Threatened by manager- what to do?

[89Ellie]

I had a meeting about my sickness with my manager today...she has previously said that there are no issues as I have a recognised health problem but now she is saying that I need to go to a company-appointed doctor for a second opinion, which isn't an issue for me as I have nothing to hide.

Although I have said that I will go, management have dragged their feet getting it arranged and I have been ill again before I could attend the appointment (date still to be arranged) and they have now given me a formal warning despite my health problems and without waiting for the second opinion which they are insisting on. I asked why I was being singled out and she said that I could make a complaint if I wanted but insinuated that she would make things very difficult for me should that happen. I have no doubt that she was saying that as a threat.

I don't want to cause trouble but I don't know what to do next....there is no point making a complaint as our company has a history of ignoring/not dealing with complaints (one manager has 6 serious complaints under his belt and no disciplinary action has been taken- he brags about it all the time!) and HR have confirmed that once the second opinion has been received, the formal warning may well be removed but I don't know if this is enough as nothing has been confirmed in writing....has anyone else been in this situation and, if so, what have you done?

Are you in a union?

I'm in the union but the rep that's normally in the building is away for the week...I am trying to get in contact with the area rep but now have to wait until tomorrow at the earliest and can't help but worry...think tonight is going to be a sleepless one!

and HR have confirmed that once the second opinion has been received, the formal warning may well be removed but I don't know if this is enough as nothing has been confirmed in writing.

What second opinion are they waiting for and from whom and was you invited to an investigatory meeting? Who and how did you receive your final warning?

I need to go to another doctor nominated by the company- this is the "second opinion" that they want

The warning was sent to my home address by my manager...she didn't even have the decency to tell me in my return to work meeting- my flatmate opened my mail by accident and rang me to tell me, otherwise I wouldn't have known about it until I got home....thought it was a mistake until I spoke to her which is when she threatened me

Wow! We have 3 meetings with an employee and the last meeting is an outcome meeting telling them what the, er, outcome is.

Does your company operate some sort of sickness scale that automatically sets the bar for warnings etc.

We always meet along the way with our staff team and yes it does take time to gather evidence and wait for reports but I hope they think its fair.

Do you have time to appeal?

I'm not really sure what the procedure is for sickness..I have always been treated differently from other staff due to my health issues so don't know about the normal sickness scales.

The manager was bought in last month from a different department so I can't help but feel that she's making an example of me to "make her mark" but I don't see why she's choosing me or how it's acceptable to HR for her to do it? And the fact that the letter was delivered to my home address today means she must have sent it while I was still ill and before she had even discussed the absence with me so, no matter what I said, she was going to give me a warning.

The letter states that I have five working days to submit an appeal but she said I have to wait for the second opinion to appeal...I have already been waiting three weeks and have no idea how much longer it will take...think I'm going to have to speak to HR again as the manager doesn't seem interested in helping me at all

Just a formal warning without any investigatory meeting or disciplinary hearing just jumping several steps that are required in employment law.
Do you have an HR department? This strikes me as though your manager has gone 'off piste' without their advice.

Ellie I would ask for a copy of their sickness policy, and read it very carefully.

My work uses the Bradford factor, and warnings are issued if a trigger point is reached (although they do set up a panel chaired by HR to consider any mitigation or information you wish to provide before deciding to issue a warning).

I would most definitely appeal within the five days. State in the appeal that they haven't arranged for the 2nd opinion appointment within a reasonable time frame and that they issued the warning without waiting for the opinion. If they haven't adhered to their own policy, I would also point this out in your appeal, and finally if it is likely that you are covered by DDA, you could also raise that.

The thing is though, whilst employers need to make reasonable adjustments for DDA, it doesn't mean that they have to shoulder the burden of unsustainable sick absences forever.