Disciplinary whilst on sick?

Katrina1981_2

Hello, I would like some advice please regarding my partners situation.

He was on the sick last week due to food poisoning. His manager phoned everyday sometimes 4 times a day. He did inform them he would not be in for a few days and would let them know how he was then. But they still phoned every day.

Anyway he received a letter saying he has to go to a investigation 2 days after the letter arrived. He couldn't even walk to the end of the street! He phoned work and explained why he wouldnt be there.

Today he has a letter saying it has now gone to disciplinary because he didnt attend or get in touch! He has to attend on Monday. I think they are going to sack him because it did state it was a possibilty.

Can they do this? I thought they could have at least waited until he went back to work! He now doesn't want to return there due to how they have treated him.

Advice please

Fat_Boy

Did he get a note/letter from his Doctor? Is he still ill? If so I would get to the Dr's.

Katrina1981_2

He was covered by a self cert.

dmg24

So is he back at work now? x

Katrina1981_2

He isn't no, he was going to go to the doctors to cover himself for this last few days but he is now thinking of resigning.

Can they put him through disciplinary and harrass him so much at home?

dmg24

He definitely needs to visit the doctor before the disciplinary.

Why were they ringing him so much when he was off?

They can instigate the disciplinary procedure while he is off sick. However, they need to have solid grounds to actually take action (ie give a warning, dismiss the employee etc).

What was the initial investigation regarding?

Has he had periods of absence before?

Sorry for all the questions, just trying to get a fuller picture of the situation! x

Lorian

Katrina1981 wrote: »

He isn't no, he was going to go to the doctors to cover himself for this last few days but he is now thinking of resigning.

Can they put him through disciplinary and harrass him so much at home?

So he is expecting the doctor to write a retrospective sick note?

Katrina1981_2

The investigation was for absence. The only absence he has had was last month he broke his hand. He got a doctors note for 2 weeks and his work told him he either comes in on light duties or he won't get paid. So he had 2 days off and had to go back in.

The other time was when his dad had a stroke at the beginning of the year. He took a few days off over a 4 week period.

As for them ringing him so much I have no idea, apparantly they say it was to see how he was. He has a letter which includes when they phoned etc. It clearly states he rang them and said he would not be in work for a few days....then the next day it states they rang 3 times in the morning for an update.

Lorian

Katrina1981 wrote: »

then the next day it states they rang 3 times in the morning for an update.

The same person each time? They asked the same things? Did he actually talk to them?

dmg24

He took a few days off over a 4 week period.

Were these in individual days, as opposed to a single period of time? If so, they would be treated as separate absences.

Some employers have a policy of instigating the disciplinary procedure after so many periods of absence, irrespective of the length of each absence.

Do you have a copy of the absence through sickness procedure? If not, get a copy now!

Lorian also raises an excellent point, did your partner actually speak to the employer when they rang?

johnmc

1 Is he in a union?
2 How long has he worked there?
3 Is it a "local" or National" company? Either way they should have written rules for notifying absence and the consequences for failing to do so.

Although he can self cert for the first week the company don't have to accept it.

Ask the Doctor to back date the sicknote, some will, some won't.

In his contract there will be a reference to the company's grievance procedure. Follow it.

If "them upstairs" don't know that staff are being abused like this then they can't do anything about it.