Husband facing disciplinary

fairydiamond

Googlewhacker wrote: »

did you not read anyone elses posts? There has been good advice in thta your husband should point out his disability and ask for it to be considered.

Yes I did and I said thanks for the advice.

scheming_gypsy

fairydiamond wrote: »

The 4 occassions have been less than a week each time. Funny how someone else can have 6 months off and nothing is said about it.

That's because your husband has had four absences and the other person has had one. It doesn't go off time but the amount in a set period.

fairydiamond

scheming_gypsy wrote: »

That's because your husband has had four absences and the other person has had one. It doesn't go off time but the amount in a set period.

I understand that, but it just seems stupid.

fairydiamond

Thanks for all the advice anyway. We'll just see what happens.

fairydiamond

Googlewhacker wrote: »

They have to follow the same procedures so not to discriminate against other employers, HOWEVER the outcome can be different DEPENDING on circumstances.

Ah, now this does make sense. Thank you.

scheming_gypsy

fairydiamond wrote: »

I understand that, but it just seems stupid.

not really, if you're off for 6 months then it's pretty obvious that you've ill but if you phone in sick 4 times in 2 months then there's a good chance you're taking the piss. So the policy is there as a deterrent to people phoning in sick because they can't be bothered getting out of bed, or couldn't be bothered going home when they could still walk.
So as your husband does have a valid reason the disciplinary could be anything from a warning to just following procedure, so it's not one rule for him and one rule for others.

Naf

scheming_gypsy wrote: »

As you say, they have to follow policy for everybody so the disciplinary is part of that and anything could happen. They could just discuss his reasons and make sure everything is ok etc, and no action taken.

fairydiamond wrote: »

The 4 occassions have been less than a week each time. Funny how someone else can have 6 months off and nothing is said about it.

Annnyway, thanks for the advice.

I have been doing some research, and on Mcmillian's website regarding The Equality Act 2010 it says:

''discrimination may occur if your employer doesn’t take your situation into account. For example, this can include:

• an employer giving you a warning for high sickness absence levels, but not taking the cancer diagnosis into account''

Surely this applies to my hubby? If they are following the same policy for everyone (i.e 4 occassions of sickness) then they are clearly not taking his situation into account?

Uggh this is so fustrating! He has already said if he gets a stomach bug, he will go into work and see how they like that!

I can see if from the employers point of view too, I wouldn't want people off sick, but at the same time, these acts are here to protect you.

I've seen this in action. A colleague of mine triggered the sickness policy only because the company themselves refused to let her come into work. She had contracted shingles, so they were (naturally) concerned for young children, older people and especially pregnant customers. However, she actively tried to find a way they could allow her to do some work. Unfortunately they couldn't find any way, so she was forced to take sick leave. This (and only this: she was not off sick again at all afterwards) triggered the company sick leave policy, and she had to be taken through the disciplinary procedure. She didn't even get a warning, and I'm not certain anything was even kept on file about it.
I wouldn't worry; don't start thinking from the 'discrimination' standpoint (I have made the mistake of doing that, as SarEl can tell you), and it helps nobody. You know you're covered by discrimination law, and if the decision goes against you/OH then that is a possible avenue to investigate. Ensure he turns up prepared to bring up disability laws that he is covered by, and with his own suggestion of how the matter can be best managed in future fir both parties.
Oher than that, I would suggest SarEl's advice as best and most comprehensive (as ever, keep up the good work and thank you).

redandyellow

Hi, I think sickness policies usually deal with both episodes of sickness and length of sickness episode So, for example, the sickness policy is triggered if you have more than 3 episodes of sickness in a 12 month rolling period and are also triggered if you have more than 12 days sickness in a 12 month rolling period.

zzzLazyDaisy

As others have said - the Absence Management Policy is there for a reason.

The employer cannot pick and choose who to apply it to - that really would leave them open to a charge of discrimination. What they must do is to carry out a proper investigation, which includes taking into account everything that the employee has to say about the absences and the reasons for them. That is the point of the disciplinary hearing.

That is your OH's opportunity to explain to the employer the reasons for the absences, and to remind them that he is recovering from cancer and has a compromised immune system as a result of the illness/treatment, so to that extent the absences are directly related to the cancer and its after effects.

It is possible that the employer may want to involve occupational health and/or to obtain a medical report from your OH's GP. This is normal procedure and does not indicate that the employer does not believe OH. On the contrary it is often a first step in trying to work out what adjustments, if any, can be made to the working environment, to help avoid such a high level of absences.

As SarEl says, OH is not going to be dismissed following a first disciplinary interview, this is only the first step in the procedure. He *may* be given a warning, or they may decide not to give a warning on this occasion.

But actually holding the disciplinary hearing isn't in itself a discriminatory act.

I know this is a stressful thing to happen, but try and stay calm and prepare for the hearing. Remember also that OH is entitled to be accompanied by a colleague which is often a good idea as s/he can take notes during the meeting (the chances are the whole thing will go by in a blur and OH may not remember much of the detail afterwards).

scheming_gypsy

Wonder what the outcome with it was, as the thread is over two months old now... so i'm presuming they've had it?