Help needed!

[chasin sunsets]

Ok here goes, joined employer in may 06. Everything going well, not the best paid job but hey, pays the bills. 6 months later, things change, new starter comes in and changes everything. I go off sick for a day. blah blah...get home this evening and find a letter for me from employer....goes along the lines meeting next week for sickness absence and is held under final procedures.. Basically was off for a week with chickenpox (from my daughter who was also off) went to GP, he confirmed it, told me min 5 working days, so was off a week..went back hear nothing until this evening by letter...just joined union online. Should I hand in my notice on Friday as have 2 months notice plus 15 days holiday owed or go to hearing, they have dismissed on the spot and escorted off the premises...hearing is 23rd.

[chasin sunsets]

anyone?

[Ell-enn]

Hi there, under no circumstances hand in your resignation, why would you want to do that? You should attend the meeting, taking a colleague with your (I don't think the union will represent you as you have joined after the event so to speak). I don't understand why this is the final stage of their procedure - have you had previous disciplinary action for sickness absence?

 

Also, do you have a copy of their disciplinary procedure and absence management policy?

 

Kind Regards

 

Ell-enn

[chasin sunsets]

I do have a copy of the sickness procedure, the union is well aware of the meetings that have taken place, basically, we as employees are not allowed more than 3 periods off in any 12 month period. After the last meeting, I was told that for the next 4 months I could not go off sick. My daughter came home and was ill, noticed chicken pox on the friday, on the saturday I had it. Went to dosc on monday, he confirmed it and said to self cert for that week. Not heard anything until this evening, i basically feel as if I am being forced out...can I be dimissed on the spot? Is so what r my rights?...been there nearly 2 years...

[Ell-enn]

Hi, employers have a responsibility to act reasonably when dealing with sickness absence. You were quite right to stay away from work when you had chickenpox- you could have passed it on to other members of staff and caused them to be off sick. Also if there were any pregnant women who were in danger of catching it - would they have wanted that to happen? I sent someone home from work a couple of weeks ago when he turned up to work with chickenpox and told him to get his doctor to confirm he was ok to return - the doctor gave him a sick not for 1 week and told him not to come to work!

 

Ell-enn

[chasin sunsets]

The doctor asked me where I worked, I said in a college and am in contact with students. He advised me to stay off a week and self certify. If he wont give me a letter for my employer to verify this, where do I stand? I really am in a foul mood with my employer as I believe it is their intention to get rid of me and replace me with another member of staff who has had time off and has appalling time keeping. I have called a colleague this evening and he has said that not too hand in my notice as he doesnt want me to leave we work in the same area together and get on ok. I dont want to leave but will if I am forced too, I would rather get sacked and take them to the cleaners.....

[chasin sunsets]

Spoke to the rep at work and am meeting him monday evening. He has said it could lead to instant dismissal, but if I go to my GP and get a letter to verify my reasons why I was off ill then that could constitute a good defence, which can then lead me to further action by ET.

[paulgmb]

Even if you are dismissed you can and should appeal against their decision. Does the letter inviting you to the hearing say you may be dismissed?

[chasin sunsets]

Hi Paulgmb, no it doesnt state that. Cant be too specific incase they watch these boards/forums. It is called EEP. Effective Employment procedure, it does however say in the policy that it can lead to instnat dismissal with rights to appeal. They do this a lot here, bully you into quitting or being a yes man/woman..basicaly, my face doesnt fit.

[paulgmb]

In my opinion they would have to notify you individually that the meeting may lead to your dismissal. Its not good enough to say its in the policy although if they refer to it in the letter and enclose a copy or can prove you have had a copy they might be able to cover themselves....maybe!

 

Every case is different so a blanket policy (again in my humble opinion) cannot be used otherwise you could be called in for a "Chat" which then suddenly turns into a disciplinary and be dismissed for example being a minute late 3 months ago because "Its in the policy!"

[chasin sunsets]

It is a final formal meeting under EEP. Says also I need to include names of witnesses and documents I intend to use. Cant I refuse disclosure as it isn't a court hearing only an internal matter with my emoloyer, surely they have no righht under data protection?

[paulgmb]

No, they are the ones that have to do this, providing all the documentation they will rely on. Sometimes its helpful, but do you want to help them?!

[chasin sunsets]

Erm, No!..I don't want to disclose what I am going to later rely on in my own hearing! Duh!

[maroondevo52]

In the first instance, if you genuinely were ill with chickenpox then you should contact your G.P. and inform them that you are to attend a Disciplinary Hearing for your absence and that you need written confirmation before you attend the Disciplinary Hearing for the reason for your absence (Chickenpox).

 

Alternatively, your employer can contact your Doctor prior to your Hearing provided you have given written consent via a Medical consent Form.

 

Either way, you will have evidence to support your claim and this will have to be taken into consideration during the Disciplinary Hearing.

 

However, you do not have to disclose to your employer who will be attending the disc. hearing with although it is good practice to do so. Your employer is right as to any documentation that supports your claim must be disclosed prior to the disc. hearing.

 

It is not a court hearing, therefore there should be no surprises at the hearing on both sides.

 

I take it that you have copies of all your return to work interviews, as they will definately be produced to you within the hearing. If not, then ask for copies to be provided.

 

Good Luck.

 

Scott.

[chasin sunsets]

The only thing I will have is the fact that I know I did attend my GP and it is on my record, problem is money is a bit tight and I cant afford the fee for the doctor's letter to confirm that I did attend. I will tell the hearing that they can contact my gp if they want it confirmed, or let them pay for the letter as I dont see why I should cough up for documents which will prove my genuine reason for non attendance for a week.

[maroondevo52]

Like you say, money's tight. Can't see any harm in letting your employer pay for the written conformation from the doctor.

 

 

Best wishes.

 

Scott.

[chasin sunsets]

Hi all, well, had meeting yesterday morning, UCU rep came with me, basically the return to work forms had been doctored by line manager as I had the genuine copy of all of them! Messages are not being passed on as I did call in and the director wasn't aware of this as i bought our phone bill in with the number on the day I was diagnosed by gp! I was told that for a period of 4 months I was under sickness monitoring...

[Ell-enn]

Hi there, glad to hear it didn't turn into a dismissal matter. However, what are they going to do about the manager falsifying the return to work forms? You would be well within your rights to bring a grievance against that manager as their actions could have led to your dismissal.

 

Kind Regards

 

Ell-enn

[389shell]

This is exactly what I would do.

[chasin sunsets]

Well, suffice to say I am looking around!