Sickness Disciplinary

[Bing1234]

I have been employed with a company since November 2017, in October 2018 I was offered a new role with the same company so was given a new contract. I have now been given a letter to say that I am facing disciplinary action for my sickness over the past 12 months. I have not been on my new contract for 12 months yet so was wondering if they are allowed to include the time off from my previous contract?

Within the first 2 years they can dismiss you for any reason as long as it’s nit unlawful discrimination. How much sickness absence have you had andwhy?

It’s the same company so yes, how much time have you had off sick and is there a long term reason?

I have had 5 different absences varying in length, none longer than 4 days. All for different reasons, i.e flu, vomiting, anxiety.

Then you have the right to appeal, but chances are they don’t think you are good at your job or wouldn’t want to dismiss you, will be a hard fight

wow, that's harsh, I believe they're just following their absence policy, not reviewing my ability to do my job. Thanks for the advice!

It’s not harsh, no employer would dismiss someone who makes their life better, only truthful

Frankly you no longer working for them is their goal, so they don’t see you as an asset

It is a first stage disciplinary, not last. I will no longer be working for them in 1 week anyway so I do not need your opinion on their "goal". I just wanted advice on whether or not I could appeal!

If it is a first stage hearing why are you even thinking of appealing? Surely you should just be stating about your health and willingness to return to work?

I was asking the question as I was unsure where I stood being between two contracts over the last 12 months as stated in my original post.

But you were sick or not, why would a months separation of this make a difference?

The op didn't mention appealing. Ignore that poster, op, they don't seem to know what they're talking about.

Yes, they can include all your sickness absence, even if you are working different roles for the same company.

You are likely to get a first written warning, unless you are in a probationary period. It seems unlikely given your overall length of service.

Do you have union representation?

How many days is it exactly. 20 (5*4) is an above average level of sickness so I can see why they want to use their policy to manage it and ensure that it comes down. Is there an underlying issue?

I do not have union representation.
I just have a weak immune system on top of depression and anxiety. The job can be rather stressful so it just gets on top of me and I end up run down every now and then!
I'm not sure on the number of days, they have just put 5 seperate dates on the letter that I have received.

It's probably around 12 days

If you look up Bradford factor calculator you can work out why they are doing what they are doing. See what your ‘score is’. Depending on your ‘score’ various things will kick in if your employer uses the calculator - they may use it officially or as a guide.
Think everyone should be aware of it - it throws up really odd results particularly for repeated short absences which women are statistically more likely to experience with menstrual related absence etc.
Good luck op.
Yes they can look at total period. The new contract half way through their 12 month Bradford scrutiny doesn’t start the clock again. You have been an employee of theirs throughout the period.

I should add that certain sick absences although they count initially in the score should be disregarded by managers - work related stress, absence following close family bereavement and ongoing treatment (eg chemotherapy) you may have an argument that would/should bring your score down.
I do recommend you get union rep if you have a union. If not then for sure have someone with you at any meeting to take a note if nothing else. You can get initial advice through your cab.
Good luck op this wont be helping your anxiety but remember it’s a very blunt tool which managers use and has almost certainly simply been triggered in your case.

Several short absences incur more points on the Bradford scale than 1 longer absence because it places a bigger loading onto the seemingly trivial days off here and there compared with, say, a full blown bout of flu or serious infection that is deemed more serious.

Hence that's why they're taking issue with your 4 separate absences. OP. If you had to self certify it is more difficult to validate than if you had a fit note for 1 long absence.

You'll just have to go through the process and keep a calm head. It's phase 1. Recognise they just want to give a message that any more absences are likely to have serious consequences on your employment there.

Hopefully they will take on board your explanations in a balanced way. Take along any emails you sent at the time if you communicated your absences in writing, to show you adhered to the absence process.

To compare I started a new job. First year the employer provided no sick pay. I took one day holiday for emergency dental appointment. Second year I have had one day off sick, which I have received sick pay. So in 2 years I've officially had 1 day sick.
It sounds like your employer is following their sickness procedures, which should be available on their T&C's of the company. I have been ill with flu & other things, but I have struggled into work, rather than take more time off.

Thank you