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Employment advice please - can they try to get rid of me?

3 replies

namechange7479 · 03/12/2023 11:31

I'm abit of a worrier so sometimes not sure if I'm being rational. I have been with my current employer for 8 years. I have a good set up in terms of flexible working etc so do not want to leave.
However over the last 12 months I have had a number of bereavement's and have had about 2 months off work. Since returning we have had a change of management and processes. The new management team are quite brutal in my opinion sacking 3 people in their probation due to them 'not preforming.' A lot of it I feel is down to change of processes which is making everyone's jobs alot harder along with crap training. The new management are insisting this way is better and anyone who is not in agreement is not a team player/forward thinking.
Anyway on Thursday I lost it as it's taking me twice as long to do certain tasks with the process. I daren't speak to the new managements about it. I just told them I wasn't well and have now got a sick note from my GP for two weeks. I know I can't go on like this and it doesn't solve the issue. My concern is if I am honest and say I can't work the way they want everyone to can they get rid of me? Also I'm concerned about the amount of time off I am having can they start to say I'm not capable of my job?

OP posts:
Neriah · 03/12/2023 12:43

If they wish to, then the answer is yes to both questions, I'm afraid. I'm not commenting on whether it's "right", "fair", "compassionate" or anything else - those things are subjective and have no relevance to the questions you asked. Do I'm sticking with the questions.

Whether it makes sense or not, the management have laid down a work process. Unless they allow flexibility then that is the process you must follow. You can "advise" then that there may be other / more efficient ways, but you cannot tell them that you can't do it their way. If you refuse to do it their way or say that you can't do it their way, then it may be a performance issue, or even a refusing to follow instructions issue. Either would / could ultimately result in dismissal.

2.5 months off work in a year, regardless of the cause, could result in absence management processes. Those will also ultimately lead to dismissal if absences continue. How quickly that might happen would depend on whether you are already in such processes, what the policies say, etc etc - it depends on specifics for your organisation, but ultimately they are all designed to terminate the employment of people who take too much time off work.

Neither of these things are likely to happen very quickly (unless you refuse to work in the way you are told to) but at best that simply means you have a bit of time. You need to address finding another job before the inevitable happens. And I'll also point out that a lot of absence from work can adversely impact on your chances of getting other work, so you are correct that being off sick isn't a solution to your problem, and could just make it worse. I'd advise getting another job as quickly as possible.

HavingToStartAgain · 03/12/2023 12:45

This is the advice on Acas to the employer re absenteeism. What does your contract say? I know in my place 3 periods of sickness would trigger a review.
https://www.acas.org.uk/absence-trigger-points

What does your sick note say? If it’s work related stress there are things they should be doing.

https://www.acas.org.uk/managing-work-related-stress/understanding-the-law

I hope things improve for you.
https://www.acas.org.uk/supporting-mental-health-workplace

Understanding the law - Supporting mental health at work - Acas

Why it's important to take good mental health seriously at work.

https://www.acas.org.uk/supporting-mental-health-workplace

Crazycrazylady · 03/12/2023 15:42

Op
Absolutely they can get rid of you for absence levels and or for not doing the new process as decided by management. Absolutely you need to tackle this in a different way. Simply going off Ill is not a long term solution. Is absolutely concentrate on trying to get your head around the new process.

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