Written warning for sickness

fashionlover10

OH has just informed me he's been given a written warning at work for time of due to sickness related to his Type 1 Diabetes. This is his first warning of any kind and from what I gather the warning was just handed to him during his shift.

Neither of us are very sure on workplace procedures but it seems odd to me that there has been no verbal prior to this warning and OH wasn't invited by letter to attend a meeting with HR to discuss his absence.

Is there anything OH can do to get this written warning removed from his file? Is he able to have it changed to a verbal?

He's going to look at his contract when he gets home to see what is stated about disciplinary procedures.

The company he works for is an independent garage if that helps.

ETA: Work do also know he has Type 1 Diabetes and I'm pretty sure it's on his file.

Southend1

Is he a union member?

I'm wondering if diabetes counts as a disability under the equality act? If so he definitely shouldn't have been disciplined for this.

Either way it's bad practice to go straight for a warning. What do you think the employer is trying to achieve?

AP007

The warning should state how long it will stay on his 'file'

Possibly 6 months?

welshjayne

Hi there

First of all it is good practice to have a back to work interview to discuss the sickness. Also you need to look at company policies regarding sickness. Before warnings are given there needs to be a discussion with the employee. You don't mention how much sickness has been taken. Usually it is good practice after the above has been followed to start of with a letter of concern pointing out that the levels of sickness are not sustainable. If an employee comes under the Equality Act it doesn't mean that they are untouchable unfortunately but correct processes must be followed. He should also have been given the right to appeal against the warning he has received. Appeals procedure should also be in a staff handbook and given a the time the letter was issued.
Hope this help

hoo

fashionlover10 wrote: »

OH has just informed me he's been given a written warning at work for time of due to sickness related to his Type 1 Diabetes. This is his first warning of any kind and from what I gather the warning was just handed to him during his shift.

Neither of us are very sure on workplace procedures but it seems odd to me that there has been no verbal prior to this warning and OH wasn't invited by letter to attend a meeting with HR to discuss his absence.

Is there anything OH can do to get this written warning removed from his file? Is he able to have it changed to a verbal?

He's going to look at his contract when he gets home to see what is stated about disciplinary procedures.

The company he works for is an independent garage if that helps.

ETA: Work do also know he has Type 1 Diabetes and I'm pretty sure it's on his file.

Hi
Someone much more knowledgeable will be along later I'm sure.
I know from experience that where I work Type 1 is covered by the DDA (disability discrimination act).
Although days off for sickness related to a condition covered by this aren't written off and they are still recorded; when it comes to back to work meetings, stage 2 and stage 3 meetings you still go through the motions but they are regarded as a separate matter from regular sickness such as flu or D & V.
Does his company have a sickness policy? If so what does it say they consider as reasonable over what period of time?

ohreally

Southend1 wrote: »

I'm wondering if diabetes counts as a disability under the equality act?

It would be covered under this legislation.

http://www.diabetes.org.uk/Guide-to-diabetes/Living_with_diabetes/Discrimination/#Howcount

Op, your oh should be considering going further than challenging this decision. This is what happens when hapless retards are let loose as managers. The employer may be in the firing line, big time here.

AP007 wrote: »

The warning should state how long it will stay on his 'file'

Possibly 6 months?

6 minutes is more likely to be the case here.

fashionlover10

Thanks for all the replies.

To answer a few questions:

No OH isn't a Union Member.
There has been some rumours about boss replacing OH and his boss knows OH is trying to start his own business.
I don't know exactly what the warning says yet as OH hasn't got home to show me it yet. I'll post it up once I've seen it.
He hasn't had a back to work interview as far as I'm aware and he would discuss something like that with me.
I'm not sure exactly how many days he's had off but he's had a few days here and there from diabetes related illness as well as booked time off unpaid for hospital, doctors and DAFNE appointments.
I'm not sure if his company has a sickness policy, will get OH to dig out all paperwork.

elsien

If they're giving him the written warning for sickness, then surely they must have a policy somewhere, otherwise how else do they decide how much sickness triggers the warning?

fashionlover10

elsien wrote: »

If they're giving him the written warning for sickness, then surely they must have a policy somewhere, otherwise how else do they decide how much sickness triggers the warning?

His work probably does have one I've just never seen it so will have to speak to OH about it.

fashionlover10

Just found his contract.

Under Sickness Absence it only states that he is not entitled to sick pay but there is no mention of the number of absences which trigger a warning.

Under Disciplinary Procedure it says:

Minor cases of misconduct and most cases of poor performance may be dealt with by informal advice, coaching and counselling. An informal oral warning may be given, which does not count as part of the formal (and statutory) disciplinary procedure. No record of an informal warning will be kept on your file.
If there is no improvement or the matter is serious enough, you will be invited to a disciplinary meeting at which the matter can be properly discussed. You will be allowed to bring a colleague or a Trade Union rep to the meeting. The outcome of the meeting will be communicated to you.

It then goes on to state the outcomes of a disciplinary meeting are an oral, written or final warning. Under Written Warning it states:
If the infringement is more serious or there is no improvement in conduct AFTER a formal oral warning you will be given a formal written warning.

So I guess his employer has no leg to stand on with this warning if he hasn't followed the processes detailed in his own companies contract?

CFC

fashionlover10 wrote: »

Just found his contract.

Under Sickness Absence it only states that he is not entitled to sick pay but there is no mention of the number of absences which trigger a warning.

Under Disciplinary Procedure it says:

Minor cases of misconduct and most cases of poor performance may be dealt with by informal advice, coaching and counselling. An informal oral warning may be given, which does not count as part of the formal (and statutory) disciplinary procedure. No record of an informal warning will be kept on your file.
If there is no improvement or the matter is serious enough, you will be invited to a disciplinary meeting at which the matter can be properly discussed. You will be allowed to bring a colleague or a Trade Union rep to the meeting. The outcome of the meeting will be communicated to you.

It then goes on to state the outcomes of a disciplinary meeting are an oral, written or final warning. Under Written Warning it states:
If the infringement is more serious or there is no improvement in conduct AFTER a formal oral warning you will be given a formal written warning.

So I guess his employer has no leg to stand on with this warning if he hasn't followed the processes detailed in his own companies contract?

Couple of points, I'm not going into depth because I'm rather tired:

Company should have followed its policy re an invite to a meeting and an opportunity to appeal.

Being covered under legislation does not mean that he cannot be disciplined or sacked for absence, it just means there may be an extra hoop for the employer to go through. For example, if none of the absences had been related to his diabetes, the absence will be processed in the same way in disciplinary terms as for someone without diabetes.

Employer does not necessarily have to issue a verbal warning before escalating to a written warning

And finally - how long has your other half worked there, because unless the reason for dismissal is related to his diabetes (for example, he has been off for cold or flu or stomach upsets, and it is this time he is being disciplined for, not the time off due to his being unwell as a result of his diabetes) the employer can sack him for pretty much anything if he has short enough length of service.

I suggest his first step is to put in a grievance about the fact that he has been handed a written warning without attending a meeting and having an opportunity to put his side of the matter, and without being informed of his right to appeal, ie company have not followed their own process.