Disciplinary

[Ollymooman]

Hi all I am new to this but wondered if anyone can help. I work for a company that has Bradford Point system. I have had 3 instances of sickness in the last 12 months with took me to verbal warning stage. Since then my car broke down one day and i was 3hrs late getting to work having to wait for RAC, another day i ran out of petrol (I know but money was tight that week) and I was 15mins late but agreed with supervisor to work the 15 mins over to make the time up. Then my young son was ill and I had to have the day off to care for him.

 

Now I have received 3 disciplinary meeting letters all on the same day for the 3 disciplinaries to take place on the same day..

 

I am thinking they want this to be written warning, final warning and dismissal - can this happen?

Thanks in advance for your help.

[citizenB]

I have moved your thread to the Employment forums, where your thread will be seen by those who will be able to help in this situation.

 

You do not have to do anything, it is purely an administrative move and you will still be able to find and post on your thread

[Emmzzi]

your 2 instances of car trouble are not illnesses so cant be totted up for Bradford factor *but* it is your repsonsibility to get to work, so may be late warnings. Any other general timekeeping issues on file already?

 

re: ill child, emergency dependent leave is generally to arrange care for the child, not to do the looking after yourself. So I;d say that was a third, non illness related, absence.

 

If you have a warnig under absence but nithing under egernal dsciplinary you may just get a warning as "first offences" if you like.

 

It would help if you could demonstrate what steps you have taken a) to turn up more reliably and b) to sort emergency childcare. Can you produce plans for those in time for the meeting? Then it will be clear that you are serious about improving.

[Ollymooman]

Hi thanks for your help everyone.

I have no other warnings etc for time keeping just the one verbal warning for previous illnesses.

My Car has now been fixed. Also, my child was rushed into hospital

 

They are saying that with Bradford Points I can be disciplined for timekeeping, illnesses or time off with dependants?

[Emmzzi]

I think it would be unusual for them both to be under the same policy. Please get a copy of both the absence and the disciplinary policies and tell us what they say?

 

Info on Bradford factor here

 

http://employmentlawclinic.com/attendance-and-performance/bradford-factor/

 

As you can see it is usually only for illness. I guess you could apply it otherwise but I haven't seen it used like that.

 

I would also add to your plan "I have an emergency taxi fund saved up at home now" and a better childcare plan than "it's been dealt with" - kids are always getting ill!

[Ollymooman]

Yep they use it for everything. Thanks for your help

[Ollymooman]

I must add that I am a Agency employee and I have just found my contract and looked at their employee handbook and it doesn't state anywhere that their absence policy includes Bradford Points (this is their clients system). So I have not signed to say I am aware that I am subject to bradford points, which none of us where at first. Nor does it state that we go by the clients absence policy or anything like that

[madari]

Hi,

Sorry for butting in late and apologies if my response appears to be negative.

 

The bottom line is you can be the best worker in the world but there is no excuse for `bad time keeping`....on that note if they wanted or were to dismiss you then you wouldnt have a leg to stand on...policy or no policy

 

Best of luck

[Emmzzi]

If you work for an agency, it's the agency has to discipline you, not the company you work for, as the agency is your employer.

 

so now I am confused.

[Ollymooman]

Yes it is the agency that are disciplining, but they are using their clients absence point system to do it?? Not their own policy.. Thanks Guys for you help I have spoken to ACAS and they cannot dismiss me for time off with dependant. (well they can if they want to but i can take it further).... They said I have asserted my legal right to reasonable time off with a dependant. And the other is petty and unreasonable if I have made the time up and it was agreed for me to do so. So as I have not had any warnings for timekeeping before i feel that a verbal warnng is the most for the fist=rst issue of lateness. But we will see... Thanks guys

[Emmzzi]

So you need a copy of the agency policies...

[becky2585]

Sorry OP but ACAS are incorrect. That right applies only to employees; you're a worker.

 

They are being incredibly heavy handed though, morally rather than legally, by counting that as an absence. Did they expect you to just leave your child at the hospital and go to work?!