Worried- sickness & warnings from employer?

Minxz

Hi i wonder if anyone can reassure me?!

3 weeks ago I had a night off work due to having really bad flu, couldn't even get out the house, let alone get to work, so phoned in and all seemed fine.
I work part time, one evening and saturdays every week at a well known supermarket, but because I only work 2 days, my 'percentage' of time off instantly went above their 3% threshold.
We had a meeting the following week( last saturday) and we had a chat, then they made me stand outside the room( felt like a naughty teenager.. I'm over 40!) then they called me back in and changed the meeting to a 'disciplinary meeting'
Then the supervisor read out a verbal warning, and I got quite upset, although tried very hard not to let them see!
I argued that they knew I wasn't a lazy worker, and often came in when they were short staffed to help out, and I don't get paid for the night off anyway, and can't actually afford time off. Made no difference.
they told me I'd get another warning if i was off again in the next 8 weeks.

Then, typically, over the weekend i came down with gastroenteritis, and it got worse, so yesterday morning i couldn't even walk downstairs without fainting.
My partner had to take the day off to look after me and our toddler, and rang work for me, explaining he'd had to look after me etc.

I'm now really worried abou what will happen when i go back on saturday.
I realise they have to keep a lid on people taking random days off, but when proof is shown that both times i saw a doctor, and was on medication, and yesterday I was in touch with Nhs Direct and had the doc out, i feel it'll make no difference.

I've only worked there 7 months, and had 2 nights off due to illness, and need the job
Does anyone else here work for this big company and offer any advice?

Thank you x

fengirl_2

As you have worked there for less than 12 months, you can be fired for any reason (apart from discrimination), so if they decide to let you go, there is nothing you can do.

However, the fact that they gave you a warning instead of firing you on the spot seems to indicate that they are prepared to give you the benefit of the doubt. If they have you in following this latest illness, you can only show them the evidence you have and plead your case as you have to us.

Most large companies will try and manage sickness absence, and will be dubious about multiple instances of days off with 'low level' illness such as colds and migraines (which, lets face it some people claim to have in order to get a day off), rather than some more 'serious' long term illness.

SomeBozo

As stated above, in the first year you can be sacked for any reason except discrimination.

Its also worth noting (as there are other threads on sickness) that you can't be sacked for being ill.

What you can be sacked for is "being incapable of doing the job you are contractually employed to do and paid".

So that means if you have a lot of sickness (whether genuine or not) you can be deemed to be "incapable" of doing your job and be fired. There is a process to follow and it is further complicated if you have a disability, but thats generally it.

Bozo

logie28

I wouldn't worry to much , most companies like to have these procedures for sickness, Gives some one in the human resource team a job to do!!

You may find it is company policy to issue a warning to any on going above the % threshold the company has set for time off.

I wouldn't take it personally, what you have to realise if they have to implement the rule to every one.

Its unfortunate you work the low hours which as you say increases your % when you have a day off, Really its like you working 50% of your working week.

If they have given warnings to others about exceeding the time off allowed , it is reasonable they have to issue you with one.

Doesn't seem fair but they are only following their own rules and procedures.

I wouldn't take it personally though.

dmg24

logie28 wrote: »

I wouldn't worry to much ...
I wouldn't take it personally though.

I am sure that you would not worry too much or take it personally, it is not you that could lose your job! :rolleyes:

OP, SomeBozo's advice is spot on, it is possible to be dismissed due to incapability, even when the action seems out of proportion due to you working part time hours.

If you do not already have a copy, I would ask for copies of the Sickness Absence and Disciplinary policies. Then even if you cannot stop the process, you can be aware of the different stages and possible outcomes.

The usual process would be as follows, though this would vary according to the employer:

Trigger 1 - Verbal warning
Trigger 2 - Written warning
Trigger 3 - Final written warning
Trigger 4 - Dismissal

However, these are not set in stone, and another possibility is that they may extend your review period but keep you at the same warning level.

It may be that the employer wishes to get input from Occupational Health. I would take advantage of this offer, and ask that they contact your GP who can confirm that your absences were genuine, but due to isolated incidents that are unlikely to recur.

Let us know how your return to work goes x

Snuggles

fengirl wrote: »

However, the fact that they gave you a warning instead of firing you on the spot seems to indicate that they are prepared to give you the benefit of the doubt. If they have you in following this latest illness, you can only show them the evidence you have and plead your case as you have to us.

Most large companies will try and manage sickness absence, and will be dubious about multiple instances of days off with 'low level' illness such as colds and migraines (which, lets face it some people claim to have in order to get a day off), rather than some more 'serious' long term illness.

But the OP had only had one night off sick when they were given a warning! I am completely gobsmacked that an employer would behave in this way. No one goes through life without ever being ill, and subjecting someone to disciplinary action after just one instance of being off ill seems almost like harassment to me.

Maybe I have just been very fortunate in where I have worked, but I have never encountered anything like this. In fact, I am off ill myself today and when I rang my boss this morning and said I hoped to be well enough to go to work tomorrow, he said just take it easy and don't come in unless you really feel well enough. I'd be sick with worry if I thought I might face disciplinary action for a one off bout of illness. I find this really shocking!

dmg24

Snuggles wrote: »

But the OP had only had one night off sick when they were given a warning! I am completely gobsmacked that an employer would behave in this way. No one goes through life without ever being ill, and subjecting someone to disciplinary action after just one instance of being off ill seems almost like harassment to me.

Maybe I have just been very fortunate in where I have worked, but I have never encountered anything like this. In fact, I am off ill myself today and when I rang my boss this morning and said I hoped to be well enough to go to work tomorrow, he said just take it easy and don't come in unless you really feel well enough. I'd be sick with worry if I thought I might face disciplinary action for a one off bout of illness. I find this really shocking!

It is pretty standard in many multinationals nowadays, with little regard to personal circumstances. It is quite legal as long as they can show that they apply the same criteria to all staff (although I can personally see the argument that it puts part timers at a disadvantage).

McKneff

Surely they cant change a 'chat' meeting to a disciplinary at the drop of a hat, dont they have tohave 24 hour notice for a disciplinary and a choice to take an impartial witness into the meeting.

Have they given you written confirmation of this verbal warning and notice to appeal if you wish.

It seems that someone doesnt know what they are doing and not following correct procedures.

fatou256

i think the Op shoudl raise a grievance the OP enployers seem to have not follow any procedure regarding disciplinary procedure
he minimum three steps that must be followed are:

• step one: the written statement
• step two: the meeting
• step three: the appeal meeting.

http://www.adviceguide.org.uk/index/life/employment/dealing_with_grievances.htm




"We had a meeting the following week( last saturday) and we had a chat, then they made me stand outside the room( felt like a naughty teenager.. I'm over 40!) then they called me back in and changed the meeting to a 'disciplinary meeting'"

Oldernotwiser

Minxz wrote: »

Hi i wonder if anyone can reassure me?!

3 weeks ago I had a night off work due to having really bad flu, couldn't even get out the house, let alone get to work, so phoned in and all seemed fine.

You couldn't possibly have had flu for just the one night! Employers frown on these odd days off rather more than they do for longer periods of certificated illness.

Snuggles

dmg24 wrote: »

It is pretty standard in many multinationals nowadays, with little regard to personal circumstances. It is quite legal as long as they can show that they apply the same criteria to all staff (although I can personally see the argument that it puts part timers at a disadvantage).

Wow, I had no idea. It just seems to go against common sense, decency and fairness to issue someone with a warning after ONE episode of sickness. I hadn't realised how fortunate I am - I really have had a sheltered life in the public sector.