Employment Sickness Policy

[phleb]

So today I got a final warning for being off sick. I took 56 days in a 12 month period. These were split over some weeks, I went back and then needed to be off again. Despite my GP records stating I am struggling with a chronic illness, which is triggered by stress, they still implied in no direct terms that I am lying! I have not received any warnings prior to this? I have 2 days left to appeal. No occupational health or GP notes have been requested. Is it right to threaten me with dismissal with no prior warnings? I will appeal, but what and how do I do this? My condition Is being classed as a disability so do I have grounds to take them to a tribunal? Please any advice would be helpful.

[Tuvok]

Are you in a union? If get them involved - thats what you pay your subs for.

[andy-hughes]

If you are not in the appropriate union, join today, and contact your rep for advice and support.

[Hymie]

You state that you received a final warning; and that you have had no prior warnings – it is unlikely that your employer has followed their internal procedures in this matter, which would count against them in any tribunal hearing.

Ultimately if you are sacked, your only recourse is through an employment tribunal hearing – if I were you I would ensure that I had all the evidence in relation to the matter before I could no longer return to my place of employment.

Remember if you have not been employed by the company for more than 2 years – they can sack you for all most any reason, and there is nothing you can do about it.

[phleb]

I’ve worked there for 11 years. I suffer from extremely painful migraines. How do I join a union? Is it too late to join one? I’m off sick again and been to hospital all night, can they sack me while I’m off sick?

[Tuvok]

Find out what union is at your work, then contact them - they will give you details of your local rep.

https://join.unison.org.uk/

[Buenchico]

While, quite rightly, employers must make 'reasonable adjustments' to accommodate employees with disabilities, that doesn't mean that they can't dismiss them if it's no longer practical to keep them on their books.

Most employers will start to question whether they ought to be keeping someone on once their absence rate reaches two or three percent. Yours is around 24% so, given all the problems that having someone off work can cause to others in their workplace, it's inevitable that your employer will be thinking about whether it's really practical to keep you on. All that seems to have happened now is that the employer's position has been made entirely clear to you.

You asked "can they sack me while I’m off sick?". The answer to that is definitely 'yes'. It's not at all unusual for someone who's been off work for an extended period to find that their employer finally gives up on any hope of ever having them back to work on a regular basis again.

Your best source of detailed information is probably the Acas helpline:
https://www.acas.org.uk/contact
(Several ABers have indicated that it can take quite some time to get through on that number but that it's definitely worth the wait).

[bobbinwales]

Yes as other's say they can sack for geniuine absence, its capability thats the issue. But they after follow the company procedure and normally have stages they go through-informal warning/couseling, verbal warning, written warning, final warning, dismissal...and as the process go's on there should be meetings to discuss the issues.. agree targets...discuss what can be done by you and them to help...maybe seek external independent medical view of company doctor.
Have you checked what the official policy s. If they did'nt follow it then challenge them,,, use your union or a colleague or your superviser to help if you need support

[binitafelicity]

Section 7 (Rule 28) - These employees are eligible for one month medical leave for every 18 months of service rendered at half the wages. Any person covered under the Act can avail sick leave of not less than one-eighteenth of the service period at half the wages. No employer shall dismiss, discharge or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in ...
https://www.cps-tester.co/

[Peter Pedant]

yeah
agree Tuvok - are you in a union yet

unions specialise in this - like walk ins on AB dont - the issue is, can they fire you for incapacity? ( not sure)
if if so ( that is if you have a case) then what is the way forward

and THAT depends on whether your employer has followed the rules. Sorry phleb this is not the right place to answer this stuff. ( and yes I used to be a union rep)

oh I see eeryone has said ask a union

[Peter Pedant]

bina is quite right

BUT - in the NHS I was appalled to find out ( being ex-ca colon) there WAS a way to fire people - but they HAD to follow it ( the prescribed way)

hence union

[Peter Pedant]

and only b/c bina has been posting

Capability dismissals
When asked to decide whether a capability dismissal is fair, an employment tribunal will consider the following key points: The nature of the employee's illness. The prospects for that employee returning to work. The treatment of other employees in the same or similar circumstances.15 Jul 2011

this clearly shows they can
union

[1ozzy]

Companies need to make a profit so they can pay bills, suppliers, employees, share holders, etc.
No profit, no business.

[Peter Pedant]

yes lozzie
but that doesnt give them free rein to screw the workers
( yawn)
PP doesnt look up - knows it must be AB

[Peter Pedant]

I think that is no turnover no business
and clearly you need to keep expenses / overheads minimal so that they can do the furry wall paper in the directors' offices - and other necessities

[Peter Pedant]

absoolute necessities

[1ozzy]

A big yawn from me too PP.
Have employers recently become benefit suppliers?

[Prudie]

There is some good advice above if you can wade through it. I would also recommend contacting ACAS, a Union too maybe but I thought they wouldn't take on any dispute until one had been a member for 3 months.

That aside accepting your illnesses are genuine do you expect them to
keep on paying you regardless? Surely also you have had to supply sickness? I only really have experience of civil service and that must be the most generous and sympathetic sick policy in the world but even they get rid of you, albeit on medical retirement eventually. How long do you think your employers should let this go on?

[Prudie]

Sickness meant to be sick notes. I depise predictive text.