Please help

[Philippa91]

Going to be vague.....
My friend works for a large insurance type company in customer service and had time off unwell and entire period was certified by the GP 10 days total 8 of which in Hospital (Sepsis)
Since August has had 3.5 days off sick before this.

However they are not accepting dr sick note for entire period and are saying first 7 days are regardless classed as self certifying so therefore 10.5 days as self certifying off sick. Thus over threshold and disciplinary action taken. Policy states over 6 days self certifying is disciplinary but given that the Gp signed off entire period we don't think this can be included and seems so unfair. ACAS agree however less than two years service leaves her vulnerable. I think it's a disgrace HR saying this
Any advice please?

I don't know much about this but if acas agree can they provide some mediation to your friend? Sounds very strange. Is there anything else that she thinks is underlying this action they're taking?

I think there's a possibility it's to do with accumulated instances?
When did she start her job?
Where the 3.5 days all separate instances?

It is correct that an employer cannot demand a doctor’s certificate until the 8th day of sickness. Which is classed as self certification.

However as she did not self certify and has a medical note of sickness the employer is being pedantic.

unless the sickness was related to a disability, or there is discrimination on other grounds such as sex, then she cannot do much about it other than complain formally.

Is it actually disciplinary?

If you're unable to work you don't go to the office - or your desk if you're a homeworker. There's a process to provide evidence of ill health which, in the first instance, is to self certify.

Employers will have trigger points where absences cause concern but these should focus on identifying any problems including, if necessary, occupational health.

@Philippa91 has your friend had any other issues such as absences prior to the sepsis or around her performance?

Are you sure it's a disciplinary? Often for sickness breaching a threshold like this then it's just a formal sickness meeting, where the reasons for sickness are discussed and any mitigations can be agreed etc. There's no shame in having a formal sickness meeting, in theory they are supposed to be supportive!
If it is definitely a disciplinary then I'd just write back to HR explaining that there is a sick note covering the 8 day absence and so having consulted with ACAS this does not breach threshold. But if they insist I'd probably just go ahead with the meeting as they don't have a leg to stand on and it will just be heard by the hearing chair who will just say no case to answer