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simon Templer

threats by employer for genuine sickness

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I wonder if someone can help me to understand if my wife's employer is acting legally here.

 

My wife is a permanent employee working as customer assistant for last 4 years with this company. She was off sick for 4 weeks in June this year due to broken/buised wrist bone. The sick period was duly signed off by both hospital consultant and her GP. But her employer has called her for a hearing after she has resumed work and threatened her with a possible written warning or final written warning as one of the possible out comes of the hearing. Also if she gets the written warning, she will not be entitled to bonus, pay review for next 12 months and if she goes off sick again even for one day in that period, she will be dismissed.

 

Is the employer acting legally? Can someone help please on how to deal with this situation?

 

simon

Edited by simon Templer
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Guest Old_andrew2018

Hi your wifes employer should have a sickness/absence procedure, it would be worth taking a peep at this.

 

Andy

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USUALLY; except in the case of gross miscinduct, He can only give her a written warning if he has already given her an oral warning for the same "offence". He can only give a final written warning if he has given her an oral and a previous written warning for the same "offence".

 

HOWEVER....... It does depend on the sickness/absence policy.

 

If for example, the sickness policy stipulates a person can have up to 10 days a year off sick and the person's sickness exceeds this, they can fast track the disciplinary process. If the illness is a long term one, (such as a disability) they can dismiss a person on the grounds of "capability".

 

When you say the sick period was signed off by her doctor, what exactly do you mean? If this means she was given a med 3 (the normal sick cert dished out) then no employee has to by law accept this as it is an advisory sick cert. They are advised to refrain from work. The sick note is simply for SSP, NI or benefit purposes. However if they had an issue with the sick note then they really ought to have raised it at the time.


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