Unfair sickness discipline? Advice?

Chaoticpaintbox

I know its cheeky but I was wondering if I could run a problem by you all. I’m having some problems with work and I haven’t been in this situation before. On Monday I was invited to attend a hearing to discuss poor attendance with HR and my line manager and have been told ‘it is likely that you will be issued with a formal warning’. I think this assessment is incorrect and unreasonable and I am just trying to work out if its worth getting in touch with a legal representative to see if I have a case or should I just accept it. If I accept it, it will have serious repercussions on my pay, performance report and prospects within the organisation.I am worried it will really impact on my career.


This is the situation:


I started my employment in March 2010. In October 2010 I had 1 day off due to sickness. In December 2010 I was taken to hospital and had an operation and was signed off for 9 days in total. This took the total number of sick days over the maximum threshold allowed before an employee hits the first trigger (the rule is 9 days max in total in 1 year or more than 3 incidents of sickness in 1 year) and I was subsequently given an 'Informal Warning'. Before going in for the operation I was verbally told by my line managers superior I would not receive a warning however when I returned to work my line manager issued me with an 'Informal Warning'. I raised my concern at the time regarding the conflicting information, but this was just excused as a 'mistake'. The surgery was serious and necessary and an emergency and without it I could have been very seriously ill. I took all the pre-op days and tests at hospital and doctors appointments and follow up appointments as annual leave so I would minimise my time off work.

The organisations policy stated that I could not have any more time off until March 2011. This is called the monitoring period. Once that was completed I could not have any more than one incident of sickness for a further 12 months. Unfortunately I was ill for three days in June 2011 (received no notification or correspondence, which my current manager has now admitted was missed by ‘the system’) and I then had a further two days in November 2011. This has resulted in a hearing at work on Monday where I have been advised to bring 'representation' and the results of this meeting will be reflected in my 'performance related pay'.

If it wasn’t for the time off recovering in hospital after the operation my attendance record would be fine. I was told I could not appeal the informal warning, because the policy does not allow it at that stage of the process. The first opportunity for me to contest the process is after my first hearing (scheduled for Monday). Excluding the operation I have had 6 days off in 20 months. Which is well below the threshold. The organisation allows employees who are pregnant or who are seeking fertility treatment to have as much time off as necessary and it is at the manager’s discretion. I think this is really positive and supportive, but I feel let down after the treatment I received upon my return to work from my operation.

I understand that policy’s are in place to protect the organisation against those wishing to abuse the system. But my performance record is very high, and my evaluations are excellent. I am confused by the organisations actions and would love some advice. This is my first 'proper job' and im not sure how to proceed.



Any advice would be greatly welcomed.

Emmzi

I am confused. YOu have hit the trigger points for the procedure/ warnings, but somehow think this is unfair?

Absence management is not for those who pretend to be ill/ throw sickies. (That would be conduct/ disciplinary code.) It is for those who are genuinely ill, at too high a level for the company's preference.

I cannot see what the company are doing wrong other than managing your attendance in accordance with the stated policy, of which you have been informed.

What am I missing?

McKneff

Emmzi wrote: »

I am confused. YOu have hit the trigger points for the procedure/ warnings, but somehow think this is unfair?

Absence management is not for those who pretend to be ill/ throw sickies. (That would be conduct/ disciplinary code.) It is for those who are genuinely ill, at too high a level for the company's preference.

I cannot see what the company are doing wrong other than managing your attendance in accordance with the stated policy, of which you have been informed.

What am I missing?

Me and you both Emmzi:o

kingfisherblue

Your company has a sickness policy, and although you might not agree with it, the company is correct in following its own procedures when you have had the amount of sickness that you state. Many companies would have triggered this meeting at this stage.

Your performance levels may be high, but only when you are actually in work.

Pregnancy related illness is, I think, covered in law and not subject to the usual rules (I may be wrong about this, and if I am, someone will correct me).

It sounds as thoguh fertility treatment is covered by a separate policy, maybe because it is not necessarily sick leave - it could be to attend appointments, for example.

Apart from your operation, have the other absences been for the same type of sickness? It could be that the company is trying to help you, as well as help themselves.

Although you might not feel that you have had much time off sick in the period that you have been employed, four different absences have been recorded. The company is right to abide by their policy - you would expect them to do this for other employees, so you should expect it for yourself as well.

Sorry if this is not what you want to hear.

Emmzi

kingfisherblue wrote: »

Pregnancy related illness is, I think, covered in law and not subject to the usual rules (I may be wrong about this, and if I am, someone will correct me).

No, you are totally correct.

Chaoticpaintbox

I feel like I have been unfairly treated as my surgery was a medical emergency and therefore unavoidable.

I was told before I went into the surgery by a senior manager that 'the recovery period [that I was signed off by doctors] would not contribute to my sickness record'. However when I returned to work my supervisor issued me with an 'informal warning' (trigger 1). When I said that her line manger had told me that as it was an operation and an emergency I would not hit a trigger, she brushed it off and said he was 'incorrect'. Had I known that, I would have taken my recovery period as annual leave. I tried to contest and asked her if she would have a conversation with her line manager but she says that I couldnt appeal or protest at this stage (she is correct about this, it does state that in the policy).

I feel that if I had been given the proper information at the time I could have managed the situation. I was a new employee, and had not been told about these policies before the event, despite clearly showing that I wasnt sure about the correct protocol.

I feel like I am being punished for needing serious surgical attention.

kingfisherblue

Thanks Emmzi, I thought it was correct, but knew that someone would be able to clarify.

Emmzi

Chaoticpaintbox wrote: »

Had I known that, I would have taken my recovery period as annual leave.

.....

I feel that if I had been given the proper information at the time I could have managed the situation. I was a new employee, and had not been told about these policies before the event, despite clearly showing that I wasnt sure about the correct protocol.

I feel like I am being punished for needing serious surgical attention.

In my organisation even if you wanted to take it as holiday, you would be made to take sick absence as sick absence, end of.

You were told about the policies after the event and still hit trigger points.

Best course of action?

Take the warning, don't have any more time off, volunteer for an occ health review if asked, eat well, live healthy, accept your pay will be affected this year, keep performing well, in a year it'll all be forgotten.

This is not a career breaker, don't be a drama llama, don't waste your money on solcitiors. You have no grounds for appeal at all and will just get a reputation as not only a lead swinger, but an argumentative lead swinger. Play the game.

Do join the union.

WoodyMax

Well I for one think they are being very harsh. I know, I know, that's what their policy stated but it sucks!

nearlyrich

Do companies really give out warnings for sickness involving hospitalisation? That's so very wrong in my opinion, I would not work for a company that had a policy to add to the trauma of illness by making you fear for your job, OP I hope it all goes well for you.

LadyMissA

nearlyrich wrote: »

Do companies really give out warnings for sickness involving hospitalisation? That's so very wrong in my opinion, I would not work for a company that had a policy to add to the trauma of illness by making you fear for your job, OP I hope it all goes well for you.

yes as you are still off sick