If a person has been signed off sick for stress, can their employer give them a written warning for attendance.

[mort101]

My friend has been signed off sick for over 3 months. She has work-related stress and this has really badly affected her. Her boss visited her and threatened to give her a written warning if she did not return to work. She has followed through on that threat, by summoning her to a meeting at the workplace and issuing a written warning. She has also demanded that she return to work.

Can the employer actually do this? My friend is a teaching assistant at a local primary school

[squarebear]

It sounds like she is in the wrong job. Yes, it's hardly fair on the other members of staff who have to cover her. I don't know the legalities but would sincerely hope that it was allowed.

[Xylene]

Sounds like her boss is in the wrong job, she's a bully and shouldn't be teaching. Get your friend to contact the NUT for advice.

[murraymints]

Not if she has a medical certificate...an employment tribunal would take a very dim view of this employer !!!

[milly143]

If a person is suffering severe stress directly related to their job, is it not just better that they quit and find another job?

[The-Toff-]

This happens to a lot of people, employers can issue warnings or sack people despite them having a long term sick note, they say that their illness stops them from fulfilling their work contract,

[chelle7272]

Yes they can if the person is not fit to perform their duties.

[tamborine]

Think of the disruption to the kids having a temporary teacher. If she feels she cant work, do the decent thing & resign so the kids can have continuity in their education.

[mike11111]

I suspect that there may be more to this than meets the eye. A teaching assistant (which role did not exist in my days as a teacher) would not, I would have thought, qualified for membership of the NUT or the other teaching professional unions (though I may be wrong as it is some 15 years since I left the job). When you say the boss, do you mean the school headmistress (non-PC term, I know) or some functionary from the council? Whichever, whilst she is on the sick she cannot be dismissed for any reason other than that she is incapable of performing the duties for which she was employed, which in your scenario sounds rather true.

[murraymints]

But...a lenghthier period of time is required for an unfit for job...permanently... to be assessed...usually after 12 months!

[R1Geezer]

This is part of the "manageing out" process, essentially they go through the motions and can then ultimately fire the person for falling short of requirements. It seems harsh when you describe it but from an employers point of view they are having to pay salary but get nothing in return and would probably have to hire a temp to perform the function concerned. Yes this is process is legal.

[buildersmate]

If one continually fails to attend work, the employer may take the view that employee is not capable. Dismissal is such circumstances is possible and is one of the fair reasons for dismissal.

[nicholas4300]

Provided your friend has certificates from her GP for her illness the boss is not acting fairly and reasonable toward her. Visiting her and threatening her is out of order and if I were her I would write and complain in formal terms about the boss's behaviour

[factor-fiction]

Many people misunderstand this issue. The employer can take ction leading potentially to dismissal on the grounds of incapability. it doesn't mean the employer is questioning the validity of the absence. Having a sick note doesn't make the employee immune from incapbility procedures. However the employer should follow a fair process and issuing threats in this way does not seem like a reasonable way to act, although teh mananger may claim he was just setting out what was needed to prevent the proces following its natural to dismissal.
How long has she worked there?- if less than a year the employer can dismiss (with due notice) for almost any reason.

[dotty.]

yes

[Jan1957]

Yes they can. I was sacked from my job 2 years ago because they gave me a date they needed me back at work and I could not do it (I was awaiting another operation at the time). They need the work done and therefore had to employ someone else. It does seem harsh from the employee's side but I did understand why they had to. I hated the job anyway.

[flip_flop]

Work related stress as a teaching assisstant???

[joko]

i know someone who was off for many months with stress...and whilst tcould have she treatment that had vaused her stress was genuine and for a couple of weeks she was upset...but she was fine really...not physical effects etc ...she could have gone back to work but was 'allowed' not to...she took the pish...

i undertsand stress can be serious and a break is needed...esepcially if some incident is the cause - but if its general stress and takes months and months to get over it then they are in the wrong job as the stres will likely recurr often...

[mort101]

Thanks to those who actually gave advice. And to those passing judgment without actually knowing the circumstances.... shame on you!