Called in for disciplinary

dafcm1

Does anyone have any advice for me? I requested annual leave of 1 day from my company. I had given about a week's notice to take this day off to attend a job interview, however I told the office that I had to take this day off as my wife was away working and I had to take care of my kids. The holiday request was refused so on the day I had requested, I took the day off and called into the office sick with a bad back. Two days later I was sent a letter to attend a meeting for disciplinary action for unauthorsied absence. Does the company have any grounds for this as how can they prove I wasn't sick. Note, I don't get paid sick leave!

caz2703

It's one of those impossible scenarios. I too have been in the situation where I've needed time off for an interview but knowing some of my ex-managers I couldn't run the risk of asking for leave only for it to be declined so I called in sick without giving any indication that I had other plans for that day.

Not knowing any legal speak I'd say you really don't have many options. You asked for leave, it was refused then you took a sick day. Employers aren't stupid I'm afraid. I don't know if they need to prove you weren't ill but given the circumstances you've left yourself open for a disciplinary.

I hope all goes well but you took a risk and it came back at bit you on the backside.

dafcm1

Thanks for your reply.

I definitely feel like I have been singled out by them. Three colleagues that I work with were informed that they were going to have a disciplinary over falsifying time sheets which they did, but still have had no hearing. I took the sick day two weeks ago and have been pulled straight in!!

SarEl

I'm afraid that I agree. The employer does not have to prove that you were not sick, they only have to have reasonable grounds to believe that you lied about it. And I am afraid that having asked for the day off and been refused, then "happening" to get sick that day, does stretch the imagination a little too far. As was said by the previous poster, employers aren't stupid. I do hope that they aren't going to dismiss over this, but they would very possibly be within their rights to do so. So you should be prepared for the worst, and if it doesn't happen, I would suggest that you tread carefully for some time to come.

gravitytolls

Employers are legally obliged to give you time off for interviews, you sould've just told the trut.

It does look suspicious, but they can't prove you were lying, you'll simply have to convince tem it was a hhorrible coincidence, and calk it up to experience. They're obviously trying to scare you to ensure it doesn't happen again.

dmg24

gravitytolls wrote: »

Employers are legally obliged to give you time off for interviews, you sould've just told the trut.

It does look suspicious, but they can't prove you were lying, you'll simply have to convince tem it was a hhorrible coincidence, and calk it up to experience. They're obviously trying to scare you to ensure it doesn't happen again.

Please elaborate on which law you are referring to ... I am intrigued!

Sambucus_Nigra

gravitytolls wrote: »

Employers are legally obliged to give you time off for interviews, you should've just told the truth.

Ditto. How so?

loopy_lass

hi FWIW i beleived that employers only have to give you time off for interviews if you had been made redundant. I could be wrong. But my advice is, they cant prove you were not ill, a bit more forward planning would have been good... i.e. having maybe a couple more days off with it.. but then you run the risk of the "sickness" affecting your suitability for the new job.

You could stand your ground and say you had this "bad back" which suddenly got better the next day was actually something a little more personal and you were embarrassed to say.. possibly trotty tummy and ask for forgiveness.

my other bit of advice although it is a little late in this case is to join a union.

hth loops

tizerbelle

gravitytolls wrote: »

Employers are legally obliged to give you time off for interviews

Not correct. The only time there is a right to time off work for interviews is if you are being made redundant and then it is limited to "reasonable" time off. The OP has not stated that he is in a redundancy situation so this is a huge assumption and misleading.

gravitytolls wrote: »

It does look suspicious, but they can't prove you were lying

As SarEl explained, they don't have to prove he was lying, they just need reasonable doubt. Can OP prove he "did" have a bad back? Probably not as he was lying.

gravitytolls wrote: »

They're obviously trying to scare you to ensure it doesn't happen again.

Maybe, maybe not. We don't know the full situation, this may be the first time the OP has been in a disciplinary situation or it may not. Maybe his face doesn't fit and they are looking for a way to get rid. Maybe they just have a proactive absence management policy.

OP, you have admitted (to us at least) lying to your employer. The fact you don't get paid for sick leave is neither here nor there. They pay you to do a job, that job still needs to be done whether you are there or not whether you are being paid or not.

You took a gamble, got caught out and unfortunately you are paying the price for that. Depending on your position at work and the culture of your employers I don't know whether to say front it out and stick to the lie or throw yourself at their mercy.

GavB79

Did you take just one day off? How often does a bad back only affect someone for one day?? Should have thought that through...
Anyway, assuming you did go to the interview hopefully you were offered the position so any disciplinary action will be moot.

loopy_lass

my guess is its a risky thing also as OP may get new job offer dependant on satisfactory references. now they wont know that until they have accepted the job and left the other, if the old employer decides to put the sickness hullaballooo into the reference it wont look satisfactory!

difficult one, and again depends on your scruples, but in this day and age one cannot be complacent about keeping their employ at all costs even lying...

sorry hope it all works out

loops