Employers sickness review procedure

[Deleted User]

My wifes employer has got a procedure where if you're off sick you go for a sickness review. Then you get certain levels if your sickness doesnt improve. Unfortunately, they stick to the rules and are very inflexible with it and dont allow any deviations.

Anyway, wife was off with flu, and then broke her hand in work on a faulty door. Level 1. About a year ago she suffered depression and was off for a few months. Level 2.

The last few months shes been ill and the doctors have yet to find out whats wrong. Shes waiting to see a consultant. Basically, she keeps getting chest infections every few weeks.

During this time, shes tried to go back to work, but twice now shes been sent home from work by the Sister (shes a nurse). Trouble is each instance counts as one sickie.

So even though shes got a sick note from her doctor for every single time shes been sick, she potentially facing a final warning now.
Even though her manager, the Sister, knows the score and is happy to
vouch for her, it goes higher than this.

Its really unfair because being off sick for a year would count as one sickie, but because shes made an effort to not let people down it counts as multiple sickies.

I've told her to speak to the union, but does anyone know what the legal situation is with this? Could they really get rid of her even if the doctor proves shes been ill?

Vader123

Could they really get rid of her even if the doctor proves shes been ill?

Yes they can.

People often think that they can't be sacked while off sick (with a doc note or not).

There is a procedure to follow, you can't just sack someone for being ill, but it sounds like thats what they are doing.

She needs to speak to her manager and ask for options, plus get Occy Health involved for support.

But be under no illusions that she can be sacked for breaking the policy.

Vader

[Deleted User]

Vader123 wrote: »

Yes they can.

People often think that they can't be sacked while off sick (with a doc note or not).

There is a procedure to follow, you can't just sack someone for being ill, but it sounds like thats what they are doing.

She needs to speak to her manager and ask for options, plus get Occy Health involved for support.

But be under no illusions that she can be sacked for breaking the policy.

Vader

That seems so unfair.. Genuine illness and you can be sacked?

Vader123

[quote=[Deleted User];25908117]That seems so unfair.. Genuine illness and you can be sacked?[/QUOTE]


Yes, you can be sacked for too much illness. Its a standard thing these days.

If you have a paticular health concern (what we used to call "disabled") that effects your work, and comes under the DLA, your work has to make adaptions to your environment and work to help you.

However this can't happen if you are not at work, and even those type of people above can be sacked.

A sick note or illness does not mean you can't be sacked for absence.

Sorry, good luck to you and your wife.

Vader

Rockporkchop

If being off continuously counts as only one sickness, why doesn't she just stay off work until she is completely better? What's the point of going back unwell, getting sent home sick and incurring multiple absences?

viktory

[quote=[Deleted User];25908117]That seems so unfair.. Genuine illness and you can be sacked?[/QUOTE]

I don't consider it to be unfair. While someone is off sick, their team have to cover their work putting pressure on the rest of the team - and if there is other sickness or annual leave the situation can become dire. Eventually something has to give.

How long and how many periods of sickness are 'fair'? How long should others pick up the slack and perhaps risk their own health through overwork?

belisha-beacon

She should speak to her union with a view to drafting a letter complaining about the situation and asking for some of the sick days to be discounted from the tally used for disciplinary in her case.

Although it is legal to sack someone for being ill too often, it is illegal to discriminate on the grounds of disability and chronic depression can count as a disability. There have been some legal challenges where it has been established that disability-related absence should be treated seperately to general sickness for the purposes of disciplinary procedures. If your wife's depression could come under the definition of disability and the reason that she was off was because at the time her employer could not make reasonable adjustments to enable her to be able to go into work, then she should be able to get at least that excluded from the number of days counting against her (she should get this confirmed formally, in writing)

Likewiase there should be a way of getting sickness for an injury caused at work excluded from the total tally. It doesn't sound as if she has sued them to the ends of the earth, as some people would have done, so asking them to make sure that she is not penalised for their error seems like a small thing to ask in comparison.

[Deleted User]

Rockporkchop wrote: »

If being off continuously counts as only one sickness, why doesn't she just stay off work until she is completely better? What's the point of going back unwell, getting sent home sick and incurring multiple absences?

Because she felt well and wanted to help out because they were short. No staff = operations getting cancelled.

Seems like its better to string out your illness as long as possible.

[Deleted User]

viktory wrote: »

I don't consider it to be unfair. While someone is off sick, their team have to cover their work putting pressure on the rest of the team - and if there is other sickness or annual leave the situation can become dire. Eventually something has to give.

How long and how many periods of sickness are 'fair'? How long should others pick up the slack and perhaps risk their own health through overwork?

My argument is that there does need to be some discretion. I appreciate that 'odd' random sick days are a problem for most employers but I think the employer needs to look at the whole picture.

For instance, another person who works with my wife accrued two sickness instances when her mother died and she needed some time off. Somehow dont think thats fair?

[Deleted User]

belisha-beacon wrote: »

She should speak to her union with a view to drafting a letter complaining about the situation and asking for some of the sick days to be discounted from the tally used for disciplinary in her case.

Although it is legal to sack someone for being ill too often, it is illegal to discriminate on the grounds of disability and chronic depression can count as a disability. There have been some legal challenges where it has been established that disability-related absence should be treated seperately to general sickness for the purposes of disciplinary procedures. If your wife's depression could come under the definition of disability and the reason that she was off was because at the time her employer could not make reasonable adjustments to enable her to be able to go into work, then she should be able to get at least that excluded from the number of days counting against her (she should get this confirmed formally, in writing)

Likewiase there should be a way of getting sickness for an injury caused at work excluded from the total tally. It doesn't sound as if she has sued them to the ends of the earth, as some people would have done, so asking them to make sure that she is not penalised for their error seems like a small thing to ask in comparison.

Exactly. I said at the time she could have kicked up a fuss about the door. Even when they counted it as one sickie in her review.

[Deleted User]

viktory wrote: »

I don't consider it to be unfair. While someone is off sick, their team have to cover their work putting pressure on the rest of the team - and if there is other sickness or annual leave the situation can become dire. Eventually something has to give.

How long and how many periods of sickness are 'fair'? How long should others pick up the slack and perhaps risk their own health through overwork?

Viktory,

I'm guessing you're probably someones whos been fortunate to have never suffered any form of serious illness thats affected your ability to work?