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Disciplinary for absence at work


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Hi, I am currently being taken to a disciplinary at work for absences at work. I have had time off last year to look after my wife when she was having a bad pregnancy following us miscarrying previously in the past, this is why we had been in and out of hospital prior to our daughters birth. once our daughter was being born i had to use my holidays for paternity leave as i was not entitled to paternity leave with pay at the time.

 

After the birth my wife came down with very bad postnatal depression which she has been under her GP for and on medication to aid in her dealing with it. work have had me in back to work meetings when i have returned from time off and said they need an improvement; which they have stated to me that there has been an improvement.

 

Now they are taking me to a disciplinary stating 40 days off last year in which they have included holidays from my allowance that they have accepted from my statuary allowance, time off to look after my daughter when my wife has been ill and time they have sent me home when i have gone into work.

 

Within the staff hand book that has never been given to me whilst i have been there, it states "Any absence for parental, paternity, adoption, maternity or dependant leave will not be taken into account when reviewing absences" if this is followed by the company like it states it makes my actual time off they take into account as 14 days for the year not 40, which is the whole reason they are trying to discipline me even though it clearly states they should not.

 

Within the documents they have given me from notes of return to work meetings they have changed items and missed their own comments out to make it look better for them on their part and items have been added after i have signed paper work and no paper work had been given to me until over a week later.

 

what do i need to do to aid myself?

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Hi sg

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

Spaces have been added to your post.

 

Have you raised a grievance informally regarding your treatment?

Are you a member of a Union?

Did you inform them before all your absences?

 

Here's some info:- https://www.gov.uk/time-off-for-dependants

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Not 100% sure but your wife due to the depression might come under the equality act and therefore you now have certain rights carried over to you on account of looking after her.

 

Sounds like you have a good defence for the discipline hearing, had you not brought this up in the meeting.

 

Employment disciplinary process have gone mad, common sense doesn't seem to have a part in it anymore

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I have not had chance to raise a grievance yet as it has been dealt with so short notice and i have been off with anxiety due to it this week. No one where i work is part of a union so i do not have that on my side and i informed the company each time at the start of the days i was off stating why i was off

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Hi sg

 

Have you seen your Doctor for stress?

 

You could ring ACAS for advise on the unfair treatment you are receiving.

 

http://www.acas.org.uk/index.aspx?articleid=3235

 

I have not had chance to raise a grievance yet as it has been dealt with so short notice and i have been off with anxiety due to it this week. No one where i work is part of a union so i do not have that on my side and i informed the company each time at the start of the days i was off stating why i was off
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yes im signed off due to it and ive contacted acas and citizens advice for information, was hoping for more info as i have been told no new information from what i already knew.

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How many days for each kind of absence please? Holiday, paternity, ill wife, ill child, ill self.

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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Sorry for late reply, there are 12 which were holidays from my annual leave, 10days doctors note for stress, 6.5 to look after my wife and baby, 5.75 where work sent me home to look after my wife when I went to work and 14.5days for sickness myself which totals to just under 40days they are stating.

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Ok. So even the non stress related sick leave of 14 days would be enough to trigger a review meeting and probably a warning.

 

Looking after a sick wife/ child is *not* paternity leave. Did you request and take formal paternity leave? Dependants leave is usually to arrange emergency care, not to do the caring yourself. You've had about twice what my current employer would call "reasonable" for that.

 

Personally I think you are on thin ice.

 

What steps are you taking

a) to look after yourself and your own health, so you do not get ill again and

b) to get support networks in place for your family, so someone other than you can step in when there is a problem?

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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how would it link into the Equality act on my part exactly? this could be the information that i am needing

 

Associative discrimination (S.13 EA 2010)

This protects non-disabled people from discrimination who nevertheless experience discrimination because of their association with a disabled person (Attridge -v- Coleman). This is a type of direct discrimination.

Macdonald -v- Flyde Motor Company Ltd (2011 EqLR 660)

The claimant was dismissed as he refused to work overtime after 5.30 pm because he had to look after his disabled sister.

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