Facing disciplinary for sickness absence

[OutbackQueen]

I’ve worked for my employer for 12 years (NHS in admin). In the last couple of years I’ve had a lot of time off due to a severe anxiety disorder. In the last 6 months I’ve had 4 separate absences, each lasting 1 day only. This has triggered something and I’ve been advised that I’ll face disciplinary action the next time I’m off sick.

I do my best and do a great job and am a highly respected member of staff and am very disappointed that this is on the cards. I’m not well at all but am trying hard to manage my disorder and am on medication and under psychiatry/psychology. Do you know what rights I have please?

If you have been on medication for more than a year, your anxiety is a disability and you are protected under the equality act. They will need to make adjustments to their sickness policy because of this and offer you support, and if your work is contributing to your anxiety they need to do a risk assessment then make adjustments so it’s not. I’m sorry that you are having to go through this when you are already suffering. I expect you try to only have sick days when you really have to and come back as before you are properly better because you don’t want to put extra strain on your colleagues but you need at least a week to recover, and this doesn’t trigger the policy as much either..

I’ve been on medication for many years @DreamingofNuneaton. Do you know how I go about getting my anxiety classed as a disability or don’t I need to? And yes, I’m only off when I literally can’t function and really hate being off.

Yea it's the occurrences that count. You are better off staying off sick for a longer period as that only counts as one occurrence. You have triggered the meeting due to the 4 separate absences.

Honestly I wouldn't worry about the meeting too much. They have to do it in line with the sickness policy. Explain it all to them and you will be ok xx

Join Unison today.

I'd also ask for an Occ Health assessment as having an adjustment to your Bradford Score to account for more frequent short absences is an easy and common reasonable adjustment to make.

You don't need to 'get your anxiety classed as a disability' - it just is because you have it, you are on meds and it affects you.

You should have been sent to Occ Health already as all your absences are for the same reason, they are on dodgy ground going for a disciplinary without this.

My NHS Trust tried this on me as I had so many short absences, Occ Health kicked it into touch.

It's more likely to be a Capability Meeting to see if they need to make reasonable adjustments, support you, ask what you're doing to support yourself, agree a monitoring process. Good luck.

@OutbackQueen, I believe you can declare yourself as disabled (I was able to).
Just be aware that although this means work have to make reasonable adjustments, it cuts both ways - if they can demonstrate that they can't, then your job could be in jeopardy.
As PP have suggested, if you join a union, while they might not be able to be actively involved, they may well be able to advise you.

Don't lose heart. I was off sick for nearly nine months. Various 'helpful' comments were made including 'hope to see you after X date' and even that I might want to 'consider medical retirement' if still off in the next six months. My union were great and made me aware of some different aspects of sickness absence that I'd never heard of, and gave me the courage to say how I wanted things to be. My employers were surprisingly quick to negotiate a return to work that we were all happy with. I strongly believe that this was because, while I didn't wave my union membership in their faces, I made them subtly aware that I'd had advice - through the use of particular terminology in my case.
Good luck.

@OutbackQueen

The "problem" is that you have had 4 absences [albeit of 1 day each]. That is [according to DS who works in NHS] treated as worse than one absence of - say - a month. The idea of the meetings is not to disciple you but to find ways to help. If you work in the NHS you most certainly do have unions [very good ones] if you work as a contractor there is nothing to stop you joining Unite say as an independent member. They will not - obviously - help with anything ongoing when you joined otherwise if you need advice try ACAS

@OutbackQueen

Disciple = discipline [I rather liked that]

This happened to me 8 years ago when I worked for the NHS. Four absences in 12 months triggered disciplinary action. I'd been off two weeks with bronchitis/pleurisy, two separate days off with migraine, then two weeks off after being hospitalised with sepsis. It was touch and go and took 7 different antibiotics to beat it.

Returned to work feeling very wobbly, to find a letter on my desk demanding I attend a disciplinary. Colleagues who'd taken months off with stress, but with 3 not 4 episodes, were left alone. It's a stupidly unfair, unreasonable system.

Thankfully I was in Unison due to a rife bullying culture in my department and a vile manager. The union rep wiped the floor with her, and the HR staff who were obviously taking her side cos she was management, as always happened.

Even so, I resigned as the multi antibiotics left me with bowel problems and I couldn't stand the stress of being very ill and further disciplinary action.

OP if you're not in the union already, find out if your rep is any good and join, it's worth every penny if you have a rep that won't stand for any nonsense!

You just need to quote the law at them and ask them for the adjustments you need. Do this in a letter. “My anxiety is a disability as defined by the equality act”
The mind link posted above is helpful.
www.gov.uk/definition-of-disability-under-equality-act-2010
your doctor will also sign you off for a week or more if you are struggling. This tend to focus employers minds too.
and yes, join a Union if it’s in any way possible.

Are you sure it isn't just a trigger point for an interview with your line manager regarding the absences? Did your line manager actually threaten disciplinary action or is it just 'could result in disciplinary action' as detailed in your employee ts&cs?
Regardless it's a discussion with your line manager to establish what is going on with you such that it's impacting your attendance. You can evidence the reason if necessary so don't worry about disciplinary action as it's medical. They may offer to refer you to occupational health. That could be a good idea if you think you may need some adjustments to your hours or workload in order to be able to continue to attend work consistently and not be unwell as frequently. Don't try to keep what's going on with you a secret from your line manager or it will look like you're taking the piss and may result in a warning. I think that's what they're talking about.
Any threats or actual disciplinary action should be noted and discussed with HR as appropriate.

I hope you get on top of your anxiety soon

I took 12 days off after having an operation (which I didn't inform my workplace of - thought it none of their business). I too faced disciplinary action. I had a meeting with my direct line manager & HR where we basically discussed the sick leave policy & I promised to be a good girl & not do it again. I'm to have a sick note from the Dr if I have a day off & I need to phone my line manager personally. OP, I wouldn't be too worried. I think its more a formality

It is not your employer who has a union, YOU as an individual need to join one! Join unison and they will have your back and support you through every stage x

The concept behind this isn't personal, it's any 4 absences is x months. They investigate and in your case you have good reason but I've had colleagues that mysteriously had lots of one day sicknesses the Fridays before bank holidays, the Tuesdays after bank holidays, Mondays in general ... you get my drift. Self certification leaves them open to abuse of it. 4 mental health days in 6 months should also trigger an assessment to see if they can help in some way

This is all so helpful, thank you. I didn’t know you could get adjustments to the Bradford score so will enquire about that. It really is hard having to cope with my disorder as well as worrying about letting people down at work but hopsfully I’ll get the support I need.