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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To dispute file note from work?

7 replies

ifoundthebread · 23/03/2022 19:13

I have recently injured myself (not at work) which has resulted in back pain. Pain got to the point I had to leave work, rang in sick the next day, spoke to gp who advised to rest and use otc pain management so I then used some holidays to take time off. I returned to work and worked a full shift, this then aggravated the back pain, resulting in me taking the next shift off self cert after this time I went to urgent care (was the weekend) given short term pain relief and instructed to return to gp. I then got struck with a stomach bug and had to take a shift off (policy for sickness and diarrhea). Upon my return the total of days sickness has triggered my manager to do a "pre written warning stage meeting" this will go on my file (as he told me). Can I appeal this going on my file? As I feel if a return to work was done after my first absence and support put in place (different job role maybe?) I wouldn't have aggravated the injury and had to take the second time off? A return to work wasn't done after my second absence either. At the meeting I raised this and was dismissed as he was there to discuss the most recent absence. Since then I have again contacted my gp as otc painkillers arnt helping, he wants to see me but can't give an appointment until next week, offered a sick note but I'm scared to get into more trouble, so has gave a fit note. Can I appeal this warning on my file?

OP posts:
ChoiceMummy · 24/03/2022 08:29

The total of days sickness has triggered the warning.

It is good practice to do return to work interviews on first day back, but not statutory. And it could well be argued that if support/different duties were needed, you weren't fit for return at that time (a fit for work note could have specified this and then work decide if they could facilitate and if not put you in gardening leave). And that ultimately, if you needed support, you should have approached the manager.
Removing from the file is unlikely. But it should have a timescale for which it will remain present/live.

Nobodycarestakeitelsewhere · 24/03/2022 08:32

I wouldn't bother arguing the file note. If you felt you needed adjustments made you could have asked but you didn't. Tempting as it is to blame it on them, your fitness to work is your responsibility and you could have handled it better if you think there was something further that should have been done to prevent the second sickness absence.

LIZS · 24/03/2022 08:36

Did your gp give you a "fit note" specifying lighter duties? You could have initiated a discussion about your injury and requested adjustments otherwise you were still not fit to work. The number of absences and duration are often an automatic trigger for this process so little point arguing.

KrisAkabusi · 24/03/2022 08:47

You were off for back pain and stomach bugs. You followed your GPs advice. You took leave instead of sick days on one occasion. You haven't done anything wrong, but I don't see how your employer has either. From the timescales, they didn't get an opportunity to put support in place, or even identify that it was needed. It looks like you've been to work for one shift in the middle of the absences. You obviously thought you were ok to work then, how did they know different? There was no doctor's note of any sort at that stage. If you need support now, you need to tell them. But now that you've got a fut fo work cert, that will be difficult to argue.

Orchidsonthetable · 24/03/2022 08:52

Did you ask for a different role?

WeCouldBeSpearows · 24/03/2022 08:53

I don't think I would appeal it, but I would make sure that I knew exactly how long it would stay on my file for. For guidance, at my work a written warning stays on for 6 months, so I would expect it to be maybe three months. It certainly shouldn't be indefinite.

Krustykrabpizza · 24/03/2022 09:51

One bit of advice would be to not take the odd day off, push yourself to go back then go off again, it is occurrences of absence that trigger warnings, rather than single long blocks of absence for genuine illness. Get signed off by a GP and recover. Ask work for an occ health assessment and see if they can recommend a change of role or some adjustments. If you follow the correct steps on your side it should hopefully offer some protection if your employer won't follow the correct steps their side.

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