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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

First warning, what to do

26 replies

Workingwoe · 06/04/2022 13:27

Not really aibu but need advice/rant. I've never been in this situation before so not sure on appropriate course of action. have nc.

Worked for company for aprox 10 years. On the whole I love my job. I work in a department with1 other person, my manager. The role of the dept is very mis understood, we get asked to do alot of things that aren't necessarily our responsibility.
A while ago i was asked to cover a role in another dept along side my role as the only person in that dept was off sick. It started as a simple task which i could do along side another task i did, which escalated in to something much bigger and i ended up fixing a lot of mistakes. I put a lot of work into doing this along side my main role. I didn't realise at the time this other role is on a pay scale higher than mine.

I had to go on medical leave for a short period of time, the company was aware of this and had been for a long time. Once i returned to work i carried on both roles - the second role still needs some work but since fixing the mistakes the work load has been reduced again.
I then had a set back in my recovery and had to take a week off. Then caught covid (whilst off) so had to take another 6 days on top 9 working days in total - the set back was a fluke thing thay was nit caused by anything i did or didn't do but did happen at work. I've gone back to work and my manager has quit. I'm now in my dept on my own and still covering the other dept.

Hr then call me in for a meeting and have put me in a stage 1 warning for time off.
The meeting was presented as a discussion about going on to stage 1 if i had more time off, but when i got there i was blind sided and they've put me on the stage 1. Is this right? I'm so irritated by this and have told them i am going to appeal the decision, I'm also contemplating writing to them to say i will no longer be covering the role in the second dept (i am not contracted to this role or have anything written to say i work in this dept) but I'm worried im cutting my own nose off.

Wwyd?

OP posts:
Original poster
Workingwoe · 06/04/2022 13:35

I need to add that whilst off i was contacted several timed about work issues, for both departments.

OP posts:
BewareTheBeardedDragon · 06/04/2022 13:39

That doesn't sound right at all - you can't help having medical issues that kept you off and 9 days is not very long. But did you need a sick note and have not provided one? I'm not knowledgeable but I know that in my last place I would've needed a sick note to prove sickness longer than 5 days was legit. Sorry - it sounds shit for you.

Original poster
Workingwoe · 06/04/2022 13:44

I had a sick note for the 1st instance (40 working days, for major operation and recovery). The "relapse" was covered by self cert and then covid is covered separately and they wouldn't let me in work without a negative test. They have said they're not counting covid in my absence. So they using the 1st instance of 40 days all covered by sick nite and the 5 days i took when i relapsed.
I get the policy but it just doesn't sit right with me.

OP posts:
Brefugee · 06/04/2022 13:44

Are you in a union? (if not, join one)

The first thing is read your contract and work out what your role is. Then do that, make it clear that now your manager has gone and you are alone in your role, you can't handle side gigs.

The absence thing is probably triggered by one of those sickness scale things. If you are sure you won't have any more sickness i'd ignore. If you need to have adjustments made as a result of your sickness i think your company need to do that.

Yellowcakestand · 06/04/2022 13:48

I work for the NHS and in my Trust ( dont know if all are the same) Covid illness cannot be taken into our sickness account. So see what your Sickness policy states around this.
Also what is the guidance on sickness? Ours is that attendance has to be 94% but less if there is a medical condition or disability that has been discussed and agreed with the manager case by case.
You need to look at your company sickness policy and contact HR for advice.
The manager should have worked with HR around this. You would have needed to self certificate for the first week and GP note for longer than this (not Covid)

Yellowcakestand · 06/04/2022 13:50

Ah I just saw your update. PP is correct. Its something that they have to do. You didn't mention the 40 days in the OP but that is why. You will come off of the Stage after a certain length in time if there is no more sickness. Your letter should state this x

autienotnaughty · 06/04/2022 13:55

Yes that sounds normal. It's shocking isn't it? I work two days a week for the council I've had three days illness in the 18m I've worked there. Two separate occasions in a 6m period and I got a stage 1. I don't know what they think you should do, you can't go into work yet you are being penalised for not going into work.

Original poster
Workingwoe · 06/04/2022 14:02

Thank you for your responses. Our policy is 3 instances of absence or over 10 days. This would usually trigger a talk about going on to stage 1 if you have more time off within 3-6 months. Then on to stage 1 if you have more time off in that time frame.
Certain things are discretionary and are usually discounted, such as planned long term absence - ie when you have a major op.
I was led to believe that my first absence would not be counted. And i was also lead to believe the meeting was about discussing going on to stage 1 in the future. My "manager" even came to me after the meeting and said had no idea they were actually putting me on a stage 1.

OP posts:
Original poster
Workingwoe · 06/04/2022 14:07

They can count covid absence after 1 april (they have just updated their policy) she told me i "was lucky" mine wasn't being counted

OP posts:
SoManyTshirts · 06/04/2022 14:07

If the first step in your sickness procedure is supposed to be an ‘informal conversation’, ask why that has been missed.

If it was a formal meeting you should have been told in advance and allowed to bring a rep or a colleague.

EvenMoreFuriousVexation · 06/04/2022 14:24

To answer your thread title, you don't need to do anything. There is absolutely no point appealing, as your absence levels are over the company's trigger point. You'll just look like you're throwing your toys out the pram.

Regarding the extra responsibilities, I'd have a separate conversation and just say that since you're now taking on extra workload in your own dept, you can no longer cover this and they need to find cover elsewhere.

RedHelenB · 06/04/2022 14:29

I wouldn’t worry. They're hardly going to fire you if they need you to do your job plus someone else's. It's stupid you're warned for sick leave at all.

ThinWomansBrain · 06/04/2022 14:31

the org I worked for in lockdown didn't take any action/issue warnings etc, but I had a couple of weeks off with covid, went back and realised that I was definitely not fit enough to be working - on the Bradford scale thing they used it looked horrendous, tons worse than people that had taken a couple of months off without attempting to come back when they thought they might be up to it.

OatmilkandCookies · 06/04/2022 14:40

If you're going into a meeting where the outcome can be a warning, in most workplaces you need to be given 7 days notice and advised you can bring someone with you.
If this hasn't happened, you are well within your rights to appeal this decision and have a very good chance of being overturned.
I also feel your manager should take more responsibility here and instead of saying they didn't think you would get a level one, go and ask why you were placed on this and why the informal step was missed.
If you're in a union, I would go and speak to a rep.

BlackAmericanoNoSugar · 06/04/2022 14:55

You could definitely take the line that overwork contributed to your relapse and therefore you will only be doing one job from now on and not two.

CharlotteRose90 · 06/04/2022 15:00

You’ve had 3 periods of sickness so yes you’ve entered the first stage and got a warning. Your 40 days will be counted as the 1st . They couldn’t not count it whether it was medical or not. You can’t change it but if you’re ill your ill.

lanthanum · 06/04/2022 15:09

Does being on a stage 1 warning actually do anything? It's probably just triggered automatically by your two related periods of absence, and even if you were ill again, they would probably look at the reasons for absence and see that they're reasonable. The time for arguing is if they issue you with more than a warning.

The system is usually there so that if they have someone who is taking suspicious amounts of time off, they can say "you're on stage 1 so we need a doctor's note each time", or so that the employee can't say they haven't been warned if it gets to a level where the employer does decide to take action.

I don't think it makes sense to challenge it on the grounds of you going over and above - that's a completely separate issue. I presume you took the self-certificated time off because you were unwell, not because you were working hard. If you try to imply it was partly because of doing the extra work, that undermines your case.

By all means tackle the workload issue, but keep it separate from the absence.

Original poster
Workingwoe · 06/04/2022 15:32

Thank you all for your advice. The work place currently has alot of sickness and long term absence and i totally understand the policy and why its in place however it does seem to be a 1 rule for one kind of place.
I was led to believe that the 1st absence would not be included as it was planned and booked in advance, even though i was handing in sick notes it was "authorised" absence. This is the discretionary part.

I was hand given the letter for informal meeting to discuss goin in to s1 in the future. Missed meeting as it was the week i relapsed. went back to work and second letter was given to me with 1.5 days notice of the meeting. I was offered to take a rep but did not think it was necessary as i believed it to just be a discussion of further steps.still being led to believe they are not counting the first instance or covid, so really ive only had 1 instance of being off (the relapse) and i had 5 days, so technically under the threshold. However when i got to the meeting this was not the case. They have discounted covid because they have to. But counted my op and relapse. 2 others have been off for exactly same thing as me, they took 3x the initial recovery period off (so by rights over the company threshold) and were not put on an s1.

It was also the fact that my "manager" - she the one that deals with initiating hr meetings, claims she didn't know they were putting me on s1 and she understands if i want to appeal it doesn't sit right with me?

OP posts:
ivykaty44 · 06/04/2022 15:44

the stress of the extra work load is affecting your health and making you sick

SpiderinaWingMirror · 06/04/2022 15:49

Well it sounds like they are following the absence management policy and you are taking it to heart.
Everywhere I have worked this century, its a set procedure regardless. And rightly so.
If you want to have seperate chat about your role, book some time in.

Ilikewinter · 06/04/2022 16:04

So did you have a meeting booked to discuss that future absences would put you on stage 1, but then missed that meeting because you had relapsed and was off sick...then on return they invited you to a formal meeting?.
I wouldn't think it was correct they can just miss out the first step - id appeal the warning as you werent made aware of the future consequences of going off sick.
Regards doing 2 jobs - I'd stop that today

Original poster
Workingwoe · 06/04/2022 16:05

I wouldn't say ive taken it to heart as such, its annoyed me yes. However i dont like the fact i was Misled, intentionally or not. Said manager is extremely clued up on hr, she helps write the policy's! So her saying that first instance would fall under the discretion clause, i believed. Her then saying she didn't know, i don't believe. Plus the fact 2 others have had the same reason for absence and took more time than me, thus pushing them Over the threshold, and they were not put on an s1 shows its not being used as a blanket rule. (i know they were not put on a stage 1 as i have spoke with them, 1 of them pointed out they had had more time off than me an not been sanctioned)

OP posts:
Original poster
Workingwoe · 06/04/2022 16:10

Basically yes. Had letter for meeting one, did not attened due to being off. Came back and got identical letter for meeting 2.

OP posts:
Aprilx · 06/04/2022 16:18

I think you are making a mountain out of a molehill. You have had a lot of time off sick and it has triggered the first stage of the sickness policy.

Bodgerbarbara · 06/04/2022 16:41

The workload situation sounds awful, aside from the sickness question why are they not providing cover? Are you being paid more for this?