AIBU to fight my case against my employers!!!!

[mum2taylor]

I am due to have a 2nd disiplinary hearing with my employers tomorrow due to my attendance record. I have been with my employers for 8 months and have had ten days off sick, four of which were due to my daughter being ill. Now I know six days off sick in 8 months is not ideal but I dont think it warrants two disciplinary hearings. I had my first hearing after four days sick and was told it would be on my record for three months, but I had two days off sick in the three month period and that is why I have another hearing tomorrow. Are they in the right here???

i don't know the legality of this, but I do not think you are being unreasonable. It is ridiculous how many people are treated when they need time off because of illness. I think it causes a lot of undue stress.

thanks anniemac but they are classing my sick days AND the time I have had to take off to care for my daughter as "absence" in general. I have had a look on the internet and it would appear that they cannot discipline me for taking time off to care for my daughter as this is classed as time off for dependents and I am entitled to take this.....that is why I a bit peeved as I dont think they should be including the days off for my daughter in the hearing. I myself have only had six days off for illness of my own and that is why I feel they are being unfair.

Mum2Taylor - what sort of company did you used to work for? I used to work for a major bank who did this too and it really wasn't fair. They would also take bonus off staff who had been off sick, even when they provided a Dr's or hospital note. Do you have membership of a union available? Also check your home insurance as a lot of policies automatically include free legal advice. Failing that you should be allowed to take a colleague into the meeting with you to ensure the employers act fair

Yes, they have given me a sheet which they will refer to in my hearing, and which was referred to in my last hearing which contains all the days I have had off, including the 4 days I have had to care for my daughter when she was ill. The four days were over three periods and were unpaid so I dont think that these days should be discussed at the hearing at all as I am legally entitled to take unpaid leave to care for my daugher (I think).

It sounds unfair yes of course

Have you seen your GP about this?

Are you part of a union?

How many days a week do you work?

your sick days would be counted as absent since you were absent from your work place. it may be a way of sorting out the payroll - i'm guessing you may not get paid for sick/absence leave?

did you comply with the procedures for reporting absence?

for example where i work, we have to give at least an hours notice if we're not coming in and an expected rtw date. if we're off for more than a week, we have to maintain twice-weekly verbal contact with our manager. anything 1-7 days sick is self-cert, 8+ has to be a doctors note. if you go over a certain amount of time (i forget how long it is now) you will be sent for disciplinary hearings and/or a medical to ascertain your fitness for work. any absence or sick time has to have rtw interview which is file-noted (forever). Mind I do work in an industry where swinging the lead and taking the p*ss is almost the norm.

if you have a union rep, consult them.

Forgot to ask - how old is your daughter? If she is under six then employers have to be fair and reasonable when it comes to taking time off to care for her

Thanks notalone....I feel awkward about taking a colleague in with me as I dont like putting someone else in that position but was considering this due to the fact that I am prepared to argue my case this time and things might not be as civilised as the last hearing when I just took it on the chin and got on with things, which was perhaps a bit stupid of me but I didnt want to rock the boat too much.

how many days a week do you work?

My daughter is 3.5 years old. The time off for caring for her was classed as "domestic emergency" and was not paid. As I have worked here less than 1 year I dont get paid for any sick leave or time off for emergencies/dependents in any event. I also always call the office before the time required to let them know about my situations.

I can understand you feeling awkward. If this is the case perhaps you could mention before your meeting that you would like a colleague present and get them to appoint one. You would need to ensure the colleague is someone completely impartial though. How big is the company?

I'm not saying that you are taking the p*ss btw but you shouuld be entitled to take a colleague in or your union rep to help support you. they are going to look at the whole of your absences since they might be able to find a way to help you manage them better and you have only been there a short space of time. if you had been there 20 years it would be unreasonable to look at everything.

i forgot to add, at my place they look at the last 12-month rollig period of absence to see if there is a pattern (ie every monday off or something). i had to check the absence pattern of someone's wife the other day to see if there was a correlation between his sick days and her rest days (there wasn't). i have take the official notes at most of these meetings so i see a lot of these files crossing my desk .

PS. I work full time which is five days per week, 9-5.

hmm well that's just weird then

they sound mad

I would demand that they provide a mediator or union rep or something

they are being v unreasonable

Of the 6 days you had off sick for yourself were they continuous sick days or odd days here and there? I know employers look less favourably on being sick 6 times on 6 separate occasions than if you'd been off sick for 1 whole week say.
Also what days were they? Having Mondays or Fridays off sick never looks good. My work disciplined a girl for having 10 days off sick in a 6 month period and 8 of them were Fridays however other people have had more than 10 in that period but in larger blocks

Do you know what action they are looking to take? Poor you how stressful

if you had booked the time as domestic emergency then that should be discounted from the investigation/meeting although it might be worth clarifying with your employer the procedure for booking absent time/parentsal leave/sick leave - ask them for another copy of your rights/responsibilities at work. they can't really refuse you since you will be taking the initiave in helping sort it out. and do take a colleague in, a second pair of ears can be helpful. it's best if you can find someone yourself rather than have one appointed IMHO.

six days sick does seem a lot in 8 mo though - sorry.