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Hi all

 

Quick background to this problem:

 

I received a letter in May this year from the Director of my department related to my sickness absence which has been quite high due to a history of stress and depression.

 

In this letter he stated:

 

"You need to be aware if you have two periods of absence in the next six months (prior to the 23rd November 2012) you will trigger a Capability Hearing which may result in the termination of your contract"

 

I'm currently on sick, and have been for 2 weeks - what started initially as Gastroenteritis has overlapped into a respiratory infection for which I have been prescribed an inhaler and given a week off (but with the option to go back sooner).

 

I have spoken to my line manager to do to explain the situation and asked him whether I was still going to be okay as it was still technically 1 period of absence, he responded by telling me he isn't sure because it's 2 illnesses whether that would be 2 periods of absence?

 

But obviously a period is defined as "A length or portion of time" so surely, because I have been off constantly this past 2 weeks it's still 1 period of absence?

 

Any advice anybody can give would be awesome - thanks!

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Sounds like one period to me. In any case what is most important is that you can show what you are doing to stay healthy - do you have a robust plan with your doctor for better mental and physical health? If it gets to a hearing that would help a lot, as well as helping you avoid one.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I've already conquered the mental health side of things and shown a massive improvement in the past 6 months - no longer dependent on tablets - I'm very positive and upbeat and have been working extremely hard and firing on all cylinders.

 

This current illness is all to do with what my doc described as a viral infection - I just need to clarify what 1 period of absence is so I can be sure they can't drag me through another capability hearing!

 

Thanks for your response :)

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They will look at your entire medical history not just this one bit. That is why it is important to have a record of what you have done on all health fronts and when.

 

Very glad you are feeling better though!

 

Have a google of the Bradford index and make sure you have a full copy of the company sick policy.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I've read through the company sickness policy more times than I care to mention haha, it states exactly as was put in my letter "2 periods of absence in the following six month from an FNOC will lead to a capability hearing" - they don't define what 1 period of absence is in the policy though so they could technically say if they want each illness is a period of absence - it shouldn't be as a period is an amount of time so it's technically "the period of time you have been absent".

 

I suppose only time will tell what will happen!

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Fnoc?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Final notification of concern - basically it's a letter that says you need to improve your attendance, I received the FNOC after the capability hearing I had back in November last year after the bouts of depression and stress.

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I don't know if it matters but, the majority of my sickness has been stress/depression this one is the first time i've had Gastroenteritis/Respiratory Infection...

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No, iyt makes no difference unless anything is a disability (lasting more than 12 months, roughly)


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Ah right fair enough, well as I say this should still be 1 period of absence regardless of having 2 different illnesses right?

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Thatr is my interpretation but I am not your boss!!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Has there been a return to work between the 2 illnesses?

 

If there has = 2 periods

If there has not = 1 period


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi Ibruk

 

There has been no return to work, I went off 2 weeks ago today and have not been back since - this is the first time since receiving the letter too so like you say it should be 1 period of absence!

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It "should" be yes - i dont know how they could define it as 2 periods


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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No me neither, I should be fine - need to concentrate on shifting this infection now n then I hop back to it asap!

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good luck :)


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi

 

Just incase they do try the capability route keep in mind you may have to request copies of certain company policies to be sure they are actually following company policy and employment law.

 

You may nee to request the following:

(NOTE - Not what is in an employee/staff handbook as this may be a shortened version)

 

1. Disciplinary and Grievance Policy and procedure.

2. Sickness Policy and Procedure.

3. Health and Wellbeing Policy and Procedure.

4. Stress Management Policy and Procedure.

5. Capability Policy and Procedure.

6. Equality Policy and Procedure.

(NOTE - when you get these as well as having a good read of them for anything you may use - Check each on for the date it was approved and the next review date of each as some companies let these lapse by sometime)

 

I wish you a speedy recovery and good luck


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Hi stu007

 

I've got all those policies from the last time they took me down the capability route...

 

I've spoken to a friend of mine who works for Unite the union as one of their trainers - he has told me that this current absence is definitely 1 period and would be hard to prove otherwise, he said by the logic of my line manager if 2 employees are involved in a car crash and 1 of them has a broken arm and the other a broken arm and a broken leg - the first 1 would be 1 period of absence, the second 1 would be 2 period of absences - you can see how that wouldn't work!

 

Thanks for your responses all!

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I have received clarification from our HR department, 1 period is as exactly as it says on the tin and in that case I should be fine although they did manage to sneak in the email a line along the lines of "it is a concern that you are unwell again and have had cause to be absent" - not sure what to make of it though :/

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