tesco,s absence policy

peediedj

my wife works in tesco,s and if your off more than 2-3 times in 2-3 months they give you a warning,anyway my son has many disabilites they are aware of(epilespy being 1)at my wifes interview(she,s been there 18 months) so told her line manager about his disabilites and was told if he was illl(like a seizure)just to go and not bother about work,since being there she,s been off twice,due to my son being ill(before her shifts changed)anyway yesterday she phoned in saying she couldnt do 6-10.15 pm shift as my son had a 30 min seizure,today she was called into the office and told she was getting a warning,even though she told them about our son being ill!!! does she have any right of appeal? or can she go to the union?
another schoolgirl suffered the same she was off 3 times in 6 weeks with bad asthma,yet was given a warning,even though they knew her mum died of a asthma attack 2 years ago,and the daughter found her

sealady

Sorry no real advice, I would appeal and if she has no join perhaps ask the unions opinion but I would not hold out much hope. Someone like Tesco probably has watertight employment agreements.

Tesco are probably the worst employers when it comes to having time off!

When I was working there I had a stinking cold, runny nose, streaming eyes all the rest and I was not allowed to go home even though I was working in the staff restaurant preparing food for the staff.

LittleVoice

I believe that if she were disciplined (that is suffered some action) because of her absence arising from your son's disability that would be direct discrimination on the grounds of disability and therefore illegal.

peediedj

LittleVoice wrote: »

I believe that if she were disciplined (that is suffered some action) because of her absence arising from your son's disability that would be direct discrimination on the grounds of disability and therefore illegal.

thats what she said,but they wouldnt listen to her:mad:

dmg24

LittleVoice wrote: »

I believe that if she were disciplined (that is suffered some action) because of her absence arising from your son's disability that would be direct discrimination on the grounds of disability and therefore illegal.

That would be the case if the employee was disabled herself.

How old is the child?

LittleVoice

dmg24 wrote: »

That would be the case if the employee was disabled herself.

How old is the child?

Actually it is still direct discrimination. I know I've read a case recently. I'll try and find it.

ohreally

A disciplinary hearing should be convened before the employer dispenses a warning.
Has a warning been given yet or is the employer telling her a hearing is going to be arranged?

dmg24

LittleVoice wrote: »

Actually it is still direct discrimination. I know I've read a case recently. I'll try and find it.

Possibly on the grounds of being a carer, but you cannot claim direct disability discrimination when you are not disabled.

peediedj

dmg24 wrote: »

That would be the case if the employee was disabled herself.

How old is the child?

my son,s 11

cazziebo

LV

You might be thinking of this one

http://www.personneltoday.com/articles/2008/07/25/46892/indirect-disability-discrimination-ruling-has-major-implications-for-hr.html

Very recent, and I think the HR world has been a bit surprised by it so policies have not yet been updated. Interesting to see what develops - not sure if it's going to appeal.

After three absences it is more likely to be a counselling interview, rather than a disciplinary so no requirement for a hearing at this stage.

peediedj

ohreally wrote: »

A disciplinary hearing should be convened before the employer dispenses a warning.
Has a warning been given yet or is the employer telling her a hearing is going to be arranged?

just being told shes getting one once they have a meeting with the manager