Law regarding work Sickness?

EnPointe

penners324 said:

I suspect the employer has got fed up with employees using their sick day 'allowance" like extra holiday.

there is no such thing asa sick day 'allowance' ...

going to stage 1 of attendance  process after 1 episode of sickness inunusally strict but legal

EnPointe

MattMattMattUK said:

Whitebeast said:
I work for 1 of the biggest retail stores in the UK, Yesterday I came in to work and there's a note to all employees regarding new sickness rules, We now only allowed to be off 1 day a year sick any more and we going to get a verbal warning than written and final and then sack. Is this even legal for the company?

Is that what they actually said, or is that a somewhat hyperbolic paraphrasing? If it was the former then I would expect it to be national news.

It it actually bases around ability to self-certify sicknesses vs needing a doctor's note?

almost certainly  hyperbolic paraphrasing or deliberate  misreading , the IOP may even be   assuming that introduction or enforcement of 'return to work' meetings with  Supervision / management  following  any  sickness absence is  the first stage of the Capability process 

people often talk of ' being put on a disciplinary ' for being sick when in fact the  capability and attendance process has started and a 'Stage 1'  attendance warning  has been given meaning enhanced monitoring , consideration of OH referral and  the like, plus the actual warning that  continuned  absences  can lead to capability  actions.

if someone  has a  disability or  chronic health condition which could be determined to be a disability under EA 2010, it;s rare  that  it goes all the way to dismissal  unless  there genuinely isn't  a reasonable adapatation or the individual is putting themselves or others at risk... compare that to the  person who calls out  sick on multiple sundays or mondays  becasue they  have  been on a  bender   over  the weekend - but  isn't  someone who you  need to go down the health  side of  Substance dependency with   

EnPointe

Chrysalis said:

Most places I have worked for have/had similar policies.

I remember being surprised its legal in my first job, but then I later realised it seems widespread practice across the country.
Having a sick note made no difference either, although typically exceptions would be given for major issues like surgery.
So to summarise if you wasnt hospitalised expect to get disciplined.
The one exception was for one employer who by coincidence was heavily unionised.

" disciplined  "   or   have a return to work  and then a Stage 1  Sickness/ attendance / capability   meeting ? 

the number of people who talk about being 'disciplined' for sickness absence   is  none trival, the number of peopel actually disciplined for sickness absence is tiny , however  there are plenty of people who  get Stage 1  sickness  warnings 

EnPointe

itsthelittlethings said:

One day of sickness is not necessary or reasonable. You could have flu and be off for a week easily. It also encourages people to come in and spread their germs around, if it’s a retailer customers may include vulnerable members of the public. By all means have a robust sickness management policy but no more than one day a year is absolutely taking the mickey.

OP  fails to provide the  text of the notice  or  indeed the text of the plicy / statement in the employee handbook 

 given the  propensity of  less than truthful statements to be made aobut sickenss / attendance policies , i'm writing the OP  off as  hyperbolic misrepresentation unless, and until, evidence presented of this 'policy' 

sheramber

OLD THREAD

Another old thread resurected by a new poster.

The OP posted in April and hasn't logged on since July.

TELLIT01

Yes an old thread, but the content is still potentially relevant to other people.

I don't know if it still happens, I suspect not, but it wasn't uncommon for unions to tell people 'not to forget your entitlement to sick days', i.e. use them as additional holiday.  The introduction of absence/sickness monitoring has probably put and end to that.

EnPointe

TELLIT01 said:

Yes an old thread, but the content is still potentially relevant to other people.

I don't know if it still happens, I suspect not, but it wasn't uncommon for unions to tell people 'not to forget your entitlement to sick days', i.e. use them as additional holiday.  The introduction of absence/sickness monitoring has probably put and end to that.

 this  has never  been the case in the UK , as   occupational sick pay is not a use it or lose it allowance 

TELLIT01

EnPointe said:

TELLIT01 said:

Yes an old thread, but the content is still potentially relevant to other people.

I don't know if it still happens, I suspect not, but it wasn't uncommon for unions to tell people 'not to forget your entitlement to sick days', i.e. use them as additional holiday.  The introduction of absence/sickness monitoring has probably put and end to that.

 this  has never  been the case in the UK , as   occupational sick pay is not a use it or lose it allowance 

I can assure you it very much was the case in the UK.  When the unions powers were at their worst I know for a fact that it happened.

monkey-fingers

TELLIT01 said:

EnPointe said:

TELLIT01 said:

Yes an old thread, but the content is still potentially relevant to other people.

I don't know if it still happens, I suspect not, but it wasn't uncommon for unions to tell people 'not to forget your entitlement to sick days', i.e. use them as additional holiday.  The introduction of absence/sickness monitoring has probably put and end to that.

 this  has never  been the case in the UK , as   occupational sick pay is not a use it or lose it allowance 

I can assure you it very much was the case in the UK.  When the unions powers were at their worst I know for a fact that it happened.

Yup. I'm with you. This is how "Duvet Days" came about around 2010.

I notice that policy has now disappeared from most people's contracts.

Ella_fella

I fondly recall as a manager having a chat with one of my team and them enquiring as to how many more sick days they had to use until the end of the year as though it was a contractual entitlement.

I also recall in the same company if team members were not eligible for the personal performance element of the annual bonus then they would subsequently take off roughly the same amount of paid sick days that year as some form of compensation for the shortfall. It's a problem. 

A few businesses I'm aware of are now have zero company paid sick days during the first year for new starters, for specific reasons.