Formal written warning - policy not followed

[Squirggle]

I’ve been issued with a formal written warning for too much sick leave. I’m not sure it’s entirely fair and the sickness policy/procedure wasn’t followed.

There is supposed to be an initial informal meeting and if it’s decided this needs to progress to a formal meeting then you’ll be notified in writing, can take along a colleague/union rep and the outcome may be a formal written warning. This stays on your record for 12 months and any further absence will result in a final warning/possible dismissal.

I’ve been issued with the written warning without any prior meetings. Now I’m wondering if this is fair? Is it worth taking this further or should I just let it go and suck it up and pray I don’t need further time off in the next 12 months?

If you are in a union I'd be contacting them or ACAS. Also look up your sickness policy to see if it's documented the steps.

My works policy is there support through absence so would they be able to make adjustments to stop you getting sick etc. It would only move to a written warning sort of situation if you were regularly out drinking on a Thursday night but phoned in sick every Friday morning and you'd been offered help.

I'm currently on Absence management due to a long absence but it's about helping me be at work rather than it being a discipline situation.

Can you give more information on how much time off and over what period of time?

I’m not in a union. I have looked at the sickness policy, and not all the steps have been followed such as not being informed in writing of a formal meeting and not having said formal meeting. Also the fact the policy states the outcome of a formal meeting may be a written warning suggests the outcome may also not be not a written warning.

In fairness I’ve had a lot of time off - I’m back now following a 7 week absence during which time I was diagnosed with a disability. I’ve had three other short (a few days) absences for the same reason and one absence in January for Covid.

How long have you worked there op?

How big is the organisation?

Yes you could turn it into a fight but these things tend to be pretty grim. What's your relationship with your manager like? What's your disability, and can you apply for Access To Work? Has your work offered occupational therapy advice?

What do you want the outcome to be? Do you want to keep working there? Do you want to reduce your hours, or change how you work?

Can you appeal? You should have had the opportunity to explain your position.

I mean really you’re trying to get off on a technicality, I’m really not sure that will work, they will just follow the process and then issue the warning, it won’t change the end result.

Have I understood this correctly?

You were supposed to have an informal meeting as a first step.
They didn't have this meeting at all? If that's the case, they have missed out quite a substantial first step.

That informal meeting should also be your opportunity to explain what happened and, depending on the organisation, it may possibly put a stop on any immediate further action, especially as you have since been diagnosed with a disability.

I know some organisations have ridiculous blanket approaches to this though.

If yours is one of them, then maybe the informal meeting isn't such a big deal.

But I don't understand why it would have been missed out. if it is actually written in your HR policy, then they should have had it.

Read your full contract and all policies. Sometimes there is a catch all clause that allows procedures to be bypassed and go straight to formal written warning if considered serious enough. Its a lot of time off in a short period

5 occasions is a lot!

I would call ACAS, get a copy of your policy first. However I believe you should have had a written invite to a formal warning and be afforded the right to have a rep with you.

If your sickness relates to the disability you’ve been diagnosed with then the equality act applies. If they had followed due process then they would have been made aware of this.

What is your length of service?

If all but 1 absence has been related to a disability you've been diagnosed with id be asking about equalities act.

If you have a disability what discussions were had during the written warning procedure about reasonable adjustments to support you to be able to fulfill your role without these absences.

Let's be realistic - even if this can improved with medication or treatment you aren't just suddenly going to be better and not be absent because you have a diagnosis.