Sickness resulting in disciplinary action

[justmyopinion]

My wife has undergone a disciplinary hearing and appeal, not upheld, over her sick absence - there is one appeal and that was it. She has passed departmental trigger points which she admits, one of which (the numbers of days sick in the year) was largely caused by a period of certified sick leave caused by depression - she takes medicationas a consequence.

 

She was put onto an improvement plan for three months and had three days sick absence in the final week of the period. For this she was issued with a written first disciplinary warning letter which remains on file for 12 months and which can lead to more serious consequences potentially.

 

She has achieved all of her objectives and her manager admits that the sick leave is all genuine - her manager is now in her 5th week of sick leave herself.

 

She works in central government and has an otherwise exemplary record over 20 years or so.

 

Has anyone come across a similar situation and what advice could anyone offer please? She is now beside herself with worry over being sick again

[elpulpo]

Noting your posts on mai20's thread, has your wife had a formal diagnosis of Clinical Depression, with episodes that have recurred over a substantial period of time?

[justmyopinion]

She has certainly had episodes of sick leave over three or four years which were subject to certifates quoting depression and an Occupational Health review where the GP (not hers) referred to those periods as potentially covered by DDA. She has been taking prescription medication for depression for several years.

 

That may not equate to "clinical depression"?

[elpulpo]

I'd check with your GP as to what the diagnosis is.

Given that this has required medication, and that there has been a recurrance, it may well qualify for DDA.

[justmyopinion]

We will check and advise the group - thanks elpulpo

[benny1970]

Hello,

 

This would be covered under the DDA. Therefore the sickness should be treated as a reasonable adjustment ie disregarded when this is depression. When she is depressed make sure she gets a sicknote. She will need to speak to the work OT and her doctor to ensure that this is done.

[SarEl]

Hello,

 

This would be covered under the DDA. Therefore the sickness should be treated as a reasonable adjustment ie disregarded when this is depression. When she is depressed make sure she gets a sicknote. She will need to speak to the work OT and her doctor to ensure that this is done.

 

This isn't strictly accurate. The DDA does not provide for sickness absence associated with a disability (if this is a disbaility in law) to be disregarded, and it is dangerous to assume that it it does. Managing sickness absence is not about the genuine nature or otherwise of sickness - it is about reducing absence levels as a result of sickness and nothing else. An employer may, if asked, consider allowing some additional leeway to sickness absence trigger points to allow for sickness relating to disability - but there is absoletly nothing that says that they must, and nor would it ever be considered reasonable to ask for all such sickness to be disregarded. If an employer refused, then it would be up to a tribunal to determine whether this refusal was reasonable or not - absolutely nobody can tell you whether they would or not.

[papasmurf1cx]

Is there a reason why she is depressed linked to anything at work?