advice please

Legacy_user

can anyone point me in the direction of any legal wording that says a an employer can not have both illness and emergency leave combined to form the basis of a disciplinary .
im sure ive seen something somewhere but i cant find it .

tizerbelle

CHRISSYG wrote: »

can anyone point me in the direction of any legal wording that says a an employer can not have both illness and emergency leave combined to form the basis of a disciplinary .
im sure ive seen something somewhere but i cant find it .

Probably not. AFAIK there is no such law unless you are confusing sickness absence due to pregnancy - that shouldn't be taken into account in absence records.

ovoreo

I think we'd need to know the allegations being listed for the hearing to be able to appropriately offer you advice. Assuming that this is some kind of capability -too much unauthorised absence has occured sort of issue? Disability might be another reason to exclude specific absences from disciplinary action However depending on how excessively they are being used doing mean action can't be taken. This is all total guess work based on loads of assumptions made about your post!

System

basics are -in the last 6 months ive been ill [docs notes] 3 times
2 periods of emergency leave when dd had tonic clonic seizures [hospitalised once]
discaplinary trigger is 4 abscences but i believe they should not have put the two different types of leave together.

Emmzi

it'd be unusual to have a trigger point of "4 absences" - usually there is component of how many days as well which may have been breached.

*most* employers have some kind of emergency dependents leave guidelines. This is *around* a max of 5 days paid leave designed to enable you to organise childcare, not DO the childcare. other leave would tend to be unpaid.

What *exactly* does your poilcy state as trigger points for attendance management, and how long was each absence you had,

What does it say about dependent's emergency leavee, and what leave did you take paid, and unpaid?

System

my companys trigger point is 4 periods of abscence, it doesnt matter the lenght of them.there is no clear policy re emergency leave but uk law i believe states you cannot be penalised for taking emergency leave unless the employer thinks you are lying thats not the case here.
i have found out that as the primary carer of a disabled dependant i am covered by the DDA , there was an employment tribunal that was referred to the european courts of justice that upheld a complaint that a carer is covered as if they were disabled themselves.
Part of my complaint is that anther employee was allowed to make time off up thus not triggering a disaplinary.

Emmzi

it does depend how you are defining emergency leave, however

It is time off to *arrange care for* a dependent, not to do the caring yourself.

You seem reluctant to tell us how many days you have actually had off through illness, and through caring?

MrsManda

CHRISSYG wrote: »

my companys trigger point is 4 periods of abscence,

You said in your previous thread about the same issue that your company's trigger point is 3 absences in 6 months
https://forums.moneysavingexpert.com/discussion/3116030

which is what you have had off. The fact that your letter requesting you attend a Stage 1 meeting also includes the two occassions you had off with your daughter does not necessarily mean that they are lumping those in with your sickness absences in order to trigger the meeting. It could simply be that they want to discuss those absences as well and figured it was better to have the discussion at the same time rather than scheduling another meeting though I guess it depends on how the letter is worded.

How many days off did you have off each time with your daughter?
Were you paid for these days off and if so, what is your company's policy with regards to taking time off for dependants, do they pay it? - it is only statutory that you can take unpaid leave so it may be that your manager put it down as illness so you still got paid.

System

i believed the trigger point was 3 but is actually 4 abscences[only found this out at the meeting], post 4 details breakdown. the 2 emergency leave occasions were 1 day each time .
dierct gov info covers the reasons why the leave was used ie to care for a dependant in an emergency

Emmzi

Well, if the trigger point is 4, and you have had 3, then you shuld be ok - all you have to do is point this out at the meeting.

What does your letter actually say though, you seem to be finding out "at meetings" what the policy is which suggests you haven't actually seen the policy?

Get hold of a copy. Come back and type in the correct wording. Then we can give you the best advice we can.

System

ive left my copy in my locker at work so i will update tomorrow.at yeasterdays disaplinary i was issues with a verbal warning that will stay on file for 6 months , i do intend to appeal this decision but i have to wait for a letter detailing yesterdays events.