sickness and disciplinary

[jules681]

After some help if anyone can.

 

My work colleague and friend hurt her shoulder in January and had 4 weeks off sick, she consulted her doctor, who signed her off for this period. On return to work she came back on reduced hours and light duties for several weeks. Eventually, she went back to her job on normal hours and duties. However, it quickly caused pain to her shoulder again, after seeing her doctor again, she was treated with a steriod injection, where she had to take a few days off work on the advise of her doctor. She returned to work, and several weeks later was back in the same situation with her shoulder, and had the same steriod injection and 3rd occassion of absence, as advised by doctor.

When she returned to work, she had the usual back to work interview, where she was informed that Occupational Health would be come involved.

She later in that week, received a phone call from OH, who assessed her problem with her shoulder over the phone and came back with a list of light duties for her to do until she saw the consultant at the hospital. ( she was referred in Jan, when the injury first happened).

However, these light duties were not followed and she was put on normal duties, and has since ended up off sick for 4 weeks, due to the pain in caused her.

Today, shes returned to work, shes been told that light duties will be followed, however, they are now taking her through the disciplinary process.

We work for a huge week known company and have a union, who she is going to contact when she gets home.

Just wondering if anyone has any thoughts on this, or any advise or support that I can pass on??

Many thanks for any help given.

[rebel11]

Hi jules

 

It sounds very genuine, also the company has been kept informed with the involvement of Occupational Health. The company probably know as much as your friend does about her health. I wouldn't be overly concerned, it might merely because they can and it's part of their procedures.

 

Have a read of the following:-

 

http://www.acas.org.uk/index.aspx?articleid=4197

[SabreSheep]

Most large companies should have a procedure for Prolonged illness or Linked Absence

 

The danger here is that she did not stick to the light duties. The rep would have to fight against the company accusing her of making her injuries worse by not following the return to work plan.

Ideally when asked to operate outside the agreed return to work plan she should of refused and called the union in as part of the grievance process.

The union will obviously have to investigate how this breach happened. My Counter argument would be that her line manager owed her a duty of care and therefore should not have asked her to deviate from the return to work plan.

[SabreSheep]

The disiplinary I suspect will more than likely focus on her not stickingt o light duties. Be ready to argue the counter point with the rep...

[Ell-enn]

Most large companies have an absence management policy where (for instance) 3 episodes of absence in a specific period (6 , 9 or 12 months), triggers an absence investigation process. It does not necessarily mean the employee will have a disciplinary warning, it usually just means that they have to follow the procedure with every employee in order to be fair. More than likely once it is evident that the periods of sickness are linked due to recurring injury I think it unlikely they will take it further.

[SabreSheep]

The above is certanly also true, but normally there is an investigatory meeting before the disciplinary.

 

IT would help to know the ocmpany as we have peopel here that know how their procedures run. I for one know how the procedures run for One of the biggest retail chains

[Ell-enn]

There is no requirement for an investigatory meeting - a return to work interview (provided there's a completed form or notes), will suffice.

[SabreSheep]

Depends on the comnpany.

 

If it is attendance related they must follow thier procedure (Esp if they recognize the trade union there and have a partnership agreement)

 

My old company process was Welcome back > If trigger point reached > Attendance Review Investigatory Meeting > If needed Disciplinary

 

Any breach form that procedure led to successful appeals and in a few of my cases reinstatement after dismissal.

[Ell-enn]

I'm not disagreeing with you SS, if the company says in their procedure that they will have an investigatory meeting before deciding to proceed with disciplinary then of course they must adhere to what their policy states. I was only saying that there is no requirement for an investigatory meeting to be included in a procedure.

[honeybee13]

Hi SabreSheep.

 

Unlike the parking forum for instance, we don't normally name the company on the employment forum in case it identifies the employee.

 

HB

[SabreSheep]

Doh ok HoneyBee, Wasnt aware of that

[honeybee13]

Not a problem. Different forums have different styles.

 

HB