Sickness absence facing disciplinary with next sickness

[user20988988]

I returned to work today after two weeks off due to extreme tiredness caused by anaemia.
In the past two years I have had 9 months off for cancer treatment and one week off due to covid, and then the two weeks now for anaemia.
My manager has told me today that if I go off sick again it will lead to disciplinary because of my levels of sickness. Im so worried because I'm still not feeling great and won't be for another few months once the tablets start working so with the winter ahead there's a good chance that a cold will wipe me out and I won't be able to work.
Does anyone have any advice please?

Does your employer use the Bradford points system?

If so then it’s likely your absences have just triggered an automatic response.

Are you in the UK? Cancer is automatically counted as a disability and the rules around sick leave change. Are you in a Union?

I wouldn't be that worried about it, all your sick leave sounds completely legit and can be supported by your medical records.

Doesn’t matter if it’s legit or not. Sickness absence levels can be a valid reason for disciplinary procedures, especially if it means you can’t do your job. The absence for the cancer treatment should be treated differently though, under disability rules.

My advice is, if you're not in a union join one now. You won't get the same help, if any, if join after your employer begins disciplinary proceedings.

@Mumzoo5070

In what way do they change?

No I'm not in a Union

This is a good link that explains why your absence due to cancer won’t be included:

www.acas.org.uk/supporting-disabled-people/disability-related-absence

I think your manager used the wrong wording with you in this instance.

So much sickness should trigger a review with you for sure. That review should focus on how they can support you being in work more. The only 'discipline' would be if you're not following absence reporting or other procedures.

The cancer does become protected by disability legislation. That doesn't mean it's a free for all on sickness. It just means that sickness triggers can be altered as a reasonable adjustment.

Disciplinary for sickness would only come in if there was a reasonable suspicion that your sickness isn't genuine.

You need to find out which absences are counted. The covid, anemia and one further absence would trigger the Bradford score.
A disability doesn’t mean you face no action, but they should be more relaxed about enforcing it.

I would be really shocked if they included your cancer treatment as part of this.

Macmillan may be able to offer advice re cancer absence

It means you have additional protections under the Disibility Discrimination act. They should make reasonable adjustments to their policy in your case to accommodate the disibility.

Is your anaemia likely to be related to the cancer treatment? If so that should be considered disability related.

As pp said if they’re using bradford factor then it’ll be an automatic trigger.

If I remember rightly it’s a chat with occupational health and they were nice; no further action required.

Did your manager say it in a heads up way or a watch out way?

Time off for cancer treatment shouldn't be counted against you.
Also in my place of work, Covid was exempt from any absence disciplinary. Not sure if that's still the case post lockdown, but might be worth checking.
I recommend getting support from a union.

@megosaurusrex

Covid absence during lockdown stage

@Rummikub

She told me that if I'm off sick again I will have a disciplinary so it was more of a watch out.

Is the anaemia a result of the cancer or your treatment?

So sorry you are dealing with this on top of a cancer diagnosis and treatment.

That’s awful then, knowing your medical history 💐

They cannot discipline you for conditions relating to your cancer or ongoing treatment. Anaemia is a common side effect of chemo.

Can you check HR policy?

Would any of the cancer charities help? Or your Macmillan nurse might be able to signpost you.

@SuperCamp

Im not too sure, possibly I had no problems before cancer.

Cancer counts as disability and is counted separately and shouldnt go towards absence triggers. Covid absence during lockdown should be exempt too. So really you are down to just the one two week absence for anaemia. Your employers don't have a leg to stand on over this.

I dont think the covid will be counted nor should your cancer treatment so agree with pps don’t worry. I think your employers are being out of order and I would contact Macmillan or ACAS. I hope you feel better soon x

Familiarise yourself with your employers disciplinary procedure. At my work it can be as simple as a chat with occupational health and an independent health care provider who writes up a report. There isn’t anything you could do to avoid these absences really, but they will talk it all through with you.

if it’s “sterner” measures I’d look at joining a union ASAP if possible and getting advice from acas

OP if you are in a union consult them for some advice, especially given the cancer part. You might also want to ask your Doctor if the anaemia is related to that, it's an important point.

You're being given some misleading advice here. Your employer does not have a legal duty to disregard any of your sickness absence, but may do depending on policy.

As cancer is automatically a disability per the Equalities Act they have to make reasonable adjustments, that doesn't mean they automatically or legally have to disregard the absence. That has been tested at tribunal already I believe and it was decided it's not "reasonable" to expect all disability related absence to be disregarded.

Covid too - for instance we had a policy to start with that any covid related absence didn't count towards trigger points. That changed a few months ago and now it's considered the same as any other absence.

Really they shouldn't call it "disciplinary", it's not saying you've done anything wrong, rather that they need to consider whether the business can support your level of absence.

Get smart. Get the policies. Get some advice.

Like PPS have said, sickness for cancer shouldn't be part of the tally with regards to triggering disciplinary action. You need to know what they've counted and what those policies say.

Hope you feel better soon.