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Original poster

Diasaplinary hearing due to being off work with sick dd, your opinions pls

65 replies

2littlemonkeys · 21/02/2008 09:34

Sorry to post this here. But i need some help, or if any of you have been in a similar situation.
Bascily my dd has chicken pox and nursery refuse to allow her for 2 weeks from when the spots came out, so the monday of last week i had a days holiday as it was dd1 4th birthday so it didnt cause a problem, but wed i had no one to look after her, so i had already told work and asked if i could one of my 5 weeks holiday to be told no all the holidays have been taken for that day and i had to have it unpayed even thought i was off anyway, apparently its unfair on people who have already been refused???: (how would they no) anyway explained that i could not afford to be off unpayed and still pay nursery for 2 children, they wasnt intrested.
So my husband then tells me he is working in his home town for a few days the following week and he may have to take megan with him and mil can watch her, so told work this and said if all is well i will be in work monday etc but then my mum offered to have her but only until 2 each day and we both thought this would be better then sending her to mil 120 miles away.
So cut an already long story short i went to work yest after droping dd2 at my mums and after about 2 hours of being ignored by my manager, i was asked in to my back to work interview following my absence last week, went through it all filled in the forms etc then at the end told i would be invited to a disaplinary hearing due to the amount of times i have been off in the last 12 months which they tell me includeing last wed is 6, 1 of which was for me last august when i was suffering from panic attacks but the other 5 where for dd2, and then my manager wanted to no why we didnt send her to mil so i could work a afull day. i was fuming when i came out, for one last wed on of my other colleages got sent home because her ds?s had chicken pox and they told her she wasent aloud in the office in case she passed it round, so really if i had of been in they would of sent me home anyway, and they pushed to do it yest because if they had waited till next week they wouldnt of been able to do as my sick day last year was 24th feb.

So what do you think do i have a leg to stand as i was off careing for dd or do i just get a new job lol

thanks for reading sorry its long and i hope it makes sense

OP posts:

flowerybeanbag · 21/02/2008 10:10

morningpaper · 21/02/2008 10:11

So the hours from 2-5.15 were unpaid or paid?

Call Centres are evil, they are horrible to their staff, if they've got it in for you you are probably on a hiding to nothing. I'd look for another job.

Not very positive, sorry.

Fillyjonk · 21/02/2008 10:12

ah, sorry

my connection is slow atm-thats my excuse

hercules1 · 21/02/2008 10:12

What the circumstances of your other times off. 6 times in one year does seem a lot.

Original poster

2littlemonkeys · 21/02/2008 10:14

they where unpayed and so was last wed, thats not my problem i never get paied when iam off for dd, i just thought they might let me use it my grevence is the fact that i have been off 6 times in the last 12 months 5 of then for dd and they are giving me a disaplinary, sorry i didnt realise my op was so unclear x

OP posts:

hercules1 · 21/02/2008 10:15

Sorry I know it's shitty but 6 times in one year is a lot to have off. Personally I'd look for another job anyway.

flowerybeanbag · 21/02/2008 10:18

SO it's not that they are saying you've had 5 days in one go this time, it's that you've done it 5 time over 12 months?

There's no legal limit to how many times you can take emergency dependents' leave, as long as it is for genuine emergencies. Maybe they feel that all these times were not genuine emergencies?

doggiesayswoof · 21/02/2008 10:22

I don't think that 6 days off in one year is too much if it is all agreed and taken unpaid - but I'm not sure what the legal entitlement to unpaid emergency/parental leave is.

agree with mp though - call centres do get a very bad rep for the way they treat employees. If I were you I prob would look for something else.

nailpolish · 21/02/2008 10:22

if you ARE going to look for another job (and i would if i were you), then tread carefully and dont piss off this present employer. they will have to write a reference, and this reference will certainly include your sick time

doggiesayswoof · 21/02/2008 10:22

Ah thanks flowery - x-posts again!!

YouKnowNothingOfTheCrunch · 21/02/2008 10:23

My work give a disciplinary hearing automatically after more than 3 illness absences in a year(doesn't matter how long they are, just that they are separate illnesses).

That's just the way they do it. 6 seems an awful lot. Sorry. But surely it'll just be a chat about procedure and stuff?

doggiesayswoof · 21/02/2008 10:25

Actually, I am confused now as to why they are disciplining you. If you have taken this time unpaid for emergencies (ie sick dd) then you are entitled to it. So I am not sure what their grounds are.

chelsygirl · 21/02/2008 10:26

so they let you go at 2 both days as your mum could only have her dd til then? I think thats very good of them. also the fact you can't afford unpaid sick leave isn't their problem.

TBH I think you are being unreasonable and it sounds like they've had it with you (sorry to be blunt but thats how it reads to me).

Original poster

2littlemonkeys · 21/02/2008 10:27

ok nailpolish- r u ready they dont give references.
regarding my time off of what i can remember, and bear in mind my dd is only 19 mths, was for the sickness and poops, conjunctivities, chicken poxs my panic attacks from which i left work and went straight to doctors, i cant rember the rest on to occasions i had dd with me so they had proof lol thats how bad it is x

OP posts:

doggiesayswoof · 21/02/2008 10:28

That's v helpful and understanding chelsygirl.

Thank god my employers have not "had it with me" since I have had to be off (unpaid) with my dd a couple of times already this year, and I need the job to pay the mortgage

doggiesayswoof · 21/02/2008 10:29

They don't give references??

I am

Fillyjonk · 21/02/2008 10:31

but some of those time offs are actually because the OP was sick, yes?

I don't actually think 5 times in a year is necessarily unreasonable. the question is, are they genuine? if so-it should be fine

but

they are a call centre. I'd look for another job

oh and please look into joining a union.

Original poster

2littlemonkeys · 21/02/2008 10:32

thanks for sticking up for me doggie

OP posts:

nailpolish · 21/02/2008 10:34

you cant expect to still be paid if you are taking time off to care for your children. you are not sick, you are not on AL, the fact that you dont have anyone else to care for your sick child is your problem not your employers. when you accept the terms and conditions of a new job you should have made yourself aware of this fact - the fact that unpaid leave is the only option, and the fact that you will have to attend a disciplinary hearing. these hearings are usually where the employer tries to find the cause of all your time off - sick or otherwise - and try to come to a solution.

the fact that you have a MIL who can help out from time to time is more that a lot of people have, btw.

Piffle · 21/02/2008 10:34

I had this situation years ago.
DS1 also had chikcne pox then a week after got an horrendous flu type thing. I had no family and no carers to help me, single parent. Worked 3 days MTW
I took unpaid time off (I could not afford it but WTF could I do) I took some as holidays but was limited to 2 days short notice as hols. And I made up time after I returned.
I was also reprimanded, but I said, my son is sick, am I to leave him at home on my own?
They actually did an impromptu home visit when he had the pox obv hoping to find me lying about it. DS1 was really ill. I had no way of getting to the shops I had no food in the house, needed calpol.
So they went out and got everythign for me and defended me in the hearing.
You get some good folk and some officious folks, you should be allowed to make up time though esp if you took part days

nailpolish · 21/02/2008 10:35

and i have to say - they will give references. even if its just a print out of your sick time.

flowerybeanbag · 21/02/2008 10:35

fillyjonk I think the OP said it was 1 day for her being sick and 5 days with her dd. I think.

Fillyjonk · 21/02/2008 10:35

"so they let you go at 2 both days as your mum could only have her dd til then? I think thats very good of them. also the fact you can't afford unpaid sick leave isn't their problem."

the OP has a statutory right to emergency, unpaid leave for dependents

she also has a statutoy right to (paid) sick leave, after 4 (? or 3?) days.

its not actually good of them, so much as wise in order to avoid the costs of a tribunal.

OP have you said how long you've been working there, btw? Is it more than a year? If so you have stronger rights around dismissal anyway.

flowerybeanbag · 21/02/2008 10:37

The right to SSP is that it kicks in on the 4th day of any individual incidence of sickness absence. So odd days off sick wouldn't entitle her to any sick pay, only if she has a block together with one illness, which she hasn't had.

nailpolish · 21/02/2008 10:38

yes filly but there is a limit to the amount of emergency care you can take. my employr allows 2 days a year. that includes part days. after taht its unpaid.

they are trying to run a business after all.

also, you cant take AL days willynilly. if there are, say, already 3 people on AL, 4 might leave the workplace short.

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