Any advice please - stage 1 sickness after op

Mrsnorthy

I've worked for my employers for 5 years and have just returned to work after 8 weeks following a full abdominal hysterectomy
Had my back to work interview where I was offered shorter hours and then told I would be interviewed by HR for a stage 1 sickness disaplinery
Apart from losing 10% of the yearly bonus this will go on my record and of course if I fall Ill in the next 6 months I will be on a stage 2 . I had 2 days off in Jan due to being unwell which lead to the surgery

You would normally receive a stage 1 if you have been of for 2 separate occasions in a 6 month period but I think this is totally unfair following major surgery,
Is there anything I can do to fight this or is it just one of those things you have to swallow

Many thanks

WestonDave

One problem is that 8 weeks off would take you back into June when you started sick leave which would be within 6 months of the days off in January. On that basis they are just following normal policy. Harsh as it may seem, rules have to be applied without exceptions otherwise you get accusations of favoritism or victimisation. If the bonus has an attendance element then again its clearly reasonable that someone who had such a long period of non contribution shouldn't get a full share even though its not your fault.

I'm not sure how you can fight it - if the policy is fair and fairly applied overturning it is unlikely, and you risk being seen as disruptive if you push it too far. The chances are that with such a stringent policy pretty much everyone will be on a stage one at some point in their employment so it shouldn't reflect too badly - in terms of moving on disciplinary for sickness won't be that relevant to a new employer - they are more likely to ask for days etc at which point you'll be able to explain the operation as the reason. Again most employers wouldn't be too bothered about one significant absence - its the "monday morning" merchants that ring alarm bells.

Mrsnorthy

Thankyou for your reply the op wasn't until the 12 th June which was actually after the 6 months . I've had a very good sickness record and the procedure was put in place due to lots of people taking the mick so I completely understand it . This is purely on length of time off ie because I was off for over 7 days .. I wasn't too bothered this morning as I'm obviously still recovering from surgery but it has Been on my mind this eve,
I will just let it go
I appreciate your comments

JournalGirl

If you were off in January then 12th June, it's under 6 months between occasions.

BUT a disciplinary invite doesn't automatically mean a disciplinary outcome.

Ask them to consider whether they would link the two occasions as the second was treatment for the first. (Probably won't because of the time between, but worth an ask). This would mean treating thema s one instance for disciplinary purposes.

Also in our company we disregard hospital admittances from the disciplinary process.

If your attendance has been good up until now, there is a good chance you can convince those holding a disciplinary meeting to not produce a disciplinary outcome.

Keep calm, good luck, and hope it goes OK

pimento

It's a sad state of affairs if you can be disciplined for being off sick.

scooby088

pimento wrote: »

It's a sad state of affairs if you can be disciplined for being off sick.

There is a case of genuine sick like the OP who shouldn't be disciplined, or some who is hangover sick who should be disciplined.

Southend1

Are you a union member? Take your rep to the hearing. He may be aware of or able to find out about previous cases similar to yours and if the employee was let off you could argue that there is a precedent.

Rottensocks

pimento wrote: »

It's a sad state of affairs if you can be disciplined for being off sick.

Common policy these days.

So, the 'trigger' for this meeting was one long period of absence, right? Is there a trigger for annual absence as well as 6 month (often there's something like a 3 month trigger, 6 month and 1 year trigger in these absence policies)

They will need to ask you if there is any help that can be given to you while you recover: i.e. avoiding lifting or tasks that might strain the wound.

I would fully expect that you are being invited to the disciplinary in order that the HR policy is fairly applied to everyone. I would be quite stunned if you come out of this hearing with an actual sanction against you.