Disciplinary hearingto discuss poor attendance

[marksk44]

Hi Everyone.

 

I would like some legal advice about letter i recivd from my work.

I'm working from almost 9 years in waerhouse for big internation company. The rulase about offsick is that you can take up to 4 times in one year off sick and still get paid. Fifth time will be unpaid and process to verbal warning.

Couple months ago i find our that apparently my company change rules and now you still can get 4 times off in a year and get paid but verbal warning will be after second off.

To clear that warning you need to not taking off for more than one year becouse every warning stays for hole year in your records.

 

I'm not sure if thats clear so i will write my exaple.

 

I was off one day in may2013 (me my kid and wife had stomach flu)

then i was off 2 days in october2013(I had very stong cold which is easy to get when you work in cold warehouse) after this off i get verbal warning

Then i was off for 2 days in february 2014 and i get letter about hearing for written warning.

 

Can they change rules without telling me about that?How now i should defence my self? I did not signed anything about those changes. Now i'm scared that if in hole year me or my family will get sick i can lose job.

 

Can you help me with some advice?

thank you

[Emmzzi]

what does your union say about it?

[Sidewinder]

You can certainly challenge the fact that you were unaware of any rules, but did you also do this when you received a verbal warning, as it should have been apparent that there had been a change when you received that warning after two periods of absence?

 

You should also ask about precisely what the situation is should you have another absence. I am unclear as to whether the rules are regarding periods of absence, or days of absence? If you can have 2 periods of absence, then you will have to get though October before that drops off, but if it is days counted, then it does look as though you may have a very long year ahead.

 

Appreciate that everybody is different, but I am not sure that I would go off work just for a heavy cold. What was the February absence related to? Sometimes it is better to battle on and at least turn up for work - at least if you are sent home having made the effort then that changes the rules a fair bit!

[marksk44]

It's regarding periods of absence. Doesn't matter how many days you of you still get paid if it is no more that 4 times in year but after seconfd time will be verbal warning. And like everybody know any warning stays hole year. I was off in february becouse of high fever. My job is very early in very cold condition when you can get

sweat so it's easy to be sick and i really don't want to risk my health to be even more sick. especially when i have small kid.

 

When i get verbal warning i didn\t singed becouse my union says that they still speak about those rules

[marksk44]

Just strange for me that nobody give or explain me those new rules. How i should know how they work?

Also why company allow for 4 time off but punish you after the second.

[Sidewinder]

As previously stated these are questions for your hearing - even if you put them in writing as a grievance. Just make sure that you haven't missed a memo somewhere which might refer you to changes in the company handbook for example.

 

Have any colleagues been caught out by this? Were they also not aware - if so and they are willing to support you, then the employer may have to listen. Make sure that you consult with the Union - you are entitled to a Rep being present so make use of that - especially if they will also make the point that the rule changes are still under discussion and have not been collectively agreed.

[honeybee13]

Just strange for me that nobody give or explain me those new rules. How i should know how they work?

Also why company allow for 4 time off but punish you after the second.

 

Hello there. I see some of the forum regulars are hovering so I won't say much. But do you have a contract of employment or an employee booklet that tells you what the rules are please?

 

HB

[marksk44]

Hello there. I see some of the forum regulars are hovering so I won't say much. But do you have a contract of employment or an employee booklet that tells you what the rules are please?

 

HB

I have contract from 2005. Then everybody get new contract in 2009 becouse they add extra hour for everybody. In cntract says nothing about those rules. those rules are from maybe 2 years and i never signed nothing about those new rules. i just signed paper saing to what number i should call if i will take day off and if

i will not call i can get warning. Ofcourse i called everytime i was off.

 

I didn't even get any paper about those new rules. I just find out couple of months ago from union when he said that are still talk about this(privet conversation with union guy) Also my teamleader inform me on my "return to work" interwiev. Ofcourse i refuse to sing.

[king12345]

You were sick 5days in 9 months?

I wish I had employees like you!

[marksk44]

Yes 5 days all togehter. I should take longer off's but when i felt better i try came back asap. I thing in my job when is very cold and you work so hard that you sweat is unavoidable.

[king12345]

When I used to work in retails they had a similar system where you would be on a Level 1 warning if you went sick on two occasions in 13 weeks and Level 2 if on 3 occasions in 26 weeks.

It didn't matter if it was a day sickness or a month.

However the manager had discretionary power to wave the warning and in most cases of a few days sick rather than weeks they would do so.

It's worth exploring your company policy on sickness and find out if your managers have the same power.

If so, you will have to convince them that being sick 5 days a year is not over the top at all.

Also, because your sickness is due to the cold warehouse, they should help you take steps to avoid getting sick again.

I'm sure there are clothing designed to absorb the sweat and keep warm, and they could even provide them as part of your ppe.

Worth a little research and mentioning it to them.