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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6305
Experience:  Over 10 years experience in general legal matters
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I have worked prison service years, with 11 and a half of

Customer Question

Hello,
I have worked for the prison service for 13 years, with 11 and a half of those as an officer. I am currently on sick leave due to a cellulitis attack that I suffered on Boxing day that led me to receive treatment in hospital for 5 days. This was the second time I have had this and have been told that this could keep reoccurring.
I am interested to know if the prison service could reconsider my ability to carry on in the environment that I work if my future health is now uncertain? Do you know what their view on cellulitis is?
Many thanks,
Matthew.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today.

Did you have to take time off work the first time you had the attack?

Customer: replied 1 year ago.
Hi, yes I recall being off for just under a month. The first time was in 2012. It has been 3 and half years between both occasions and they say the average time is 3 years between bouts of this.
Expert:  Jenny Mackenzie replied 1 year ago.

Did they say anything after this first absence?

Customer: replied 1 year ago.
Last summer I had my sick record reviewed by the Dep Governor.
Expert:  Jenny Mackenzie replied 1 year ago.

Have you had other periods of sickness absence as well as for cellulitis then ?

Customer: replied 1 year ago.
but not many.
Expert:  Jenny Mackenzie replied 1 year ago.

Ok thanks, ***** ***** not be treated any differently from any other illness as it would not be deemed to amount to a disability for employment law purposes.

If the prison office has an absence procedure then the absence would be treated the same way as any other absence so could potentially result in a capability procedure being followed.

The employer cannot take action against you on the basis that there is a chance there may be future absences if this recurs.

I hope that this answers your question but if there is anything further you would like to know please do ask.

Customer: replied 1 year ago.
Okay, many thanks for your help. I will consult with my Union representatives.
Expert:  Jenny Mackenzie replied 1 year ago.

No problem, I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise paid for working on your question. All the best with this and do come back to me in the future if you need to.