Disciplined for being off sick?

[aggiela]

In february this year I was off for 4 weeks with a broken bone in my hand, then on oct 23 I had an accident that left me in hospital and I have been off ever since. All my sickness has been covered by doctors notes but my boss has informed me that she is going to discipline me for my level of sickness. Can she do that for genuine doctor certified sickness, I've also just informed her that I am pregant. Help!

[Ethel]

From the workingfamilies.org,uk factsheet:

Sick leave is unlike other forms of leave in that you can eventually be disciplined or dismissed for taking too much. If you have odd days of sickness here and there and your employer believes you are taking more time off than you need or pretending to be ill, your employer may discipline or dismiss you for misconduct.

If you have a long period of sickness or repeated periods of illness, even if your employer believes your illness to be genuine, your employer can say that you are no longer able to work and dismiss you on the grounds of capability.

[buildersmate]

Yup, that's about it. Capability is one of the six potentially fair reasons for dismissal (fair in a legal sense, rather than being just). If one keeps being absent, the employer cannot function properly.

[factor-fiction]

If the absence is certified then it must be a capability issue not a disciplinary issue. It is unlikely that the employer would go straight to dismissal- normally a process of warnings should be followed first.
Your pregnancy may actually help- employers know they have to tread carefully.

[Peter Pedant]

yeah if you are ill alot
they can fire you for incapacity

It is something you have to bear in mind

(speaking as someone with treated cancer)

[Peter Pedant]

but you CAN'T be fired for being pregnant

stick with that one.