have a right to do in this case? If you did not get one than ask if there is one available. Have tried talking with someone that is higher up than the person you spoke with? I do believe that lupus is a disability in the uk as I have seen people in her from uk on disability. I do hope that you can work this out. I know that sometimes in the states if you get a doctors note addressed to the employer stating that this must be done then it is the same as a note for being off work for so many days, and they can not hold it against you for any reason. I know that I do not know the rules in the uk but I do hope that some of this helps in some small way for you. Good Luck with your problem and please let us know how it goes.
 
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