Sickness disciplinary advice please

smc4761

My wife works for a large UK supermarket. She was off sick for a day last week, which was the 3rd occasion she has been absent in 9 months.

She received a letter yesterday asking her to attend a "disciplinary meeting", to discuss her attendance.

My understanding is that this meeting should be an informal meeting to discuss her situation, establish the facts, and then if appropriate, they should then arrange a further meeting where some form of disciplinary action may be taken.

Of the 3 occasions she was sick, she was in hospital for 3 days, on one occasion, last week she was sick and I had to take her to out of hours care at local hospital.

Any advice greatly appreciated

Retrogamer

How long has she been working there?

smc4761

She has worked there for 26 years

tomtontom

The investigatory meeting does not have to be separate from the disciplinary. Has she been advised of her right to accompaniment? Is she classed as disabled or has she just had an unfortunate year health wise?

smc4761

She has and will be taking along a colleague. perhaps unfortunate with sickness this year although the hospital admission may have been connected with her bowel cancer, she has been in remission for 6 years with this

tomtontom

As she has previously had cancer she would have some protection under the Equality Act, they may give some leeway in the sickness triggers in this circumstance. They don't have to, especially if the absence is not related, and it's not clear that it is.

Check the sickness absence policy, it will usually suggest an informal warning and/ or improvement plan after the first trigger. This would be proportionate in the circumstances. They may also suggest a referral to occupational health.

jackyann

Definitely make sure she is accompanied - union rep if possible -otherwise someone clear-headed who can write everything down, ask questions, and pick up on what is said (not necessarily nearest & dearest!)
Good luck

sangie595

tomtontom wrote: »

The investigatory meeting does not have to be separate from the disciplinary. Has she been advised of her right to accompaniment? Is she classed as disabled or has she just had an unfortunate year health wise?

This is correct. Regardless of anything else she has hit a trigger point. There doesn't need to be an investigation of facts - she has been off sick that many days and that many times. A fact does not need investigating. So the employer is "right". The question now is whether the sickness is disability related, in which case that does not change the FACTS, but it may change the employers response to the next stage. In other words, right now all they will do is warn her and set a target for sickness absence in the future. They can't safely do more than that and won't do more than that. If sickness is disability related then they MAY allow her more leeway than other employees - but they do not have to. In the end, whether allowing more days is reasonable or not is a decision for a tribunal, and that is a place that you would rather not be.

sangie595

jackyann wrote: »

Definitely make sure she is accompanied - union rep if possible -otherwise someone clear-headed who can write everything down, ask questions, and pick up on what is said (not necessarily nearest & dearest!)
Good luck

A union rep or a work colleague. There is no right to anyone else in law, and that includes the "nearest and dearest" (although I agree with the principle here - don't pick someone who is on your side, pick someone who is actually capable). And actually the right is to be accompanied - not for the rep to ask questions or anything else. An employer may allow this, but that is their choice, and they have the right to refuse to allow the accompanying person the right to ask question or otherwise speak on behalf of the individual.

Undervalued

sangie595 wrote: »

And actually the right is to be accompanied - not for the rep to ask questions or anything else. An employer may allow this, but that is their choice, and they have the right to refuse to allow the accompanying person the right to ask question or otherwise speak on behalf of the individual.

Debatable.....

If the employer does that they are acting contrary to the ACAS guidelines. Whilst they are now only guidelines (statutory procedures having been abolished) it would not help the employer's case if the matter ended up in an employment tribunal.