How long can a sick warning last?

[EagleFlight]

Does anyone know if a final warning for long term sick (one instance of sickness) has a maximum length before it expires?

First off, I am so sorry for your loss.

If you can submit a copy of the death certificate, and add it to your file it should bolster any sick notes sufficiently.

I’m so sorry for your loss. You can dismiss someone for long term absences by giving warnings and moving to dismissal but this is brutal.

I am so sorry for your loss and how you have been treated.

I don’t know that here is a legal max that a warning could stay on file for - 12 months is normal. Your organisational policy should say what the duration is.

It sounds like you are better out of there, if they treat you like this. I hope you find a better employer as soon as you are able.

My team leader has a target on me.
I recently had my appraisal at work and she’s wrote up that I haven’t taken ownership of her jobs when she’s not around. I’ve done all the jobs around the place that needed doing or handed to me but how do I know to do a job that’s not one I would normally do. She continues to say I have done a good job taking ownership of one job but then slates me for not doing other things but hasn’t mentioned what I haven’t done. I’ve had issues in the past with her pulling me for things that weren’t even wrong or wasn’t my job or responsibility. What I would like advice on is how I make follow up reply to this? Do I lost every job I’ve done around the place dates and times (I log everything I do these days) and mention about jobs I’ve done that was the work she should have done and more than likely took credit for. I don’t want to go in guns blazing but I want to make it clear I’ve worked hard and haven’t shirked any job off.

Sorry I was trying to start a new thread and it came on wrong page I’m new to mumsnet so still finding my way around x

So sorry for your loss op.
Regarding the warning- if you have an official warning under the disciplinary procedure there should have been an official letter telling you how long the warning stays in file. Normally 6 months for first.
Also, they should have gone through the disciplinary proceedings in the first place to give it to you. I.e notice of a meeting. Option to bring a rep etc ... did they do all of this? Defo ring Acas. Sounds like they are breaking a few rules here ...

Sorry very for your loss.

Please phone acas. And if things are going really badly thereafter contact an employment solicitor some give 30 mins free. I've had to do this but not for the reasons you have given. My employment solicitor turned things right around just by writing a letter to my firm.

I’m so sorry for the loss of your child Op.
You say HR are offshore- could it be that they have just received the sick notes with no explanation? Even so this is very harsh.

@Bluntness100

It’s under unfair dismissal, you can’t discipline someone due to illness or injury. Of course you can move to capability termination. But that’s different

So that’s why I am asking did the employee follow all procedures and provide all medical evidence from the doctors /hospital on their illness?

You can call it what you want, capability or disciplinary, but they are exactly the same thing and lead ultimately to dismissal.

It may be harsh, but if this is what the policy says, and it is applied to all circumstances, it is lawful. To count as a disability, the condition must be long lasting (usually have lasted 12+ months) and have a serious impact on day to day life. It can count if there is medical opinion that it is expected to last more than 12 months, but that may be a hard one to prove in these circumstances.

Yes, it's a horrible situation to be in for the OP. Nobody would wish it on another person. But the employers position is that someone hasn't been off sick once. They have been off for four months and there's no sign of them returning. The reason for that must be irrelevant - to have didn't rules for different people invalidates their policy and leaves them wide open. So being "genuine" sickness doesn't matter, and it's not about sympathy or not. They must be able to show that they have a policy that is fair in law, that they have applied it, and that they consistently apply it to everyone. They would probably be expected to show that they had tried to get someone to return to work, and had obtained medical evidence that this was not likely; but at this stage, after four months, moving towards dismissal on capability / attendance grounds would not be beyond the realms of the law.

@EagleFlight, I am so very sorry for your loss

I do wish people who don’t know what they’re talking about would refrain from commenting on threads on specialist boards. You’ve had a lot of misinformation on here Eagle.

How long ago were the warnings, have you had a first, second and final, are you back at work and if so how long for, and how long have you worked for them?