Can you get sacked for being off sick 3 times in a year

lindseykim13

I don't think i have been clear in my opening op, he rang in every day that i was ill to update work he didn't just 'not show up'
His work are calling it an 'unauthorised unpaid absence' even though they had no problem on the phone and said it was fine.

MrRedundant

Its really irrelevant all this

It sounds like;

Hearing 1 - Exceeding a pre set episodes of absences. In this case 3. Very unlikely to be a dismissal for this. More likely a warning. I am guessing someone reviewing the unauthorised absence spotted that the required discliplinary for exceeding absence hadnt been seen

Hearing 2 - Unauthorised absence. It is never acceptable to simply not show up. Your OH at the best had a reason for a day to sort out childcare. It is not the case you can expect a week off every time you are ill or otherwise indisposed, They are your children not your employers and why should they lose a week because you have flu. This one I suspect could be a likely ground for dismissal especially if a warning from hearing 1 is on file.

I suspect your OH will escape but be on a final written warning which based on your post he will breach in about a week.

lindseykim13

Thanks please read my ^update he didn't just not show up they knew the situation and were happy with it. The problem with the place he works at there are too many people 'in charge' and they all have different opinions. So for the manager who was fine about it theres another putting him through procedure.

UPDATE-
I am really sorry i have got my facts wrong DH has just informed me the 'unauthorised absense' was in fact for just 2 days not the week i had first thought i'm getting confused with everything and being stressed out at the mo. He did ring in though each day as mentioned.
I have also updated the op.

So we are talking 3 periods of sickness and 2 days off to help me when i was ill.

GavB79

bungle4by4 wrote: »

well then, if thats how you deal with something as simple as the flu, you had better get used to a life on benefits. because your hubbs will be out of work very soon,

Yeah, he should struggle in and pass it on to everyone else he works with. You, sir, are a moron and your posts in this thread are the most needlessly offensive I have read in a long time.

MrRedundant

Read up on parental leave. The 2 days might just stretch as that and they wont be able to discuss for 3 short illnesses.

liney

The bones of it are we have an employee who has been on previous written warnings and regularly has sick time (it has been stated they don't normally come down this hard in previous years) including 10 days sick in the past year and 2 days effectively to homeschool his children.

You say they were 'fine' with him being absent when you had flu, but other than 'OK tell us when you are back" and dealing with the situation when he returned what should they have done? If your response is 'He would have gone to work' then he never should have stayed home in the first place!

They may try go for unauthorised absence = Gross Misconduct, but I doubt it because he could try arguing that he took Emergency Dependant Leave. They will probably give him a warning now, and follow up every other issue correctly in order to summary dismiss due to general poor attendance.

liney

MrRedundant wrote: »

Read up on parental leave. The 2 days might just stretch as that and they wont be able to discuss for 3 short illnesses.

Parental Leave has to be booked in advance. It's Emergency Dependant Leave you are probably referring to, however it should be stated that this is what the employee is taking at the time of reporting absence so may not wash in retrospect.

Sambucus_Nigra

liney wrote: »

Parental Leave has to be booked in advance. It's Emergency Dependant Leave you are probably referring to, however it should be stated that this is what the employee is taking at the time of reporting absence so may not wash in retrospect.

It's called Time off for Dependents

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Parentalleaveandflexibleworking/DG_10029416

ohreally

The ACAS code of practice states reasonable notice should be given ahead of a disciplinary hearing, I'd suggest leaving this to the steward to deal with.

As there appears to be trade union recognition, it would be reasonable to assume there would also be workplace agreements in place that stipulate the framework within how the hearings are arranged and conducted, again i would advise letting his TU deal with this.

His shop steward should be his first point of contact.

lindseykim13

liney wrote: »

They may try go for unauthorised absence = Gross Misconduct

This is exactly what they are doing his letters are titled gross misconduct, both on the illness one and the 2 days absence.