Options

Is it legal to warn workers not to be ill

[Deleted User][Deleted User] Posts: 3,759
Forum Member
✭✭✭
My husband works for a well known parcel delivery firm.



One of my hubbys friends was really ill at the beginning of the week but continued working until wednesday, he literally couldnt stand up and was sweating and shaking and said his headache was so bad he felt sick, he had no choice but to go home.

Thia was last week and on Tuesday he returned to be given a letter from the boss saying that if he had any more time off sick he would get a written warning followed by a verbal warning . Now the guy in question does not swing the lead in any way, he hardly ever has time off, and he lost money from no sick pay for first 3 days so he wasn't gaining anything.

Is it legal for them to do this when they saw he was very ill anyway? They are talking about doing it to anybody else who is sick too, i just cant believe this is allowed but cant find anything about it on the net. Any advice or links would be appreciated :). ty

Comments

  • Options
    [Deleted User][Deleted User] Posts: 14,920
    Forum Member
    ✭✭
    Well unless he has form for lots of time off that sounds like bullying.

    And if they said written warning followed by verbal warning then isn't that the wrong way around?

    In future he just needs to produce a doctors note and they can't say a thing.
  • Options
    mcghee76mcghee76 Posts: 192
    Forum Member
    Probably not but I work with people who in my opinion would use any small sign of illness as an excuse to take a day off. It's people who say they have the flu when they don't They should make this test for the flu compulsory. Place a £20 note at the end of your bed. If you can reach it then you don't have the flu so get up and get to your work:)
  • Options
    ikkleosuikkleosu Posts: 11,494
    Forum Member
    ✭✭
    Sadly, it's perfectly legal. There will be something in his contract about time off for sickness.

    My husband had his pay rise cancelled due to sickness and will face a dsiciplinary if he is off again this year.
  • Options
    ForestChavForestChav Posts: 35,127
    Forum Member
    Sounds like he had flu...
  • Options
    [Deleted User][Deleted User] Posts: 397
    Forum Member
    In my work if I have a week off due to illness it puts me over the company average and means I get a letter of concern. I was really ill over xmas and was off for a while everyone seen how ill I was before I went off sick and they knew I'd been back and forth to the doctors but I was still given a letter of concern even though it was my only time off sick in the 4 years I've worked there if I'm off again I think I get another letter of concern then after that its disciplinary action
  • Options
    [Deleted User][Deleted User] Posts: 2,938
    Forum Member
    ✭✭✭
    That´s a joke employers treat staff like that who are obviously ill, but they do. I once worked at a place and they gave you a bonus at the end of every month if you turned up every day you were on shift. It was the equivelent of 3 days pay and was needed just to get by on the low wages. Stopped the sickies and if you were off genuinly then you were down the bonus and down days pay, made a difference. I though it was a good idea rather than threatening with the sack.
  • Options
    GogfumbleGogfumble Posts: 22,155
    Forum Member
    ✭✭✭
    I used to work in Asda. There if you were off ill, for whatever reason, you had a return to work interview and were given a warning that if you were off again in 6 months you could face disciplinary action.

    I understand these companies have hours they need filling and work needing to be done but they treat you like a criminal for having time off that you can't help. Can you imagine at the moment if someone had time off for swine flu, went back and got a disciplinary? There would be an uproar.

    I know some people abuse sick days and they are often easy to spot, but punishing people for being genuinely sick is disgusting in my opinion, legal though unfortunately.
  • Options
    TommyGavin76TommyGavin76 Posts: 17,066
    Forum Member
    ✭✭
    Ginger Nut wrote: »
    Well unless he has form for lots of time off that sounds like bullying.

    And if they said written warning followed by verbal warning then isn't that the wrong way around?

    In future he just needs to produce a doctors note and they can't say a thing.

    That is incorrect, a doctors note isn't worth anything.
  • Options
    chaoticspiritchaoticspirit Posts: 282
    Forum Member
    My company has a pretty generous sick pay scheme, and because of that it's been badly abused. The result of this is that there is now a strict monitoring process for anyone who is off sick. No matter what the illness everyone is subject to the same process which CAN lead to dismissal.
    It's harsh for those who are genuinely ill but we can only blame those who have abused the system for the situation we're in now.
    And the swine flu situation is being treated exactly the same as any other absence would be. Personally I think it's irresponsible on the part of the company, it will only force people with swine flu to come to work and spread it around rather than take time off and face the consequences.
  • Options
    rosemaryrosemary Posts: 11,389
    Forum Member
    ✭✭
    I think its up to us consumers to complain and boycott companies where they are encourging sick people into to work. especially where they are dealing with the public

    For the benefit of the staff and the customers.
  • Options
    bryemycazbryemycaz Posts: 11,738
    Forum Member
    ✭✭
    This kind of Draconian attitude from employers is why Swine Flu has been spreading like mad. :mad:
  • Options
    [Deleted User][Deleted User] Posts: 10,625
    Forum Member
    ✭✭
    Most companies have an absence reporting procedure, which employees have to follow when sick or otherwise unable to get to work. Also most companies have some sort of "return to work" interviews. Most companies have a "trigger point" for either number of days or number of periods of absence.
    How else are companies suppose to operate efficiently? Somebody needs to keep track of who is off sick once or twice, who is never off sick, or who is always off sick.

    Also. a lot of employees get confused and use the wrong wording for these interviews. Just because they have had a return to work interview, does not mean they have had a warning.
    Some employees will have had warnings, but usually that is because they have not followed "procedures" by either not reporting their absence correctly, not supplied the needed certificates (self/doctor) or are known to swing the lead.
    Is it really so bad when a company actively tries to reduce absence?
  • Options
    [Deleted User][Deleted User] Posts: 1,617
    Forum Member
    ✭✭✭
    My company has a pretty generous sick pay scheme, and because of that it's been badly abused. The result of this is that there is now a strict monitoring process for anyone who is off sick. No matter what the illness everyone is subject to the same process which CAN lead to dismissal.
    It's harsh for those who are genuinely ill but we can only blame those who have abused the system for the situation we're in now.
    And the swine flu situation is being treated exactly the same as any other absence would be. Personally I think it's irresponsible on the part of the company, it will only force people with swine flu to come to work and spread it around rather than take time off and face the consequences.

    As you say there is a monitoring system that can lead to dismissal but I expect only if they think the system has been abused by an individual. If for instance you had already had 10 days off sick, two days at a time on a Friday and a Monday, then another 5 days off for swine flu then it may trigger the threshold for disciplinary action. If you only took the time off for the genuine swine flu case then the threshold may not be reached.
  • Options
    SystemSystem Posts: 2,096,970
    Forum Member
    ✭✭✭✭✭
    i dont know if its legal. but at the last place i worked the boss who owned the bussiness had it written into our contracts that if we had more than five days off sick in a year she would fire us. she fired one person when they had a week off sick.
  • Options
    [Deleted User][Deleted User] Posts: 1,015
    Forum Member
    ✭✭✭
    its not legal its just a sign of bad management, pressure tactics and workplace bullying...

    after all we are human and do fall ill now and then....

    tell him not to feel bad about it and not to take the scaremongering too seriously and to begin to write a log of his sick days, who he spoke to and who said what...never know when he might need it..
  • Options
    [Deleted User][Deleted User] Posts: 258
    Forum Member
    Our management said all the right things and was on the surface of things very supportive to an employee. She had been off sick for months as she was having chemo/radio every day for a very aggressive cancer. Occasionally she would pop in to say hi and update people with her progress, but only when she was feeling well enough. Management thus didn't believe she was so ill, so formally asked her permission to have full disclosure of her medical records, despite her having worked for them for 16 years. I don't know whether she gave them permission or not to see them as she died a few weeks later. I really hope they feel bad.....
  • Options
    chaoticspiritchaoticspirit Posts: 282
    Forum Member
    elke21 wrote: »
    Most companies have an absence reporting procedure, which employees have to follow when sick or otherwise unable to get to work. Also most companies have some sort of "return to work" interviews. Most companies have a "trigger point" for either number of days or number of periods of absence.
    How else are companies suppose to operate efficiently? Somebody needs to keep track of who is off sick once or twice, who is never off sick, or who is always off sick.

    Also. a lot of employees get confused and use the wrong wording for these interviews. Just because they have had a return to work interview, does not mean they have had a warning.
    Some employees will have had warnings, but usually that is because they have not followed "procedures" by either not reporting their absence correctly, not supplied the needed certificates (self/doctor) or are known to swing the lead.
    Is it really so bad when a company actively tries to reduce absence?


    Nope, I don't think it's bad at all that the company is trying to reduce absence. If I was the boss I'd be doing exactly the same. My point is that I've NEVER worked anywhere before where the system has been so badly abused. If the monitoring process was set up from the start this level of abuse would never have been possible. The company have only started monitoring effectively since the level of sickness became untenable.
    They have gone from almost no monitoring at all to monitoring very harshly, which means a lot of genuine people are feeling intimidated into coming to work when they really shouldn't. Our 'trigger point' works out at 2 days absence in any 6 month period. So anyone unfortunate enough to get even a cold will probably hit the trigger point - let alone swine flu.
  • Options
    ff999ff999 Posts: 4,549
    Forum Member
    ✭✭✭
    The triggers in my company are reached if you have 2 periods of sickness within a rolling 3 months (that can be 2 individual days) OR 10 days off in a rolling 12 month period.
    If you hit one of the trigger points, the 'absence improvement plan' is put into place. There's no realy plan of any sort - nothing to help me not get sick, its just an even more rigid set of triggers - this time the trigger is kicked off if there are 2 instances of sickness in the next 6 months. again that can be only 2 days. So already the qualifying period of time has doubled.
    And then, when you have got through that 6 month period - they do it again! No more that one instance of 'Absence ' (the dirty word 'sickness' is never used) in the 2nd 6 months. So that's a year of an 'improvement plan'.

    When it happened to me, I had had 2 indivdual days off, (migraines due high BP) and hadn't been sick for the previous 3 years.
    The irony is that I had high BP due to the friggin stress levels at work (Once the project ended, and I had some unpaid leave, BP returned to normal).
    Being on a year long 'improvement plan' just made the stress even worse.
    Result- people come to work when they are sick, as they cannot stand the year long stress.
    If you continue to hit the triggers, the chances of hitting them get even higher as the bar is raised. After you've hit 4 triggers, there is a disciplinary, with a view to termination of the contract.
    My managers know my view on the whole thing - it was brought if to cut the 'duvet days' as the levels of casual sickness was ridiculous. but instead of the managers managing that problem properly, everyone gets hit with the same big stick.
    I absolutely hate it.
  • Options
    timeytimey Posts: 19,379
    Forum Member
    ✭✭
    mcghee76 wrote: »
    Probably not but I work with people who in my opinion would use any small sign of illness as an excuse to take a day off. It's people who say they have the flu when they don't They should make this test for the flu compulsory. Place a £20 note at the end of your bed. If you can reach it then you don't have the flu so get up and get to your work:)

    No that's rubbish. I have had the flu and although it is very difficult to get up and move around, it is possible - I had to go to the loo after all! It still doesn't mean that you are fit for work and these accusations of "swinging the lead" are outdated and ridiculous.
  • Options
    [Deleted User][Deleted User] Posts: 851
    Forum Member
    ✭✭
    The company doesnt begin with F does it? :) I used to work for one too... and if we had six days off sick in any twelve month period, we had a written warning, which stayed on the record for 12 months.
    Although it was abused a lot, to be fair. One of my colleagues was in hospital for a week and a half for psoriasis (It got infected, and she was still coming to work, although the management ended up taking her to hospital themselves!) and got a warning, whereas a supervisor was off for three consecutive weeks due to his house being burgled, and the stress he faced, and wasnt given any warning, verbal or otherwise.
  • Options
    SystemSystem Posts: 2,096,970
    Forum Member
    ✭✭✭✭✭
    I used to work for Parcelforce and had received warnings for taking time off.
    I used to try keeping being off to a minimum, as I only received basic wage, but it was weird as someone could be off for five weeks, a week at a time over a period of time and someone else could take 5 different, single days off over a period of time and they would be reprimanded in the same way. What counted was the amount of times you took time off, not the amount of days you were off.
Sign In or Register to comment.