Advice Please- Employment Law.

williacg

It does seem like quite a lot of time off within the space of just one year. But her union rep sounds like he is on the ball and fully up-to-date, here's hoping that all goes well for her tomorrow.

KayJ066

Thanks, Let's hope so eh!

Her union rep has got the head union rep from the local usdaw division up for a meeting today to see if there would be a case for unfair dismissial, should it happen.

williacg

That's good, so they're being quite supportive?

Have they mentioned whether or not there is a differece in her absences compared to those of her colleagues who have authorised their records to be accessed?

KayJ066

williacg wrote: »

That's good, so they're being quite supportive?

Have they mentioned whether or not there is a differece in her absences compared to those of her colleagues who have authorised their records to be accessed?

The union are yes, they are being really really good.

I don't know about the other collegues, they pulled their records as they have all been on a FWW, gone sick and then been given a grace and she hasn't so it's not fair in that sense.

I just hope she is ok tomorrow, she is really worried as there isn't much else out there so if she loses her job and there isn't a case for UD she is screwed pretty much.

Thanks for all the advice, Will keep an eye out for Sarel.

WestonDave

I think she needs to be seriously looking for another job. She may manage to survive this process (I'm not best placed to advise on that) but if she does, she will still be one more illness away from further problems (if she gets grace on this one she won't get it again). There is a potential scenario here that she survives this meeting, gets another winter bug before we get to the end of winter, gets fired, and then finds it even harder to get another job with that on her employment record. I'm guessing that she's been with this employer for at least a year (otherwise she'd have been out by now) which means that she will either have to put this employer down as a reference or fail to disclose it leaving a gap to explain.

On that basis I wonder if its worth her speaking to the Union about potentially negotiating a compromise agreement whereby she resigns with an OK reference for future jobs without them having to go through the process of sacking her. She's clearly not going to enjoy working there, is probably going to be watched and threatened at every turn, so I wonder if its worth pre-empting the seemingly inevitable and seeing if they'd take that.

As I say that's not advice on the legal position, but maybe something to think about in practical terms.

Strider590

Companies put these rules in place because people have taken the p1ss in the past, but it's always the case that it does nothing but harm those who are good workers, while allowing the p1ss takers to carry on regardless.

There's a woman where I work now, she's off 2 weeks in every month with either sickness or because her son isn't feeling very well.
I used to work with someone who had 24 Mondays "sick" and a total of 83 days sick, in one year!

Jeff_Bridges_hair

KayJ066 wrote: »

The union are yes, they are being really really good.

I don't know about the other collegues, they pulled their records as they have all been on a FWW, gone sick and then been given a grace and she hasn't so it's not fair in that sense.

I just hope she is ok tomorrow, she is really worried as there isn't much else out there so if she loses her job and there isn't a case for UD she is screwed pretty much.

Thanks for all the advice, Will keep an eye out for Sarel.

Just a thought but did these other employees that were given a 'grace' have a meeting with the management as your friend is doing? Or was it just carte blanche and they were told its ok?

chalkiesalem_2

WestonDave wrote: »

I think she needs to be seriously looking for another job. She may manage to survive this process (I'm not best placed to advise on that) but if she does, she will still be one more illness away from further problems (if she gets grace on this one she won't get it again). There is a potential scenario here that she survives this meeting, gets another winter bug before we get to the end of winter, gets fired, and then finds it even harder to get another job with that on her employment record. I'm guessing that she's been with this employer for at least a year (otherwise she'd have been out by now) which means that she will either have to put this employer down as a reference or fail to disclose it leaving a gap to explain.

On that basis I wonder if its worth her speaking to the Union about potentially negotiating a compromise agreement whereby she resigns with an OK reference for future jobs without them having to go through the process of sacking her. She's clearly not going to enjoy working there, is probably going to be watched and threatened at every turn, so I wonder if its worth pre-empting the seemingly inevitable and seeing if they'd take that.

As I say that's not advice on the legal position, but maybe something to think about in practical terms.

I was thinking the same thing. There is a pretty good chance that if she gets a grace, she is going to be sick again and it was all for nothing.

I would advise her to do as WestonDave says and see if she could resign rather than be sacked

KayJ066

Jeff- Yes, they had the meetings aswell.

My sister is well aware that if she is off sick again then she will be out the door. I think from what she said, she would rather stay there and look for another job whilst being employed, it seems much easier than being unemployed.

Googlewhacker

KayJ066 wrote: »

She is a good worker, she's just really prone to picking up infections/bugs and they just seem to wipe her out, she then feels better so goes back to work and within weeks she can pick it up again so it's another absence etc etc. She is on her Final Written warning, but other members of staff have recieved a grace if they have been off after getting a FWW and she hasn't. She was signed off as unfit by her doctor, she couldn't move hardly.

The union rep is trying to keep her job, not the manager.

Surely it depends what the final written warning is for to whether they get grace.

I am surprised she hasn't been sacked for her abscense yet and if she is off as much as you say then they should be pushing for it, union or no union and sorry but employees like that are a pain for employers as you can never get a decent period of work out of them.