Sickness Absence Review - What can I do?

[Smackbat]

Hello,

 

I have today been informed that I am to be placed on sickness absence review. The reason being that in the past 12 months rolling period I have been off on 8 occurances for a total of 17 days. The sickness has been well documented and I have doctors certificates to cover these periods.

 

I am a sales manager and as a result of the sickness absense review I will not receive any commission for 6 months (about £7k) and will not be able to have this backdated at the end of the review, I will not be able to take time off as flexi and I will not be in a position to receive a pay increase in Dec in line with the rest of the company.

 

I am obviously not happy, if my sickness had formed a pattern or I was not genuinely ill - one instance I came into work despite being signed off because I knew how serious my absence was, only to become dizzy at the top of a flight of stairs and fall down them and be taken home by my manager, i had an inner ear infection.

 

My company T&C's on sickness absense states

 

"The emphasis of this review is on remedial action designed to restore attendance to an acceptable level.

Reasons, duration’s, frequencies, patterns of absence, departmental needs and individual circumstances all differ therefore it is not possible to state optimum levels after which an employee could expect to be placed on review.

Prior to an employee being placed on Sickness Absence Review they will be required to attend an informal investigative interview with their manager or Team Leader to discuss their levels of absence. If following this meeting the Manager or Team Leader decides the employee should be placed on Sickness Absence Review they shall be formally advised in writing.

The letter will state the duration of the review (normally 6 months but may be curtailed or extended depending upon an individuals attendance record) and the dates for interim review meetings. The purpose of the interim review meeting is to discuss attendance and review progress since being placed on review.

 

Whilst on Sickness Absence Review you will be required to have a full return to work interview after any period of absence (this will be in addition to the periodic review meetings). You may also be required to visit the Company Medical Advisor for the purposes of obtaining independent medical advice.

 

Should an employee’s absenteeism continue to be unacceptable they may be subject to disciplinary action and ultimately dismissal.

 

Whilst on Sickness Absence Review the Company reserves the right not to pay an employee for any period of sickness absence. Such action will only be taken after the Manager or Team Leader concerned has discussed the case with the Head of Human Resources. Should it be decided not to pay for a period of sickness absence the employee will be advised in writing.

 

When your Manager or Team Leader believes you have attained an acceptable level of attendance you will then be formally advised in writing that you are no longer on Sickness Absence Review.

 

The right of representation is available at all stages whilst on Sickness Absence Review"

 

I have expressed my opinions to my direct manager, I am unhappy for a number of reasons.

 

1) I was off in Jan/Feb with an inner ear infection, on my return I had been off sick on 9 occurances totalling 19 days. I was not given an absence review at this point. My absense has now decreased over a rolling 12 month period (8 occurances totalling 17 days), having been off sick the beginning of the month for 4 days.

 

2) At the beginning of the month I was off for 4 days suspecting swine flu, I went to the Dr on day 2 who was unsure and took a swab but advised me to remain off work for at least 48hrs. When I was informed it was not swine flu I went straight back to work. We then had a communication at work advising if we had any flu like symptoms, we were to stay at home.

 

3) My commission will not be held and then paid if I am not sick during the next six months. Other employees have had their commission backdated upon successful completion of the review period - I feel I am being discriminated against.

 

4) My sickness has not affected my performance, in the past 12 months my 2 appraisals I have been graded as exceptional performance exceeding all stretch targets.

 

5) The fact i should be placed on sickness absence review was decided by HR and not my manager who advises me that he fought nail and tooth not to be placed on sickness absence review - the T&C's say that it is my manager who makes the decision.

 

I wish to now approach my HR with a resolution, advising of the above reasons why I am unhappy and a proposal that if I exceed my stretch targets by x % then my commission can be backdated upon successful completion of the review period. I will indicate the benefit to the co in keeping me motivated, however I don't believe this will make any difference.

 

Please can someone offer me some advise!! Do you think I have a grievance I can raise? Is there anything else I can do? If not do you think I have a case for discrimination?

 

Than k you all so much for having a look at this for me!

 

Smackbat

Edited July 30, 2009 by Smackbat

[pippadeee]

I have to admit I can see their point in respect to the sick review. Over five months that's nearly a week off sick every month

 

Regardless of that, what on earth is the point of curtailing someone who works in sales' commission? And for that. That's ludicrous. You'll not dare be off sick for a while but whilst you're at work where's the incentive to do your job ie sell! There isn't any incentive at all.

 

No one works in sales with all the hassle that goes with it for the love of it alone, or just for a basic salary anyway. They're idiots. Plus, that's a penalty...or rather a punishment, to me. They're putting you on sick review - that's enough. Punishing you for your sick record by infact removing your means of earning a living too I'd say is grossly unreasonable.

 

I've heard of commission stopping whilst someone is off sick, and pay rises being postponed until a person returns from sick leave but never heard of either or both happening to punish someone for having been off sick.

 

Yes, I'd certainly be submitting a grievance about those elements.