I have recently returned to work after having 3 weeks off work with tonsillitis. The medication i was given gave me an upset stomach causing dioraeh and as i work in the food industry was not allowed to return to work until it had cleared up on the advice of my own doctor and the company doctor. I was covered by a sicknote the whole time i was off ill, but on my return was suspended pending a disciplinary. It looks as though the company are going to dismiss me because of this, but i have followed every proceedure i had to. my wife gave birth to my son 4 weeks ago and we really dont need this trouble.
can anyone give me any advice i would appreciate it very much.
thanks
mike2511 Thurs 15/05/08 23:44
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This seems very harsh. Do you have a poor attendance record? Do you have a union? If so, are you a member? If not most unions will represent you if you join up even now. The only other thing I can think of is to consult a solicitor who is familiar with employment law. If your employer does dismiss you, you may have grounds for unfair dismissal, but it will depend on your history and the events leading up to dismissal.
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I agree with all that, but whether you're a union member or not, get one to represent you.
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If you are dismissed it is likely to be for capability reasons - namely your poor attendance prevents you from delivering your side of the contract. If this is an isolated period of absence, this is very likely to fail but usually in this situation the employee has had a series of absences for various reasons over a period of time - the company has decided that this one breaks the camel's back. It does not matter whether this absence was covered by sick note or not - if you are absent you are absent and not delivering to your contract.
The disciplinary hearing will look at all this this evidence and ask you for your side of events. The company will need to look at its policies and determine that the process it is following is fair.
If you are dismissed you will have the right of appeal and if the appeal is rejected there is always an option for you to consider claiming unfair dismissal - but the company (if it has an understanding employment law - and most large ones do) will have considered this as well.
There is not hard and fast rule that says 'you've had X periods of absence over Y months so that is unacceptable'.
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Try contacting ACAS, they will give you the help and advice you need. www.acas.org.uk
Good luck.
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Yes they can potentially dismiss you as buildersmate says in his comprehensive answer. It will depend on your attendance record. Dont start thinking about unfair dismissal just yet.
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Don't listen to buildersmate, he's a four-eyed ****.
Basically, it looks like you're getting sacked. Making up an illness just so you can stay at home with your wife and new sprog is a serious offence.
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Mamjet is merely taking it out on me because I criticised another of his gormless attempts at humour on a parallel post.
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Question Author
buildersmate
a) He is not a sprog, hes my son you moron
b) i was off wth the ****** and i work in in the food industry, shall i come cook for you
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I think it's Tetjam you should be aiming your last post at.......?
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Question Author
And by the way i dont have apoor attendance record my attendance is impeccable, ok
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Question Author
I apologise buildersmate, my fault, not reading things properly.Tetjam, ******.
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Tetjam is the reverse of Mamjet, who is famous for posting insults to wind people up.
The best way to deal with the idiot is to ignore him.
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They said that about Hitler.
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o dear
i really shouldn't be laughing at that answer.
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