Urgent: Absence- What are my rights?

thesim

Hi all.

I started a job with an office in 2008 (fulltime), last year I got put on a warning for absence due to being off sick (approx May 2009)

Anyway,

Just before Christmas I was struck down with swine. I guess I could say I was lucky, most of the time off was during the time the office was shut but as I was off for 3 days at that time (written off by Dr), anyway, Feb this year as a result I got placed on a 2nd warning as a result of swine (I was ill for a month but only off for 3 days)

Anyway, roll forward a few months, to last month I came down with with flu, ear infection & chest infection. I was off for 3 days, then came in for a saturday as I wasnt feeling so bad and come the Monday I was worse and had no voice. I turned up to work anyway but basically got told either to take calls or go home.

As a result of this they have decided to hold an emergancy meeting.

I understand why, my sickness has been genuine, but I would like to know my rights, especially as with the Swine occasion it was posted practically everywhere that you should avoid going to work with the symptoms, which as soon as it was diagnosed I did but I had a dr's note.

Also in regards to the most recent, I made the effort to come in although I could have quite happily stayed in bed dying, to be told to go home because they felt I could infect someone else (which I understand again).

Can anyone help, all I want to know is where I stand in regards to these issues

Thanks.

Emmzi

forget whether things are "genuine" illness, this makes little difference. The question is whether you are generally fit to fulfil the obligations of your contract.

you need to get hold of your comapaanies attendance policy. some will dismiss after second warning, some third. what does it say?

thesim

3rd can lead to review of contract.

ZootHornRollo

if you currently receive sickness pay, you may find this will be revoked as part of a 'review of contract.'

dori2o

The employer seems to be acting rather harshly.

Excusing the Swine Flu, which most employers accept was a one off pandemic, then your looking at 1 abscence per year from what you have written. Surely everybody has the right to be (genuinely) ill at least once a year?

How many periods of sickness did you have from when you started to your first warning, and in what time frame?

Are their any other factors in play. Is your work of the standard required?

Surely, if it is only 3 absences, one of which was a major national 'incident' their should be nothing to worry about.

Googlewhacker

The problem the employer has is that if they don't follow through with their procedures and at least review the contract then come someone they wish to get rid of they may not be able to if they are to be shown not to be using the same criteria from one as another

kingfisherblue

When you received your original warning for being off sick, on how many occasions had you been absent? And for how long each time? It seems unusual for you to receive a warning if you had only been sick once.

If you received the warning because of too many occasions, even if they were very short, it is hardly surprisig that your employer is keeping a close eye on further periods of absence.

SandC

This sounds like it relates mainly to continuing to follow their own sickness policy after your first warning for sickness given to you in May 2009. Since then you have been off on those 2 occasions, is that correct? It does seem a little harsh that it's over a year since the original warning was given.

But I wouldn't panic - wait and see what they have to say. You don't mention how many occasions of sickness you had that led to the warning in May 2009. You will probably be able to demonstrate your improvement since then - ie. only 2 absences since that time in the course of a year.

Do not mention anything about being 'genuinely ill'. ALL cases of absence from work due to sickness should be genuine. Do not make them think that any of your previous absences were not genuine by using this statement to refer to your most recent cases.