Disciplinary for being genuinely sick

[Henry Morse]

Since January, I have had a total of 15 days of absence through sickness. My employer operates a policy whereby 10 days triggers a disciplinary procedure. Despite this, my employer only implemented this procedure after a total of 15 days had been reached. Furthermore, my employer has made it absolutely clear that they accept that all of my absences were totally genuine. In January I suffered a throat infection. In March, I developed a Kidney infection for which I was given antibiotics and signed off work by my doctor. I returned to work whilst still signed off and was sent home by my employer. As I was feeling better I went straight back to my doctor and obtained a second note to say I was fit to return. In July, I sustained an insect bite which unfortunately became infected. The infection passed through my blood and caused fever, nausea and headache etc for which I was given antibiotics. My manager had advised me to seek medical advice. Earlier this month, I had a heavy cold accompanied by a fever. I tried to return to work but the fever became more pronounced and I was advised to go home and rest. Despite my employer recognising that each of these episodes was perfectly genuine, they maintain that the overall frequency of illness has been unacceptable and have therefore placed me on disciplinary with a verbal warning. How can they say my level of absence is unacceptable if they also say that they fully accept and recognize that each individual instance was genuine? I put it to them that this implies I should come in to work when ill no matter how severe or contagious that illness may be. They replied that they do not expect people to come in to work if they are ill. So, they recognised that I was genuinely ill on all occasions, they don't expect people to come in to work if genuinely ill, yet they also regard my level of absence as unacceptable and worthy of a disciplinary! Surely this is completely illogical and nonsensical? Where do I stand in this matter?

[tiggerblue10]

Unfortunately Henry this is normal procedure. We have a 3 stage trigger point system where I work (Home Office) and you will receive a verbal warning when you go over 12 days in a rolling year. It is also down to you line mananger what disciplinary measures are carried out. You could try appealing agaisnt it if you can.

[buildersmate]

The genuineness (or otherwise) of the sickness doesn't come into it. It's the number of absence events and their individual lengths that drives this. Under your employment contract, you are offering to work for your employer and you get something in exchange (a salary package). If an individual keeps being unavailable for work - for whatever reason - the employer may use the disciplinary process to investigate your absence and set a plan with you to improve it. A period of monitoring then occurs. if the individual fails to hit the plan, the disciplinery process then may be escalated. Eventually the individual can be (fairly) dismissed on the grounds of capability. In other words the individual is not capable of delivering to the employment contract.
Individual circumstances mean that each case must be taken on its own merits - but an employer must unsure a fair process, and set a reasonable plan.
If you are genuinely ill, then you cannot work. But that doesn't change the fact that it is impacting your capability to do your work.

[Twenty20]

buildersmate is right, just because you've been genuinely ill doesn't matter. You have, in their opinion, a poor attendance record.

[magnanimous]

Henry, I have to agree with the replies above. The fact that your illnesses were recognized as genuine by your employers is entirely irrelevant. Your employers are within their rights to regard your absences as unacceptable. Even if an employee is suffering from a serious illlness, if this causes them to take a lot of time off, they are liable for a disciplinary. One of my former coworkers developed cancer and ended up taking a great many days off, triggering the disciplinary procedure which ended in their eventual dismissal as they were unfit to do the job they were been paid for.

[wiggal]

We have the same thing at my work, only its more then 3 lots of sickness, not days.
If you have an ongoing condition and are off because of that, it doesnt count.

Im at home today sick, had felt like i was coming down with something all week so had to book today as holiday which is rather annoying!

[sukkie]

our employers procedures kick in after 10 days but I was of for 7 days and they hauled me up for a first meeting, I am now being monitored so if sick I go in to work, if I collapse at work my husband will probably sue them for making me worse!