Help re disciplinary on sickness absence

flis21

Hi Guys,

I am hoping that someone knows a bit more about employment law than I do!

I have had a lot of time off work this year, firstly due to breaking my ankle (was off for 3.5 months), then I got an abdominal infection that caused me to have 3 weeks off (1.5 weeks in hospital). I am currently pregnant as well. (Got pregnant after the ankle accident, but before the abdonimal infection).

I found a report yesterday written by my manager regarding my sickness absence and my 'general conduct'. (Half of which is untrue and I am writing my defence, which includes getting copies of my phone records to prove when I phoned in and my medical records to prove that my absences were genuine).

My question is if my absences were genuine and there is no ongoing disability that means I cannot do my work, can they sack me anyway? Am getting really worried about this now.

Flis

Sharifa_2

I'm no expert but I would've thought that the medical certificates of genuine sickness are something they can't argue with. Wishing you all the best. Have they actually told you you have to attend a disciplinary, or did you come across your manager's report by accident?

flis21

Came across the report by accident, have had a look at our disciplinary policy and it says that HR have to investigate and get reports off the manager and witness statements from colleagues before they begin the official disciplinary process, so that is what I think they are doing at the moment.

Sagaris

Have you got a union where you work, and if so are you a member? If you can join one I would asap, I had the same thing happen to me at work, 3 instances of sickness in a year at our place and you get called in for a disciplinary. I argued my case as for one of my absences Occupational Health wouldn't let me return to work, and another was caused by my working conditions! I was told it didn't matter what the 'excuses' were for my absences (by a senior manager!) that I would be forced to attend the hearing come hell or high water.
I contacted my union rep (I've been a member for ages) and he went mad and said there was no case to answer. Next thing - a phone call from HR to say it wasn't necessary after all.
Seems to be the way companies are doing things now, but at our place there are still 'serial offenders' who don't seem to be contacted about their numerous days off.
Good luck with it, it's not a nice thing to have to go through.

momisa

My work tried doing what I considered underhand in that they were reluctant to follow procedures. However, I stood firm and made it clear that I would be happy to attend doc review etc but they were still very pushy and completely ignorant of migraine symptons even after I'd told them, unfortunately I had other things going on at the time too which didn't help my sickness record but they've back off now.

Your situation is different though, simply because if you hadn't found the document you wouldn't know what was going on behind your back which is wrong. Something like this should have been communicated to you.

Genuine health issues - as in your case - mean they cannot just sack you. I suggest you get all your paper work together and make a diary of any discussions you have with your boss/team leader etc so that you have something on record if he/she starts grilling you.

As soon as my doc completed his report (which I made sure I read before he sent it) my work backed off - hopefully yours will too.

Just thought though, any information that they gather about you is going to determine what HR do - correct? I suspect that HR will back off as soon as they see the sick notes, however, I would have thought that you should be allowed to see all documentation they produce under the Data Protection Act. I'd be tempoted to have a meeting with your boss, take in the file you've found and ask him directly what's going on.

Whatever happens you have the law on your side.

All the best, I know it's tough but try not to stress

ckerrd

As momisa says you cannot be sacked for being ill.

Do not over react to anything you are sent. Take each stage as it comes.

Have you been asked to attend a disciplinary hearing or have you just stumbled across something your boss has written?
Bosses write lots of things about staff all the time, you might be surprised to hear.

flis21

No I haven't been asked to attend anything yet, the disciplinary procedure says that they have to 'investigate' before doing anything like that.

I have written a detailed response and have compiled my phone records as evidence of when I phoned in. Not sure whether to bring this up with my boss or just to wait and see what happens.

The thing is if she has sent that report to HR and they are basing their decision on it, most of it is inaccurate and I have evidence to prove such.

I have written a letter to my doctor advising of the situation and asking him how I go about getting copies of my medical records. This will also help to prove the absences are genuine. I just can't believe all this is happening. I was so happy on Monday that things were finally getting back to normal and I thought I could have a quite life for 5 minutes before the baby comes!!

A cynical part of me is thinking they are trying to find a way of getting rid of me as I am pregnant, but I can't prove that so will keep it to myself!

cazziebo

ckerrd wrote: »

As momisa says you cannot be sacked for being ill.

Do not over react to anything you are sent. Take each stage as it comes.

Have you been asked to attend a disciplinary hearing or have you just stumbled across something your boss has written?
Bosses write lots of things about staff all the time, you might be surprised to hear.

Might be true to say that you can't be sacked for being ill, but you can certainly be dismissed for excessive absence. There's a bit of a myth about this - ie doctor's note will clear you from any disciplinary. Unless the DDA applies, if someone's absence breaches the company's policy, then the employee can be disciplined. therefore what is at stake here is not whether absence is genuine, but whether it's excessive. It's a difficult area. A good worker will not usually be dismissed for a period of bad luck. If there are only two absences in a year then it would be a bit severe if that was viewed so seriously.

having said that, you can't be disciplined (AFAIK) for pregnancy related absence as that would amount to sex discrimination.

First thing is to check your company's policy. Second is to gather all positive feedback you've had - and if it's informal, do your best to write it down, detailing the circumstances, dates and where it came from. If indeed they are trying to let you go because of pregancy, unless they are completely daft, they will have to be sure they have a rock solid case for dismissal for other reasons. So you should be gathering as much info as you can to support your case.

With any luck it might not come to anything.

ckerrd

If you have "excessive" time off through ill health then you may be retired on health grounds but I do not believe you can be sacked.

cazziebo

ckerrd wrote: »

If you have "excessive" time off through ill health then you may be retired on health grounds but I do not believe you can be sacked.

I'm afraid you can - I've unfortunately had to do it several times in a few companies.

ckerrd

cazziebo wrote: »

I'm afraid you can - I've unfortunately had to do it several times in a few companies.

Interesting.

I have had to retire some people on health grounds and I have also had people off sick for long periods, in excess of 9 months, but there was never a question of sacking them.

Out of curiosity on what grounds were they sacked?