Disciplined for being sick!

[sastusbulbas]

Been off work for a little while, had holidays running from the 19th Dec into January 09.

On the 12th? I had to see a doctor as what I thought was a cold was bugging my chest, and was told to take a few days off. My time off sick ended up being the five days before my holiday, so I did not get a sick line, and apparently can only self certificate the first week anyway. The illness got worse, I have had a bad chest throat and ears for most of December, and even got given antibiotics which only got finished on Xmas day.

Anyway today I felt well enough to pop into work, only to find out I am to be disciplined and may even lose my job for taking the week off sick before my holiday and not contacting a manager or making an effort to attend work.

Even though my wife and I called each day on that first week, I should have known better as managers were not in at the times I was calling?

Even though I have been working for ten years with this company, apparently it seems convenient that for the last three or four years? I have been off sick or taking holiday and sick days together around similar times, even though I have in the past provided sick lines and even had surgery all due to neck and chest problems.

Effin great!

[Spectral Morn]

Are you a member of a union ?

If not you will need to gather up a record of phone calls to your work number bill will show duration of call, date etc.

You will need to compile a complete record of doctors appointments,self certification forms and anything else that will support the facts.

All of this to prove your story. I believe you, but in the current climate, any excuse is all employers need. However they can not just sack you. There must be 2 verbal warnings and at least one written warning as well. However they may claim that this is a major breach, and a dismissing offence. Check your contract for the details of such. If you have no contract of employment things are a bit tricky but you have employment/employee rights regardless .

Citizens advice can give legal advice as can the Dole office.
( JOBS AND BENEFITS OFFICE)

Hope it works out for you.

Regards D S D L ---- Neil

[Beechwoods]

Neil's completely right. Make sure you've got your evidence. Make it clear that you have the proof that made reasonable endeavors to advise your manager, but keep it civil; if bridges aren't already burnt keep it that way. I'm guessing that there must be some history with your manager for them to threaten you like this? Make sure you make a note of the other times when you've felt harassed, if that's the case.

I hope it works out for you too.

[DSJR]

Are you in the UK? As said above, the Citizens Advice Bureau can be of help and advice (at no charge) if you feel you need it. They can help with constructing letters if necessary and if the very worst happens, they can offer financial advice (to a degree) depending on savings, income, health issues etc. The new ESA's (in the UK) are a nighmare series of hoops should you be sick/disabled enough not to work but not so disabled that you cannot work at all..... There's one big UK employer who has no empathy at all for sick employees, so I have an idea what's going on...

I wish you luck.

[SPS]

Just to cheer you up.. the advise is good so far..

If you are off sick and did not inform your manager, your actions may well be classed as gross misconduct.
Your company should have, and you should have read, copys of their procedures or sickness policy, ...they have those?
if they have, you would need a good reason, ie that you had left a message with some other manager or his deputy to get out of that one..
if you have had sickness 'patterns' in the past, that may be taken into account.
if any of your illness come under the disablity act.. that's a different story..
ie long term back problems etc.. but not a good route to take with a smaller company, as they may look at your 'fitness for role'

you need factual excuses..

a disciplinary does not mean the sack though...
there 'may' be an investigation 1st to collect the facts, if they take it further you will be invited to a discipinary meeting where you can take a union rep or workmate.

have you heard of the bradford score..
many companys use this method to keep levels of sickness down, and sack people with multiple minor sickness occasions.. all within the law, and using the company disciplinary system .
i would recommend the acas help line, they are very familiar with employment regs.

best of luck
steve