Is this legal?

Jellicat

My new employer have told me that the sickness absence policy is basically as follows:

If you're ill, we'll ask you to come in anyway. We'll then send you home if we feel you're to unwell to work. If you don't comply we may discipline you.

What's more, toilet breaks are very restricted in this position so if someone had a stomach bug and had to come to work...well it wouldn't be nice!

I understand absence causes a lot of problems, but if I worked there a year and then took a day off because I was genuinely too ill to get out of bed, can an employer really discipline you for a single day off?

tomtontom

An employer cannot make you come into work if you are sick. They can discipline you for being off sick, however this is normally triggered after a number of absences, and/ or a certain number of days.

BillJones

Jellicat wrote: »

My new employer have told me that the sickness absence policy is basically as follows:

If you're ill, we'll ask you to come in anyway. We'll then send you home if we feel you're to unwell to work. If you don't comply we may discipline you.

Not illegal, but maube a bit strange.

We've an informal rule at work here. If you are "sick" from a night out, you still must be sitting at your desk at 07:00, showered, dressed, and available for work. If it turns out that you've miscalculated just how much you could drink, or how little sleep you can get away with, then you may be sent home to recover, buut you don't have the option of just not turning up.

It turns out that virtually no-one ever is ill enough to go home.

Jellicat

It just seems so weird and mistrustful to me...we're talking about all absences not just Sunday-morning-it's-probably-a-hangover-one.

We also have to use a lot of mechanical equipment...operating it while feeling dizzy or tired doesn't seem like a massively wise option.

I tend to brave it out if I'm sick, so if I was genuinely too ill to come to work, I just can't see myself driving to work and then actually working while management decided if I was being honest enough to go home, especially not using heavy duty and potentially dangerous equipment and in a highly physical role.

Hence I'm worried about what might happen to the job if I do fall ill.

cherryblossomzel

No idea about legality, but it seems needlessly harsh. Besides, what if it's some horribly contagious disease?

I guess the policy does say that they "may" discipline you. So maybe this is just a way for them to deal with people they suspect of taking the p***?

aileth

Seems very harsh.

So if you were forced to come into work with, say, chickenpox, other members of staff have never had it before and you end up infecting the whole floor, then what? Do you get disciplined for that? Yikes.

timbo58

They can't force you to come in if you are off sick.
AFAIK they can refuse to pay you anything other than SSP however & also threaten to sack/discipline you.

I would look for another job frankly, that is the worst sick policy I've ever heard of.

Gingernutty

At a number of employers, one was expected to show up for work sick so that one could be sent home - this was considered a bonus by the staff.

As one had shown up for work, the first day didn't count as sick - Bradford Scoring for example, is especially harsh.

ERICS_MUM

Are your managers medically trained and competent to decide who is ill enough to be sent home ?

TrickyWicky

ERICS_MUM wrote: »

Are your managers medically trained and competent to decide who is ill enough to be sent home ?

Gotta say I'm with this.

Unless your managers are qualified doctors or nurses then they cannot legally state if you are ill or not.

It also puts them in the **** if they decide you are well and subsequently end up injured at work.

Jellicat

Thanks for the advice all. They pay far better than all the competition for this job, and a lot of the other perks are worth it for me, the hours suit me perfectly and the wages are a lot better than what I'm used to...quitting isn't an option unless I find something equally well paid.

They do take on a lot of agency staff so I'm hoping this is just something they say to discourage new people from taking the P (big workplace, lots of young people who probably still party a lot), and if I prove that I'm trustworthy enough it won't be an issue. I am young and healthy and very seldom get anything that would require me to be off, the only thing I've had in the last three years is a couple of colds (touch wood).

One thing is for sure though, I won't be going in if I'm too ill.