can they dismiss my son?

[trolly61]

My son works part time for a large well known supermarket. He is at college and only works there 8 hours a week. He started there in November 2007 and unfortunately he has been off work sick three times. He has always advised them of his sickness. He is not a sickly boy and hasnt ever been sick a lot, unlike the rest of us, he never seems to get anything. But recently he has had 2 sickness and diarrhoea bugs as there was a lot going about, and one time he had a really sore throat. He is due to go to work tomorrow at 5.30 and has just received a letter informing him that he has to go for a disciplinary meeting tomorrow at 6. I have a funny feeling they are going to sack him. Is this legal? Dont they have to give him a warning first or at least hae a meeting with him to find out if there are any problems with his health. Surely they have a duty of care to offer support instead of just sacking him. He has never been asked to attend anything til now. Any advice would be appreciated.

[Kathyan]

It's not Somerfield by any chance? Their approach to staff is abysmal. My daughter worked for them for about a year. She started on 12 hours, within 2 months she was down to 9 and they cut her hours again to 6! She had only been there for three days when she was left at the til unsupervised. The police sent in a young lad to buy beer and unfortunately, she served him. She got a fixed penalty of �80. The manager was no help whatsoever. She hadn't even earned �80! With regard to your son, it's probably just to find out what was wrong. I don't think they can just sack him for being ill.

[Ethel]

An employee has to be employed for 12 months or more to claim unfair dismissal.

However, a disciplinary meeting would be the correct and proper procedure to issuing a formal warning - you don't know that he is going to be sacked,


Three periods of sickness in less than six months is enough to trigger the proecudure in most cases. There should be a employees' handbook that explains company policy

[trolly61]

Hi, no its not Somerfield, but a bigger chain. I did think he would have to have a warning first but I thought it strange that they didnt ask him to come in half an hour before he started but half an hour after. Its his first job and he is enjoying being independant and earning some money while at college. Its just unfortuante that he has had these absences as in 17 years he has only ever been ill with chicken pox. I suppose we will just have to wait and see what happens, but he now wants to ring them and resign rather than be sacked, which I can understand as it doesnt look good on his CV if hes been sacked. I really dont know what to advise him to do.

[Ethel]

This will be excellent experience for your son. If he isn't sacked, well and good - he'll know what to expect from a disciplinary hearing.

If he is sacked, he can skip it on his cv. It's not as if he'll have years of full time work to hide.

Tell him to face it - and remind him to stress how unhygienic and irresponsible it would be for him to go to work with a stomach bug.

[Hermia]

Has he not got an employee's handbook? Sickness policy should be explained in there.

I was in Sainsburys once and the poor girl on the till looked absolutely dreadful. She was pale and profusely sweating and she suddenly turned to me and said she was about to have a stomach upset. So, she rang her bell and the supervisor came over and she explained she was about to have a stomach upset and needed the toilet the a.s.a.p. The superviser told her she couldn't leave the desk until her tea break in 45 minutes!

[Mamjet]

Maybe the supermarket know something you dont - that he is addicted to heroin for example?

If I was head of a supermarket I wouldnt want junkies working for me, I'm sorry but I just wouldnt.

[tigerlily11]

If you think Somerfields is bad try working for Maplins Electronic store. My son works for them and they are just cronically bad employers.
They might just give him a warning. My daughter recieved one a few weeks ago. She catches anything thats going round and found herself off work from Clintons card for about two weeks with one bug after another. She got disaplined dispite having DR sick note to cover it.

[Postdog]

"been off work 3 times"

In the royal mail, this would constitute being put on a stage warning, with the likelihood that if sick again within a certain time, dismissal would follow.

Quite a normal - albeit maybe unfair at times - practice.

[trolly61]

Mamjet, I am not even going to rise to your comment as its so despicable

[Mamjet]

Don't close your eyes that's all

[trolly61]

My eyes are wide open. My son is a sensible, well adjusted boy and I resent your insinuations. You are obviously a troll, so Im not even going to respond to any more of your posts and I suggest you dont respond either. I asked for advice and you suggest my son is a heroin addict! Perhaps you would be better on a drugs advice line if youre that way inclined.

[Rtaxron]

I would have thought Mamjet is on the heroin trolly, just ignore, which is the best policy for ignorant trolls.

[burbie]

The company are following the procedures laid out by head office, and this applies equally to every member of staff.
If you have time off sick then it is counted as a percentage of your working week. So as he only works 8 hours, if he has a day off sick then his % is much higher compared to someone who who works 24 hours and has a day off sick.
Everyone who has a high % usually has to see a manager about their attendance, and he will probalbly be given a verbal warning.
This is normal, and happens to a lot of the staff.
I dont believe they can sack him without going through verbal then a written warning.
Hopefully he has had his share of the bugs going around, and will be ok from on.

[shivvy]

Does the letter say what the disciplinary meeting is about? Can you be sure that it is to do with his absense? Could it be about something else?
However if it is to do with his absence record, as others have suggested, it isn't odd for a disciplinary to be issued when someone has been off three times within a 6 month period. Although it might be unusual for him, from the point of view of the employer it doesn't exactly paint a picture of reliability.
I hope it works out ok for him. It is good that he is out there earning a few quid while he is at college - there are lots of young people and adults that wouldn't bother doing either.

[Mamjet]

My thought exactly shivvy.

[midg]

all companys have this sickness policy this is just a check on your health eg are you up to the job or is the job making you ill? also have you some commitment for the company .they will then just monitor you for further sickness abcences and take it from there . Go to it take on board whats said and learn for future ref . Good luck

[Simon155]

Wondering where my wife stands on a similar case. She works for sainsburys and has had 2 sick days in the past year. Last week however, following a routine opticians visit, she was instructed by the opticians to report directly to the HOSPITAL on monday morning and not delay. She phone work and gave them the information and recommended 2 days advance warning.

However, on return to work, she has now been told to expect a meeting and warning this coming wednesday.

Personally there's no way I'd let that rest, where hospital referrals are concerned - it'll be one to take up with human rights and a tribunal if they push that at her. Absolutely disgusted with them.