Oh had verbal warning

milliemonster

My oh is a prison officer and has worked at the same prison for the last 15 years. He is a good man, committed to his job and worked hard, a few years ago he had an accident at work which injured his back and has been plagued by problems since.

Recently he has just had 4 weeks off work due to slipping on the stairs aggravating his back problem, this is the only time since his accident 10 years ago that he has been off with his back, he slipped just before a 5 day run at work in which he went to work and put up with it because he didn't want to let his colleagues down, even though his line manager at work kept telling him to go home.

After his 5 day run finished, he went to the doctors mainly to get more pain killers but the dr signed him off for a month, referred him for physio and told him he couldn't work due to he nature of his job.

He has his physio appt in a week or so time but has now been back at work for a week and has been given a verbal warning for sickness. This is because he has had more than 10 days off in a 12 month period and this is the prison's policy. This is the only sickness he has had this year.

He has told me not to worry about it but I can't help but worry and feel it's grossly unfair. I appreciate this may be the prison's policy but, surely they can't just write any policy that suits them if its unfair? I just think a verbal warning is a bit much, can anyone give any advice?

jazzyman01

If he can show medical evidence that he has been plagued with back problems then it is a condition that has lasted more than a year. As a result he may well be covered under the disability discrimination act. If that is the case, then the prison would need to take this into consideration when following their absence policy and to discipline someone because of their disability would be grossly unfair.
He should look at the absence policy and the disciplinary policy.

Oldernotwiser

If he's unhappy with this situation he should discuss it with his union.

Debt_Free_Chick

It's just routine. Ultimately, anyone can be dismissed if they are unable to do their job, even if their incapability is due to sickness. There is some protection if the employee is covered by the Disability Discrimination Act, however.

As the ultimate end game could be dismissal, then there's a process to be followed. What the employer has done is to issue the first stage warning under that process.

I wouldn't worry too much, but bear in mind that OH can be dismissed - not for being off sick, as such, but if his illness means that he can not do his job.

As suggested, he should get a copy of the sickness policy, together with the disciplinary and grievance policies.

custardy

Debt_Free_Chick wrote: »

It's just routine. Ultimately, anyone can be dismissed if they are unable to do their job, even if their incapability is due to sickness. There is some protection if the employee is covered by the Disability Discrimination Act, however.

As the ultimate end game could be dismissal, then there's a process to be followed. What the employer has done is to issue the first stage warning under that process.

I wouldn't worry too much, but bear in mind that OH can be dismissed - not for being off sick, as such, but if his illness means that he can not do his job.

As suggested, he should get a copy of the sickness policy, together with the disciplinary and grievance policies.

exactly,in my own place he would now be on a 'stage 1' of the conduct code for sickness

custardy

Tom_Saunders wrote: »

This is not correct. Sickness is NOT a conduct issue. As a postman you get put on a Stage 1 after 4 absences or 14 days. This is under the attendance procedure NOT Conduct code.

If you are going to give advice please give it correctly.

Sickness is NOT conduct.

alright calm down dear :rolleyes: wrong term,attendance procedure
jeez,i'll just step out of your section as im obviously not qualified for the forum police

robredz

custardy wrote: »

alright calm down dear :rolleyes: wrong term,attendance procedure
jeez,i'll just step out of your section as im obviously not qualified for the forum police

I'd watch out in case the OP's OH remands you in custody.

KiKi

Hi milliemonster

I wouldn't panic. In my organisation, any 2 spells of sickness occurring in any 13 week period, or any 5 spells within a year would immediately initiate an informal meeting and warning. The manager would take into account whether someone is frequently off with 'flu' or 'a cold', or whether this was highly unusual and serious. If you were off with 2 spells for cancer, for example, the process would be triggered but it wouldn't be held against you in any way, and probably removed from your file.

If you were someone constantly off with colds and flu who was playing the system you would progress through the warnings system following those triggers.

It's probably an automatic trigger, and one period of genuine sickness, covered by a doctor's note, given his immaculate health history shouldn't be anything to worry about.

KiKi

PasturesNew

You shouldn't worry. It's in their procedures to issue the warning as it's a box to be ticked if they have a habitual liar and need to end up getting rid of them.

The "worst" that will happen is that with enough notices like this he'd be asked to see the occupational therapist - but he's been telling the truth, isn't taking off too much time and he'd probably get extra help - or even his "triggers" moving so he didn't get a notice so soon next time.

Just forget all about it, it's "not for his sort" that the procedure is in place, but to catch the lead swingers.

It's just a bog standard procedure, nothing to worry about at all.

milliemonster

Thanks everyone, yes he has told me it is an automatic trigger that is computer generated but I'm a worrier!

He actually phoned the occupational health team while he was off off his own back to arrange to see her as he wanted to get back to work and be fit again. They have been great and have actually said they will seekt to get the warning removed from his file as they feel it is inappropriate, as do his immediate managers. I guess I'm just shocked that this has happened after one period of genuine sicknes!

wynnvegas

For one period of sickness absence, particularly of this nature and with his effort to continue working (incidentally, his line manager should have clearly insisted that he not continue working as soon as he was aware of his back pain as it opens up potential liability for the knowing employer.

For a first instance of sickness, any kind of warning is ott and he should appeal it - if he has a union they should be able to get rid of this warning very easily. An unscrupulous employer following strict absence levels with no flexibility to take account of individual circumstances is one asking for trouble later down the line.