Staff member sick union work query

[BlueLight71]

Hi
I manage a staff member who is a Union rep.
He is often off sick and recently signed off long term mental health issues. He is Bi polar.
It was brought to my attention by other staff members Union rep is posting about Union events etc and actively promoting events and advice on socials. During working hours that he is being paid sick pay for.
This seems wrong to me but I’m not sure where we stand on this ?

Why would it be wrong? Of course it’s possible to be well enough to be an active union member but too ill to work.

What do you expect him to do during working hours, sit and stare at the wall?

Not like he’s gone on an adventure holiday while being signed off with a bad back.

Is it a paid union role?

People are allowed to work at 1 job while signed off sick from another job. But there needs to be a clear medical reason why they could do 1 job and not the other eg. One job is driving and the other isn't, 1 job is in a busy environment with lots of noisy interaction and the other is WFH, 1 has heavy physical demands and other doesn't etc.

However I think there is something about the work not being carried out during the same working hours as the job the person is signed off sick from. Hopefully someone else will come along to clarify.

YABU.

If it’s a paid union role it’s a bit iffy but other than that I’d say it’s none of your business

Yeah this.

It’s possible to be unable to commute, work 8 hours a day, on the phone/face to face etc all day, and at the same time be able to log onto a laptop for an hour a day to post online.

It is a paid role

Union rep is posting about Union events etc and actively promoting events and advice on socials

So pressing ‘share’ or reposting comments from their union’s social media activity 🙄

Do you seriously think they should be banned from anything other than lying in their sick bed?

I'm a union rep. If I was off sick, I'd be totally certain that whatever I was doing was not going to get me into bother.

Bit more to it than that but I can’t say more as would be outing.

Fair enough…

I’m an NHS manager of 20 years+ experience and your user name suggests we could possibly have some similar experiences.

As public service is heavily unionised (mostly for the better) I would suggest you approach this with caution and discuss with your HR Business Partner before doing anything.

I once had someone on LTS for MH issues who was advertising heavily both on SM and in the local press their new business that they were opening but HR were adamant that they were doing nothing wrong and I suspect it will be the same in this case.

Good luck.

Yeah I think I will find the same. They will say nothing wrong but my issue is how much posting especially on one day when called me in crisis yet minutes later happily posting.
there are several other things going on here that I can’t say but someone who knows how to play ever system in the book.

As a paid union rep they will know the book well so don’t let it be used against you.

Our sickness policy mentions SM posting so have a look and see if yours does.
There may also be references to other paid work in you policy so scrutinise it line by line.

you have to take them at their word that they are unable to work. Depending on the nature of your work, a conversation could be that you’ve seen the posting and it’s great they’re able to support that role, is there any way you can look at the current job role and identify areas they could do as a phased return to support them in returning to work? Use it as a positive.

I get you but this person already wfh no office attendance for many years and has a high number of reasonable adjustments, they work flexibly so there’s not much else I can do. Phased return is standard.
they have a pattern for over 5 years of going off sick everyone pay renews to 100%.

I know the type. You have to be super kind in almost an over the top way. If they’re unable to work even with reasonable adjustments you can sack them but you have to follow the process (which takes forever).

I very much doubt that they are being paid for by the union - because if they were then it would be none of your business since you don't pay them.

So they are disabled, work from home, have reasonable adjustments, but should be unable to post online.

I think your agenda here is fairly clear. Whether you are right or wrong in that, back off. I guarantee your employer will - dismissing a union rep is the fastest way to a serious dispute.

No one mentioned dismissing at all that’s your take on it. Where does it say intention to dismiss ???
Simply trying to get opinions on whether it is right or wrong in anyone’s opinion.
its far more complicated that I am able to post.
No mention of being disabled ???? Lots of staff wfh, have reasonable adjustments without being disabled.

You say he’s bi polar - he may be having a manic episode and be able to “function” extremely well on some levels but is actually very unwell. Please familiarise yourself with the illness before judging.

Then it depends on your sick pay policy. Mine says it’s gross misconduct to do any other paid work while being paid enhanced sick pay.

His union role?

Refer him to occupational health and ask if he is fit to undertake his role or any other role.

You could find him a suitable alternative role which fits?
Personally the scope for a constructive dismissal case is high if he's got a diagnosed MH condition and a union rep - tread ever so carefully.

If they have bi polar they will be classed as disabled, absolutely no doubt whatsoever.

This isn't true. Reasonable adjustments are specifically for people with disabilities, they are defined under the Equality Act

Union reps aren't paid.

So off 6 months every year on full pay, for the past 5 years? For NHS office staff that policy is ridiculous.