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Disciplinary for sickness absence - what to expect?

39 replies

RenegadeKeeblerElf · 20/12/2023 09:48

DH has been very unlucky with his health for the last few years and so has triggered his workplace's sickness threshold for a disciplinary. He is terrified that he is going to lose his job, and naturally I am worried as well. They've suggested that he could cut his hours if working full time is too much for him, or they could offer ill health retirement, but he really wants to continue working full time (mainly for financial reasons - after years of struggling we are finally comfortable and he doesn't want to go backwards). When he's well he is more than capable of this, but he does tend to get ill more often than average (he had covid 5 times for instance) and has also been unlucky with injuries (and is waiting for an operation to repair one of them).

Does anyone have experience of these kind of meetings and what might happen if he turns down those offers? For context, he has worked for them for over 30 years, they are a large company with an excellent reputation for looking after their staff, but he has had a previous final warning for sickness (several years ago so now expired).

OP posts:
Ginmonkeyagain · 20/12/2023 09:54

Difficult to say. Has he read up on his organisations sickness and absence policy. He should speak to his union or staff association he wants another view. Also he has the right to have a union rep or colague with him in the meeting to take a note if he feels that would be helpful.

He may be referred to occupational health if he is constantly sick. The fact they are talking about reduced hours suggests they are trying to find solutions but clearly think the current situation is unstainable.

Does he have an explanation as to why he is getting sick so much? If he is honest with himself can he manage a full time job any more?

banjocat · 20/12/2023 09:56

Are you sure it's a 'disciplinary' - is that how it's being worded from the employer?

Most decent workplaces have these early thresholds so that they can check in on your wellbeing as well as the needs of the workplace.

In my workplace, a first trigger would not be a 'disciplinary' or punitive - it's just a conversation about your wellbeing and whether any adjustments are needed.

Restrelief · 20/12/2023 09:57

It should be capability meeting rather then misconduct as they’ve accepted sickness in genuine. I know it may be just as worrying but the focus is different.

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Silverbirchtwo · 20/12/2023 10:00

They may want him to see a specific Doctor to discuss his problems and report back to them. That happened to someone I knew who was constantly off sick, they wanted an independent Doctor to assess him.

Heyhoherewegoagain · 20/12/2023 10:01

Does he have an underlying illness that counts as a disability? Or does he go off work “easily”?
How are these injuries happening-are they a result of an underlying issue?

Thinkitsrainingagain · 20/12/2023 10:02

If he cannot manage to work full time without frequent absence, he is not fulfilling his contract of employment. Depending on the policy and whether he has any live warnings, he is unlikely to be dismissed now but may be if his attendance fails to improve. The Company have offered reasonable adjustments to help your DH stay in work.

It might be worth exploring whether reduced hours for a period of time might be beneficial until he has his operation? I know the reduced money might be a problem but at least he will still have a job and can go back to full time when he's recovered.

It sounds like the Company want to keep your DH but they are a business at the end of the day and need staff they can rely on.

AgnesX · 20/12/2023 10:06

If it's got to a disciplinary then presumably he's already exhausted any other options available and has had conversations with his manager about how to manage his health.

If this is ongoing then perhaps part time is the way to go if he wants to stay in the workplace.... as opposed to struggling on full time.

Rosecoffeecup · 20/12/2023 10:08

Sounds like they want to help him.

What kind of injuries is he experiencing? If its a hobby, is he willing to jack it in? Or if work related, I assume the employer are taking necessary steps to prevent them happening?

itsgettingweird · 20/12/2023 10:20

Ok so there's 2 things here. (3 really)

  1. Be honest. If he's had a previous final for absence is this a new problem? Does he go off sick too easily? Does he need to work less?
  1. The covid absenses. Were they because he had to isolate? Because he was ill? Did he catch it at work. Were the injuries caused at work or by work? What caused them?
  1. And once you have the answer to 1 and 2 your DH needs to offer solutions. For example he no longer has to isolate for covid. Could he/ would he get the jab? What changes can be made to his life or work practices to miniseries risk of injury? Can he WFH home in his job to minimise ned to be off when sick or injured so he can still carry on or can he do hybrid? Can they provide a decent mask of covid is being caught at work?

Companies have to be so careful when giving disciplinarians for illness so you need to think why they have gone down this road and how you can work with them to prevent it becoming a dismissal due to ill health.

Rocknrollstar · 20/12/2023 10:23

Is he in a union? If so he is entitled to a rep at the meeting. In any case, I would ask if I could take a colleague in with me. Ask for everything to be written down. I was once threatened with this by a new line manager and I pointed out to her that until she became my line manager I had an exemplary record. She never mentioned it again. They are probably just wanting to explore how to help him.

RenegadeKeeblerElf · 20/12/2023 10:25

Thanks all. To answer a few quey, I'm not sure what the meeting is being called, I haven't seen the letter. He was offered the opportunity to have someone with him but the only person he would want to ask is off this week. His sickness is genuine (the most recent involved an admission to hospital and he has probably gone back sooner than he should have - he is on a phased return at the moment). The injuries are a recurring back issue (prolapsed disc which flares up from time to time, has been stable for a while though) and a knee injury which is what he is waiting for the operation for, although it has been a lot better recently so he may not need the op. This year I think he has been off twice with covid, once with pneumonia, and maybe some time off with his knee, I'm not sure. Part of the problem may be that he tends to go back too soon then relapses and goes off again which then counts as a different episode of sickness. He's been in touch with occupational health (he self referred) and they were surprised he was back at work already and have signed off on the phased return (he's working reduced hours on full pay) until he feels fully recovered.

OP posts:
RenegadeKeeblerElf · 20/12/2023 10:27

And to answer questions about the covid - he was unwell and definitely couldn't work. He works in a customer facing role so is exposed to people's germs all day, and he does seem to have a weak immune system as he gets ill a lot more then average.

OP posts:
RenegadeKeeblerElf · 20/12/2023 10:30

The original back injury happened at work but that was over 15 years ago, hasn't been an issue for a couple of years though. The knee is a mystery, we don't know when the injury actually happened but it's been diagnosed via MRI after a prolonged period of pain. No possibility of WFH.

OP posts:
Rosecoffeecup · 20/12/2023 10:36

Good that he's referred to OH. Have they suggested any other adjustments he could need? E.g. is there additional equipment he can use at work to help with his back and knee problems? Does he need to spend X amount of time sat down/stood up to help with the pain? I would use the meeting to push for all the OH support he can get - its what they are there for and it shows he wants to be at work. Ask for any and all assessments he can get from them.

RenegadeKeeblerElf · 20/12/2023 10:41

OH are great, whenever he has issues they do put adjustments in place, but the issue now is the number of absences, and probably the length of them too. He's been off 4 times this year but probably about 9-10 weeks in total (latest one was 5 weeks). His managers are also supportive but I'm worried if it will get to a point where their hands are tied.

OP posts:
TheOnlyLivingBoyInNewCross · 20/12/2023 10:46

9-10 weeks of absence since he’s been working for them? Or 9-10 weeks this year? If the latter, I’m not surprised they’re wanting to address this. It really doesn’t sound as if he’s up to a full time role at the moment.

shearwater2 · 20/12/2023 10:54

Sadly people can be dismissed for being ill.

If he is in a customer facing role he may have a lot of transferable skills and be able to do other customer service where he is not directly in contact with people.

RenegadeKeeblerElf · 20/12/2023 10:56

This year. Two episodes of COVID, each probably a week off, a few days with his knee, then 5 weeks with a chest infection which turned into pneumonia. I agree, I don't blame them for following their procedures, but it's still worrying as we need his salary.

OP posts:
Ginmonkeyagain · 20/12/2023 11:03

Ahh 9-10 weeks in one year is a lot. No wonder they want to have conversation.

I think the best policy is to go in willing to discuss solutions and adjustments.

LambriniBobinIsleworth · 20/12/2023 11:55

I have a similarly crappy immune system and just can't work full time. Even working part time I struggle. I have nothing but sympathy for your husband, it's terrible. I've had Covid seven times— twice this year alone—and am currently ill with a skin infection that any normal body would fight off, but which mine has turned to cellulitis. He should ask to be referred to immunology, they may be able to help at least somewhat. But I think accepting he can't do this job full time anymore is probably what he needs to do.

caringcarer · 20/12/2023 12:04

9-10 weeks in one year is loads. If you add on his holidays he can't have hardly been at work. It sounds as if his health is not up to full time work anymore.

TabbyM · 20/12/2023 12:43

Contact the union asap

margotrose · 20/12/2023 13:03

10 weeks over a year is a lot of time off. Maybe you both need to accept that he can't cope with full-time work at the moment.

Higgeldypiggeldy35 · 20/12/2023 13:20

I would really look at ways to build his immune system up. Has he had a lot of antibiotics over the years as that wipes out your gut microbiome which is strongly correlated with immune system. Look at ways to boost gut health through probiotocs, fermented food, lots of diverse fruit and veg. Get blood work done as if he has low vitamin d, b12, iron etc that will affect his immune system. Make sure his hand hygiene is up to scratch and consider wearing a mask at work to prevent exposure.

Higgeldypiggeldy35 · 20/12/2023 13:24

Also look at intermittant fasting for the health benefits. It boosts your immune system and gives your body more chance to heal through autophagy. Also make sure he is getting quality sleep as thats crucial for your immune system.