Work disciplinary for being off sick!!!!

heather1

Hi all

When i applied for my job i never hid the fact that i have a serious back problem.
Last week i had one day where the pain was so bad i couldn't go in.
Today i had a "back to work" form to fill out with my line manager and he tells me if i have one more sick day then i will get a disciplinary.
WHAT???

I have always been a good worker and hate the thought of this going on my record.
Surely as they know my back problems are long term and i have documented proof of that they have to take that into account?

What do you think?

Thanks

woodbon

Hello, Nice to meet you! Your employer sounds very hard - after all we have illnesses at times, even if your fit and healthy.

Are you in a Union? They may help you. Some people are able to have time off for their disability counted differently to other sick leave. If you are in a Union, I'd definatly ask them to help you. Worry is the last thing you need. I hope things can be improved for you on the work front. Love SUe

ninakang

Hi Heather,

I totally agree with Sue. But also, you should look into your policies for work regarding sickness and also disciplinaries prior to them even arranging a disciplinary interview. And like Sue says, take support with you.

Are you covered by the Disability Discrimination Act? Do you have back up from your GP? All can be useful tools when "having it out" with work.

I would get prepared now, cos that there's fighting talk your manager's coming out with!

Nx

eckstardeluxe

Your employer wants to get a grip. I'm pretty sure an employee can be considered to have had reasonable attendance if they have taken less than 2 weeks off in a year. It would depend on how long you've had the job, if you started very recently you could expect your employer to be twitchy but to mention disciplinary action is a no-no as can cause you stress and more likely to be off sick.

Under the DDA your illness could be classed as such that you can be expected to have time off due to it and not counted as sickness absence. Your employer should have you assessed to ensure they have put measures in place to ensure you can work safely. At an assesment the assessor may include the fact that due to your illness you cannot be expected to give full and proper service. My assessment says this and that also any absence relating to my arthritis must be discounted until a certain number of days is reached, but it's alot! If you have been with this employer for some time make a note of everything, take advice from your Union or CAB if you don't have one because if they keep that up it would be a Tribunal for me.

ktl297

I am afraid that any employer can set a limit on what they view is "acceptable" sickness levels - mine set it at 9 days and if you have more than that you have an interview with HR and a senior manager. This is totally legal - even if your illness os covered by the DDA BUT any action they may/may not take is covered by the DDA if your situation fits the "test" for a disability. For example I was off sick due to my PA which is well documented and proven and the flare up was caused by work so they agreed to discount the 19 days I had of sick and not take any action. The DDA says that Employers have to make reasonable adjustments to enable disabled people to work and that they cannot treat disabled people less favourably because of their disability. My best advice to you is to contact your union (if you have one) and to call the legal advice line run by the equality and Human Rights Commission (you can google them) you just call them and you might have to wait on the line a little while but they give good, free advice so it's worth it.
Good luck!
KT

karenblack

heather1 wrote:

Hi all

When i applied for my job i never hid the fact that i have a serious back problem.
Last week i had one day where the pain was so bad i couldn't go in.
Today i had a "back to work" form to fill out with my line manager and he tells me if i have one more sick day then i will get a disciplinary.
WHAT???

I have always been a good worker and hate the thought of this going on my record.
Surely as they know my back problems are long term and i have documented proof of that they have to take that into account?

What do you think?

Thanks

Hi Heather,

you did not say how long you have been with your current employer, if you have made it clear to the employer that you had a back problem when you started then they should have asked for a medical report when they hired you. If they asked for a report from your GP then if you have been employed by them for at least 2 years they then have a legal duty to send you to Occupational Therapy for a report, and once that has been done they cannot go down the disaplinery route if you are off ill due to your back problem.

Hope this helps.