Help re disciplinary on sickness absence

Emmzi

Regarding sick absence, if the absences are genuine, the question the comany has to ask is, 'are you fit to fulfil the terms of your contract.' If they consider the answer to be no, they can begin proceedings against you, usually starting with something like a warning and a plan you need to stick to (basically improving your attendance.)

If they think you are swinging the lead and have reasonable grounds for suspicion that would tend to go under conduct procedure rather than attendnace procedure.

From the business' perspective, they are not there to replace state benefits if you are repeatedly ill, and they still have to get the work done. Therefore most organisations will take action for repeated absences, including genuine ones.

I would get yourself a copy of the company's attendnace and conduct procedures so you know what steps, if any, they are likely to take.

sandy2_2

See your union rep or CAB asap. I think you would be entitled to have a ´friend´ come in with you either as a representative or for moral support, at any discussion with HR. Make lots of notes at any of the meetings and after the meetings ask management for a written summary of the discussion and proposed action.

It might be worth ringing or visiting your local jobcentre to see if they have any leaflets they can give you re unfair dismissal etc just so your´re prepared

Good luck

ben500

I would echo other posters, JOIN A UNION NOW often there can be probationary periods to be fulfilled before full membership is attained and you need to get that time out of the way prior to any action by your employer, if you do and your worst fears come to reality they will be in a position to act for you, if you wait until it kicks off and then join they will not be able to as the instance is prior to inception of affiliation.

As for the document and it's contents do you have a copy? If you have it would be best to keep quiet about it, you can then make a subject data access request under dpa and see what comes back, if the documents are altered in any way before being released to you it would demonstrate skullduggery is going on. I think it would be a big mistake to let on you have any inkling of what your employers are up to and that you would be giving away quite an advantage if you do so.
You do not have to have a union in your workplace for you to join one of the Trades union, you also are not obligated to join a specific union although it is usually prudent to join one that performs within your type of working environment, remember no matter how good you may be at your job, discipline is the speciality of the HR dept and they will be far more prepared than you could hope to be standing alone.

flis21

Can they sack me if there are no ongoing health issues? Obviously my broken ankle is now healed and there is no suggestion that my ankle will cause any further time off in the future. The same thing with my abdominal infection, that is now cured and should not cause any further time off in the future.

Unfortunately I have only worked there since the beginning of October last year, so I only had 4 months of work before I broke my ankle.

It just seems so unfair really. I love my job and don't want to leave.

ben500

flis21 wrote: »

Can they sack me if there are no ongoing health issues? Obviously my broken ankle is now healed and there is no suggestion that my ankle will cause any further time off in the future. The same thing with my abdominal infection, that is now cured and should not cause any further time off in the future.

Unfortunately I have only worked there since the beginning of October last year, so I only had 4 months of work before I broke my ankle.

It just seems so unfair really. I love my job and don't want to leave.

If their intention is to retire you as being unfit to carry out expected duties they would have to demonstrate that there would be an on-going issue, however it does not appear from your posts that this is the avenue they are travelling down, it would appear that the intention is for disciplinary measures for which they would need to be able to present a case that you have abused their sickness policy in some way, that's assuming they intend to use these absences as the tool to dismiss, it may well be that a dirt digging program is in place after which they will review the evidence and present it to you, this is why the document you have seen could be so important.

candygirl

Definitely join a union, and your rep will be able to advise you of all the ins and outs.Mine was invaluable to me when i had been off work last year with stress.It also usually makes the company take you more seriously if you are in a union:p

ceridwen

definitely echo Candygirl - one is taken a lot more seriously if in a Union.

Why oh why everyone doesnt join one in the first place is beyond me. You don't leave your house uninsured - so don't leave your job uninsured either. You never know when you might be glad of that Union membership.

cazziebo

ckerrd wrote: »

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?

Most of my HR experience is private sector and absence management is very stringent. Might sound harsh, but most private businesses couldn't cope with long periods of absence like the 20% experienced in some parts of the public sector. Dismissal is usually a last resort but reason given would be excessive absences. I've not worked directly in HR since the DDA came in although it is one of my responsibilities and I know that this protects people who suffer from certain conditions.

Have to say, absence policy is there to protect the company and its employees, and would never be used against good employees. In my experience, most people who fall foul of it really don't want to be there,and this certainly doesn't sound like the OP.

Hopefully, you are worrying over nothing Flis. You wouldn't be dismissed without a warning, and with only two episodes of absence I wouldn't even think that should be a possibility.

flis21

I don't think we have a union at work. None of my colleagues are in one to my knowledge. Wish I did have one, as could definitely use the support.

candygirl

There are unions for every type of work.Just because your colleagues aren't in one it doesn't mean there isn't one for you.what line of work is it?google trade unions for that type and you should find one:p