Assume you are unfit for work for your crumbling neck, not your OSA?
If that's the case, crumbling neck would not be classed as a disability and therefore no company sick pay is payable?
If you have gone over your Company Sick Pay entitlement then they are quite within their rights to cease payment. If they are offering you alternative employment, I'd suggest you take it. What is wrong with doing something else if you are able to?
Discretion is usually used when it's absence due to, for instance, an accident at work, etc.
Erm sorry, but what part of 'permanent spinal cord damage' is not a disability? I am awaiting urgent spinal neurosurgery which is to try to halt progression. Untreated I will end up in a wheelchair and possibly a paraplegic. I now have serious problems with dexterity, walking, and balance. I have constant nerve pain, stiffness and headaches. I have had to give up almost 40 years of Martial Art training and am struggling to play my instruments- 2 things that have been a massive part of my life since I was a child!!
No. They have decided I should not be at work as I have both conditions- as they cannot determine if any lapses in concentration that I 'may have' would be due to nerve pain and headaches or the OSA.
As I stated, I said I would rather NOT go on long term sick and asked if my work could be restricted to desk duties until my operation.
I am not asking for more than my sick leave entitlement, rather that which I should be entitled to under NHS and governmental policy.
HR are using a technicality to reduce
my sick leave entitlement. i.e. although I continuously worked for the trust for 5 years (with 20 years previous reckonable NHS service)I was funded through an agency on a long term contract until I agreed to accept the post they offered me permanently. They are construing this as a break in service even though I was and I am still in exactly the same post.
Hence, I am now placed in a situation where my employer wants me to stay off work until recovered from my operation, but are trying to get out of paying me my full sick entitlement.
I view this petty mindedness to 'fiddle' me out of a couple of months sick-pay, that for the first time in my working life I have needed, as blatant discrimination and indeed in contravention of the Disability Equality Duty (DED) and now the 'Public Sector Equality Duty' that Public Service employees are bound by.