disciplinary over sickness....

[renegadeimp]

Hi atlas. You missed a very concerning part.

 

1. employer refuse to allow me to take a work colleague

 

An employer is NOT allowed to refuse a witness of the accused's choice.

[Sidewinder]

Notwithstanding the right to have a colleague or TU Rep present, I note that you say they gave the reason as the case being clear-cut? Do you mind hinting at what you are accused of and whether there is any doubt of guilt or strong mitigation for your actions?

[J4g3d]

Notwithstanding the right to have a colleague or TU Rep present, I note that you say they gave the reason as the case being clear-cut? Do you mind hinting at what you are accused of and whether there is any doubt of guilt or strong mitigation for your actions?

 

Attendance, 27 days off in 1 year period with 3 doctors notes.

[Emmzzi]

Atlas, witness to the proceedings, not to the case.

 

It does look like a clear cut case going by your other thread op. Perhaps these should be merged for clarity?

[Sidewinder]

It does look like a clear cut case going by your other thread op. Perhaps these should be merged for clarity?

 

Agreed - thanks Emmzzi - threads merged

[J4g3d]

Thanks guys,

 

So i am still a little confused, can the hearing go ahead? union rep out of the question by now. So a colleague would be my preference, however its been made very clear that they cannot afford to let anyone take time off to sit in the hearing.

[J4g3d]

Atlas, witness to the proceedings, not to the case.

 

It does look like a clear cut case going by your other thread op. Perhaps these should be merged for clarity?

 

 

It is a clear cut case, but i still would like a neutral witness because i will be appealing the case for various reasons.

[minmac]

Hi, I suspect you rep will not attend as this to me from your posts does seem to be a very clear case of poor performance on your part. The rep probably knows there is nothing they can do.

With regards to a work collegue you most definitely are allowed to take one in with you. I am not 100% positive but I was under the impression that the company are not allowed to refuse this on any basis (unless you ask for a member of management as they are not seen as a neutral witness who has your best interests in mind).

Someone may correct me on this x

[Atlas01]

Good spot which i missed, in my defence i had just returned from "date night" with the wife aka 4 hrs of having my ear bent!

 

I still think the employer would have a chance of defending their stance e.g. we moved the hearing, we gave them the right to be accompanied by their TU, it isn't our fault the TU declined and we can't keep changing around

 

As i had a little time on my hands i had a mooch and found http://www.bailii.org/uk/cases/UKEAT/2013/0569_12_2205.html the jist is

 

In this case that person was originally Mr Lean and he was rejected by the Respondent. In the Tribunal's view, the Respondents were at that particular time in potential breach of a statutory provision and had a claim been brought at that juncture the Tribunal would have found in favour of the Claimants

 

In this case however the matter does not stop there. Upon Mr Lean being rejected the Claimants chose another companion to accompany them to safeguard them in the grievance meetings. The Claimants therefore waived the potential breach by the Respondent when the grievances concluded with their chosen representative and the fact that it was second choice is immaterial

 

for me I still see the technicality and therefore can't agree on the absoluteness of the right to be accompanied in this instance, boils down to who has the better lawyer in tribunal to test the theory though so i'll leave it their so i don't rail road the original topic

[J4g3d]

Just got back from this hearing, Company completely refused to admit they refused to allow me to take a witness and the LAST MINUTE they told me i could. So was late for the hearing for this reason. They have now reduced the amount of days i have had off sick by 9 days due to those being work related stress. On top of that some other days i have had off sick where i went home half way through the day, they are classing as 1 full day.So in total i have had 20 days off sick in 1 year and most of that is with a physical condition preventing me from doing my daily job. So now i can say it is not a clear cut case, the days are reducing and i have more evidence that i was refused to return to work on 1 occasion. I think i will speak with another legal representative because so far i have received no good advice from the services i pay for at the union.

 

Thanks for the replies but i think i will leave it for now, i dont want to give too much away on here just incase you never know who is watching. There are a number of wrong doings going on and i really need confidential legal advice.

 

Do you guys still think 20 days in totally unacceptable? (3 of those days i would of come back to work but i was denied the right to).

 

Now you see why i desperately needed some neutral union with me?

[Emmzzi]

20 is more than one sick day every 3 weeks.

 

 

yes, too much!

 

 

how come you are just back at almost midnight? that seems very odd.

[J4g3d]

20 is more than one sick day every 3 weeks.

 

 

yes, too much!

 

 

how come you are just back at almost midnight? that seems very odd.

 

I finish work late. Yes i had to go back to work after the hearing.

 

Well you say 20 is too much, but you do not know the environment that i work in. Or what my colleagues have taken off, which is generally more than what i have taken off.

[Emmzzi]

I don't know why you are going to ask for opinions if you are just going to argue with them.

 

 

20 days = 1 working month = 1/12th of the time, you were not at work. (More than 1/12th if you include holidays, more like a tenth.) I would not be happy with that if I had work needing done!

[J4g3d]

I don't know why you are going to ask for opinions if you are just going to argue with them.

 

 

20 days = 1 working month = 1/12th of the time, you were not at work. (More than 1/12th if you include holidays, more like a tenth.) I would not be happy with that if I had work needing done!

 

Who is arguing? it seems you are by insisting getting in late is very odd. Which is odd for you to question why i got in late?

 

There is nothing more to be said here.