Please help - all advice greatfully recieved

[welshfox]

I am a police officer and was assaulted last year while in work. To cut a long story short, I've been off ever since (11 months), and now this is due to the mental effects of what happened eventhough the physical injuries are mostly healed. I have now been told due to the amount of time I have had off - which has been authorised by a doctor - I can lose my job unless I take an unpaid career break to get myself better.

I'm at a loss because my doctor will not sign me fit for work until I get the treatment I require from psychiatrists etc, as he is concerned for my long and short term health, and if I do not take a career break, I have to go infront of a panel of high flyers to plead to keep my job, which is an unlikely outcome apparently.

If I take a career break, I have been told I am not allowed to do any other work, and therefore will have to apply for benefits which will barely cover my mortgage let alone any other essential outgoings I have.

Does anybody know if they can legally sack me if I have a valid sick note? And if I can do any sort of homeworking to earn some money if I do have to take a career break?

The icing on the cake is that they are now paying for some therapy sessions for me, but yet believe there is nothing wrong with me - go figure?

Any advice/views will be excellent thanks

[cascarelli]

You need to read your contract to see if an unsatisfactory attendance record can be used as a reason to dismiss. In many cases it can as the clause usually has the term 'howsoever caused', though they would need to go through certain procedures depending on your length of service.

The fact that theyre paying for therapy may actually be to their benefit as it shows theyve tried every avenue to get you back to work - in my opinion.

Are you in a union? If you are they should be acting for you.

I dont know how it works with Police officers - I assume you cant claim for lost earnings off the person who assaulted you?

[welshfox]

thanks for that - they person who assaulted me got away with what he did because of flaws he knew about int he justice systme, despite ALL the evidence. I can claim to the criminal injuries board for loss of earnings, but thats tax payers money not his, and that doesnt punish him for what he did, although, considering his unemployment status and drink and drug habit, if I did, I might be awarded 50p a month for the next 30 odd years!

The therapy only started a fortnight ago despite my asking for it for 10 months! great eh? Thats probably why it started tho - one of their many 'get out of jail free cards'
The union are trying to help but cant do much to be honest - sadly.

Thanks for all your help - ill look into getting a copy of my contract. Take care

[Keeprockin]

I wouldn't think they can just sack you,but In an organisation as large as the Police,I would think they can get you to appear in front of their own doctor for his/her assessment of your capabilities to resume service. Maybe on appraisement duty until your better. As earlier mentioned,your union rep is the best person to advise you. They'll probably have dealt with similar cases.

[Yorkie580]

Have you spoken to your Fed Rep?

Make sure taht you've got all the details about Occupational Health referrals and show that you've followed their advice and that you're working with them.

The problem - as you'll eb aware - is that for a long tome officers were taking the p&^s which is why reviews are now conducted.

The vast majority of officers that aren't genuinely ill refuse to work with occupational health teams etc which does them no good.

By teh sounds of it you've been doing everything you can to recover by going to OH referred therapy sessions etc so you should be ok.

As for sacking - you must be aware that Police Officers aren't employees and don't have contracts - you can't be sacked but your services can be dispensed with if your performance can be shown to be inefficient or if you will never be fit to return to duty.

As for working during a career break... it would have to be registered as a business interest (generally a formality) but this would immediately raise qwuestions as to how you could do any work at home when you're not able to perform any sort of recuperative duties.

I'm suprised you haven't had any of this advice from the Federation. If your Fed Rep isn't able to give you any advice then speak to another one or phone the central federation offices to speak to an on-call rep.

[buildersmate]

As above. See here.
http://www.polfed.org/

[welshfox]

Thanks - its just a nightmare situation coz Ive got no savings and will have no money for the time of the career break. Have been speaking to the federation and was given a new rep recently as the others werent very helpful, but theres not much he can do.
When I spoke to the inspector and fed rep about no money and if theres anything I can do, they said no and left it at that.
Nightmare!!!!! thanks for your help though x

[Yorkie580]

As I said bevore, just take along all the stuff you've got in reltion to your requests for therapy and all the dates you've attended required referrals etc and you should be fine. Good luck.

[welshfox]

no the federation haven't done so - in fact, all I was told was that a career break with the final option really and that the forms will be sent to me in the post. Thanks for that - will definately be having some stern words with the people who should be telling me all this

[chicklin]

Can the Police Federation not be of any help to you?

[chicklin]

Oops - I was a bit slow with that answer - ignore me, I'm going now.

[welshfox]

aww - dont worry - funnily enough I've just had a phonecall from my fed rep - maybe his ears were burning!!! Thanks a lot guys - you're all stars x

[270314]

Some points to consider...

Your Chief Constable has a statutory responsibility to look after your welfare. He/She will require to show that they have done so before taking a step as drastic terminating your employment, particularly as the injury is employment related. There is also n appeals procedure if they decide to dismiss you.

Your Force Welfare Officer will have access to national police charity funds if money is becoming a particular problem.

To terminate your employment your Chief Constable would need to show that you were either malingering or sufficiently disabled as to be unlikely to perform the role of constable. The Disability Discrimination Act requires your Force to take reasonable steps to ensure your continued employment if you are regarded as disabled. Most police forces are sufficiently large organisations that it would be unreasonable of them to assert that they could not make reasonable adjustments to your role to ensure vyour continued employment. That could mean a staged return to work plan or return to non operational duties. It could also mean offering you another role entirely e.g. as a civillian employee (on a civillian employeee salary). The point is they would need to consider all these options before dismissing you as unfit.

Malingering would be difficult for them to establish if your own GP is onside and presuming you have availed yourself of all the assistance they have offered.

[lady_p_gold]

Would it not be possible to do some other sort of less stressful duty i.e. in the Control Room? Obviously if your mental problems prevent you from working at all, even with medication then you are going to have to leave owing to ill health, and whether they will acknowledge that it was through your duty that you have been put in this situation will have to depend on what steps you go through and what steps they go through to try and help. Hope it all turns out ok.