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

Jinx

Call HR and ask for the absence policy. They have to provide it and your Union Rep should be totally understanding of the company rules on this.

At the company I work for, any one absence over 6 days in a rolling year or 3 separate occassions regardless of length will trigger an absence review. 4 or more absences gets you an improvement notice lasting 6 months and you will not get paid, only receiving SSP. Regular sickness within your 6 month probation means you won't make it through probation!! Our company is getting really harsh on repeat sick offenders and are now weeding out those who can't/won't come to work....

liney

Sambucus_Nigra wrote: »

It's called Time off for Dependents

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

This is a link to Parental Leave; the Dependent Leave is to deal with emergency situations: http://www.direct.gov.uk/en/parents/moneyandworkentitlements/workandfamilies/dg_10026555 or http://www.unitetheunion.org/resources/equalities/equalities_resources/employment_rights_for_working/your_right_to_dependant_s_leav.aspx

lindseykim13

liney wrote: »

This is a link to Parental Leave; the Dependent Leave is to deal with emergency situations: http://www.direct.gov.uk/en/parents/moneyandworkentitlements/workandfamilies/dg_10026555 or http://www.unitetheunion.org/resources/equalities/equalities_resources/employment_rights_for_working/your_right_to_dependant_s_leav.aspx

Excellent thankyou, i have printed those out and from what i have read the 2 days that he took off could/should have fallen into this catergory.
I have also noted that his migraines were known of when they employed him, is it therfore right for them to be holding the 2 migraine 'incidents' against him as they knew of them on employment?

liney

DDA doesn't stop you from being dismissed though as long as 'reasonable adjustments' are made, and whether migraines are covered seems grey, and it is implied that they are covered only in severe/very regular circumstances here:http://www.personneltoday.com/hrspace/forums/are-migraines-covered-under-dda-2459.aspx

Aside from that it appears to be the unauthorised leave that is the issue not sickness, and if he didn't actually call and specifically excercise his right for Emergency Dependant Leave he may be on a sticky wicket. Have you asked ACAS what they think?

Party_Animal

I have to agree with Jinx, and I've been involved in quite a few hearings. The bottom line is there should be a Sickness Absence Policy in place. A copy is normally issued at induction and if there are any amendments, a revised copy should be passed to all staff. The policy should state what to do if you are unfit for work e.g ring in on days 1 and 3, obtain an unfit for work note after 7 days and exactly how many days or absences trigger a revue. A lot of companies are tightening up but unions are normally consulted and staff must be made aware of any changes in policy. As for warnings, you can't refer back to something which has expired, otherwise what's the point in having an expiry date?

lindseykim13

liney wrote: »

Have you asked ACAS what they think?

Sorry who are acas? he's in gmb union at work.

lindseykim13

Party_Animal wrote: »

I have to agree with Jinx, and I've been involved in quite a few hearings. The bottom line is there should be a Sickness Absence Policy in place. A copy is normally issued at induction and if there are any amendments, a revised copy should be passed to all staff. The policy should state what to do if you are unfit for work e.g ring in on days 1 and 3, obtain an unfit for work note after 7 days and exactly how many days or absences trigger a revue. A lot of companies are tightening up but unions are normally consulted and staff must be made aware of any changes in policy. As for warnings, you can't refer back to something which has expired, otherwise what's the point in having an expiry date?

He has never been given a policy nor amendments he usually only hears of rule changes through word of mouth with other collegues. The only way you get something in that place is if you nag for it. HR think its ok to send out a letter recorded delivery the day before a meeting. Arriving only 3hrs before said meeting!
The union have dealt with that now though.
I can't understand the past warnings being used either.

DH just does what he thinks is polite and correct and ensures he phones work as soon as someone is there to answer the phone every day he is off unless told otherwise. He does treat his job with respect and is always there unless he has a very good reason not to be. The past warning was only issued because our son was in and out of hospital with his athsma which lead to the previous years '7 days off'.

patman99

When I used to work at Trane, we had a back-to-work interview every time we had time off sick, even for 1/2 a day.
There were 1 or 2 people who used to have weeks-off on end, but they were soon 'cured' by promoting them.

Mrs_Ryan

Theres someone I work with who has bad migraines and I know they arent allowed to discipline her because of time taken off due to them, I believe they are covered under the DDA?

moggylover

Jinx wrote: »

Call HR and ask for the absence policy. They have to provide it and your Union Rep should be totally understanding of the company rules on this.

At the company I work for, any one absence over 6 days in a rolling year or 3 separate occassions regardless of length will trigger an absence review. 4 or more absences gets you an improvement notice lasting 6 months and you will not get paid, only receiving SSP. Regular sickness within your 6 month probation means you won't make it through probation!! Our company is getting really harsh on repeat sick offenders and are now weeding out those who can't/won't come to work....

So, just what ARE people supposed to do if they are unfortunate enough to get ill? It would be great if we were all well oiled robots, but we aren't: we are human beings and as such sometimes we get ill, or our families get ill and employers, imo, need to grow some humanity and deal with that. Perhaps if they weren't so tightly understaffed it would help.

By all means, if it is someone who suffers from Mondaymorningitis and the company knows that they are not "ill" just not turning up, then they need to question them and attempt to prove that. Illness is not a crime, however, and these Companies should be ashamed of themselves for their action where someone has a family member with health problems (i.e. the little lad with asthma) and they cannot show any humanity towards them.

Op, I cannot offer any advice, others here are much more knowledgable than i, but wish you and your OH luck with the situation. The union should be able to deal with this, unfortunately a lot depends on how articulate and clued up the rep is, and they aren't always:(