Written warning for absence - produced sick note

[jon1965]

Re: Written warning for absence - produced sick note

No. That is a common myth. It is pregnancy related illness only. Adjusting sickness targets for disability MAY be considered as a reasonable adjustment in specific circumstances, but there is no right to it in law.

I was certain that the disability discrimination act covered this but it seems that I am wrong. I recall a case where someone who was HIV+ won a case because his meds caused health issues and he needed time off for appointments at clinics etc.This was reported in the "gay" press. From this case it was suggested that all HIV+ people should tell their employer so that they were covered.

[starukkiwi]

Re: Written warning for absence - produced sick note

Unfortunately, this is the way of modern Britain as Eloise01 says..
In some instances if you are on a Health and Wellbeing Plan (or whatever your workplace calls it) then you are not allowed a Pay rise or a bonus - this will be in the Sickness/Health Policy which they should have given you before the hearing - there is normally a procedure - you haven't stated whether this was your first hearing.
Did you send the doctor's note in as soon as you recieved it and did you contact work every day you were off sick. The policies are normally that strict - my advice to you would be to ensure you are not off sick again within the time period it states on the letter. These things are designed to cover the employers a** and show they are "fulfilling their duty of care" in "supporting you in keeping attendance at work". It will tell you in the policy when these "reviews" will happen - -three periods of sickness in a six-month period or a rolling six-month period. Basically, they don't give you a pay rise/bonus because they consider that you being off sick has meant your productivity has declined. Promotion is in the same vein - your ability to attend work calls into question your committment etc etc. If you feel that strongly
A)Join a Union
B) if you are in a union - have you considered being a Union Rep?
It is harder to get at a union Rep - but you have to go above and beyond sometimes to get managers to realise that the role is helping them

[Eloise01]

Re: Written warning for absence - produced sick note

I was certain that the disability discrimination act covered this but it seems that I am wrong. I recall a case where someone who was HIV+ won a case because his meds caused health issues and he needed time off for appointments at clinics etc.This was reported in the "gay" press. From this case it was suggested that all HIV+ people should tell their employer so that they were covered.

Ermm - doubly wrong since (a) no that was never in the DDA, and (b) the DDA was repealed two years ago! The situation has not changed under the Equality Act though. Time off for disability related appointments (which is actually not the same thing as disability related sickness) and adjustments to sickness targets are reasonable adjustments. As with every other reasonable adjustment, there is no absolute right to it. Whether it is reasonable or not depends on (a) what the employer agrees to and (b) if that is in dispute what a tribunal decides about that specific situation. There is no set list of what reasonable adjustements are - they are situation specific. What is reasonable in one circumstance is not reasonable in another. If your employer happens to employ 500 people doing exactly the same job as you, and you need time off for a medical appointment relating to disability (because there is no general right to time off for medical appointments) then it would be a rare circumstance where this would not be a reasonable adjustment. If the employer employs two of you, each working a 12 hour alternating shift, to push the button that stops the world ending, then time off work for medical appointments would be very unreasonable! So it is totally down to specific circumstances and there is no way that anyone could be absolutely certain which way a tribunal would go if it came to a dispute - any part of the law which contains the word "reasonable" is dicey, but in most circumstances, because the range of conditions, and the range of employment circumstances, are never the same in two cases, it is impossible to be any more precise.

[jon1965]

Re: Written warning for absence - produced sick note

Oh dear I am old and out of date. Story of my life

[wales01man]

Re: Written warning for absence - produced sick note

Boy am i glad i was self employed all my working life and i was boss but i was a right b terd to work for but i couldnt take myself to an et

[CleverClogs]

Re: Written warning for absence - produced sick note

No. There are medical conditions that also affect only men, or primarily men.

Apart from prostate enlargement, testicular torsion or knob rot, I cannot think of any.

Can you?

[Eloise01]

Re: Written warning for absence - produced sick note

Apart from prostate enlargement, testicular torsion or knob rot, I cannot think of any.

Can you?

I suggest if you are genuinely interested in this medical topic, you try Google.

[CleverClogs]

Re: Written warning for absence - produced sick note

I suggest if you are genuinely interested in this medical topic, you try Google.

Couldn't you be bothered?

[rach321]

Re: Written warning for absence - produced sick note

Unfortunately, this is the way of modern Britain as Eloise01 says..
In some instances if you are on a Health and Wellbeing Plan (or whatever your workplace calls it) then you are not allowed a Pay rise or a bonus - this will be in the Sickness/Health Policy which they should have given you before the hearing - there is normally a procedure - you haven't stated whether this was your first hearing.
Did you send the doctor's note in as soon as you recieved it and did you contact work every day you were off sick. The policies are normally that strict - my advice to you would be to ensure you are not off sick again within the time period it states on the letter. These things are designed to cover the employers a** and show they are "fulfilling their duty of care" in "supporting you in keeping attendance at work". It will tell you in the policy when these "reviews" will happen - -three periods of sickness in a six-month period or a rolling six-month period. Basically, they don't give you a pay rise/bonus because they consider that you being off sick has meant your productivity has declined. Promotion is in the same vein - your ability to attend work calls into question your committment etc etc. If you feel that strongly
A)Join a Union
B) if you are in a union - have you considered being a Union Rep?
It is harder to get at a union Rep - but you have to go above and beyond sometimes to get managers to realise that the role is helping them

Yes, this is my first hearing. However, I couldn't hand in a doctors note at the time of the absence as it was only 5 shifts and therefore my doctor told me to Self certify. During the absence hearing I told them I could get a letter from my doctor but they said this was unnecessary. For my appeal letter however, I got a 'fit note' from my doctor to send away with my letter - they told me there was no new evidence and my appeal was not heard.

Edited to add: I also did call in work everyday as normal procedure is to do so.

[Eloise01]

Re: Written warning for absence - produced sick note

Yes, this is my first hearing. However, I couldn't hand in a doctors note at the time of the absence as it was only 5 shifts and therefore my doctor told me to Self certify. During the absence hearing I told them I could get a letter from my doctor but they said this was unnecessary. For my appeal letter however, I got a 'fit note' from my doctor to send away with my letter - they told me there was no new evidence and my appeal was not heard.

Edited to add: I also did call in work everyday as normal procedure is to do so.

But none of this is relevant. You are still assuming that this is about the sickness being genuine. It doesn't matter that it was. It is the fact that you have had a certain amount of sickness absence that is the only relevant fact. Hit that trigger and you get a warning.

[rach321]

Re: Written warning for absence - produced sick note

I was just answering a few questions that's all...

I understand it's not about the genuineness of my illness. It's about the fact that work had sent me home that day, i followed procedure and followed everyone elses addvice ( I was willing to come in - which i told work). And they go completely against what they intitially advised, and yet I'm still the one at fault for following their own advice.

[jon1965]

Re: Written warning for absence - produced sick note

I suggest if you are genuinely interested in this medical topic, you try Google.

Eloise, if you never trust me on anything ever trust me on this..Do not suggest Cloggy goes onto google !