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How long can a sick warning last?

34 replies

EagleFlight · 09/01/2021 21:59

Does anyone know if a final warning for long term sick (one instance of sickness) has a maximum length before it expires?

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MichelleScarn · 09/01/2021 22:00

How long is the episode of sick? I didn't know you could get a warning for one episode?

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Bluntness100 · 09/01/2021 22:02

I dont think it does expire?you or whomever it is needs to speak to the employer.

Sounds odd to be given a final warning for being sick. As well as highly illegal. I’m guessing there is more to this.?

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EagleFlight · 09/01/2021 22:02

Four months. First warning after 28 days, second warning after two months. All one episode (following a bereavement) and also only time off sick in several years.

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MichelleScarn · 09/01/2021 22:03

Sorry don't mean i don't believe this, but a warning for one episode of sickness?

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Seafog · 09/01/2021 22:03

You got a final warning for being out sick once? That's terrible!

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EagleFlight · 09/01/2021 22:03

@Bluntness100

I dont think it does expire?you or whomever it is needs to speak to the employer.

Sounds odd to be given a final warning for being sick. As well as highly illegal. I’m guessing there is more to this.?

In what way illegal? It’s part of the sickness policy.
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Nanasueathome · 09/01/2021 22:04

You should have received a letter outlining the disciplinary measure.
Check the letter as the time duration should be stated in there

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Bluntness100 · 09/01/2021 22:04

How can it be part of the sickness policy to give someone a warning foe being ill.

Unless it wasn’t certified by a doctor?

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EagleFlight · 09/01/2021 22:05

@Nanasueathome

You should have received a letter outlining the disciplinary measure.
Check the letter as the time duration should be stated in there

I’ve checked it several times to make sure it’s not tucked away at the start at all. Definitely not on there.
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Nanasueathome · 09/01/2021 22:06

Also, do you have an employee handbook
There is usually a section in there regarding length of time for sanction to remain in force

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EagleFlight · 09/01/2021 22:07

@Bluntness100

How can it be part of the sickness policy to give someone a warning foe being ill.

Unless it wasn’t certified by a doctor?

All signed off my GP. My child died. I wasn’t well enough to go to work.

I’m sure it’s not a coincidence that the company is looking to do restructures with offices and that will involve redundancies.
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Bluntness100 · 09/01/2021 22:07

It’s under unfair dismissal, you can’t discipline someone due to illness or injury. Of course you can move to capability termination. But that’s different

So that’s why I am asking did the employee follow all procedures and provide all medical evidence from the doctors /hospital on their illness?

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EagleFlight · 09/01/2021 22:07

@Nanasueathome

Also, do you have an employee handbook
There is usually a section in there regarding length of time for sanction to remain in force

There is for short term sickness but nothing for long term.

HR is based off shore so takes a few weeks to respond.
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Bluntness100 · 09/01/2021 22:07

God I’m so sorry op. I cross posted there. 💐

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EagleFlight · 09/01/2021 22:08

@Bluntness100

It’s under unfair dismissal, you can’t discipline someone due to illness or injury. Of course you can move to capability termination. But that’s different

So that’s why I am asking did the employee follow all procedures and provide all medical evidence from the doctors /hospital on their illness?

All I had was monthly notes from my GP. They started from the first week and I wasn’t asked for anything else.
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Whatelsecouldibecalled · 09/01/2021 22:10

God I’m so sorry @EagleFlight this is awful
Would ACAS or someone similar be able to help. Seems extremely harsh given the grounds and one continual absence

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WitchDancer · 09/01/2021 22:11

We monitor sickness using the Bradford factor method, and each period of absence is taken into account for 12 months. We wouldn't include a bereavement or related sick leave in the score though.

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K1ran · 09/01/2021 22:11

That's drastic to go straight to a final warning. Definitely would seek advice from your union,if not them then ACAS.
Usually a warning can stay on record between 12 and 18 months. Longer if your employer wants but that's extreme instances.

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EagleFlight · 09/01/2021 22:12

@WitchDancer

We monitor sickness using the Bradford factor method, and each period of absence is taken into account for 12 months. We wouldn't include a bereavement or related sick leave in the score though.

The first sick note said depression caused by bereavement but I think the others said depression only. Maybe that’s why.
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EagleFlight · 09/01/2021 22:13

I’ll give ACAS a call during the week then. Thanks.

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itsgettingweird · 09/01/2021 22:15

Woah.

I have no idea about what your asking but I'm so so sorry you've had your child pass away and then be given a disciplinary for being off sick.

Hope it all works out Thanks

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Myusername2015 · 09/01/2021 22:16

Omg I am so so sorry to hear your news. I’m actually flabbergasted that your employer is treating you this way at such an awful time in your life. Either way if this was me I wouldn’t want to continue to work for such a clearly heartless employer. I couldn’t imagine a worse life event than losing a child; sending you 🌹💐 and jt deepest condolences

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MichelleScarn · 09/01/2021 22:20

I am so sorry to hear about your child, I am incensed to see your work have done this to you when they know what you have been through.

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Crumpetsandhoney · 09/01/2021 22:32

Depression is covered by disability discrimination act i believe. I would contact mind and citizens advice for advice. Your employers sound shit. I'm sorry for your loss.

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MumUndone · 09/01/2021 22:34

It's not illegal to discipline for sickness absence. It can be if to do so would be discriminatory (e.g. the absence relates to a disability) but otherwise it's perfectly normal. What isn't normal is to discipline someone who has been off with depression due to a bereavement. I sounds like someone is blindly following a process without thinking about relevant factors.

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