Should it be legal to be given a written warning from work if you are hospitalised?

Marky

If the written warning is about her being off sick, then she has been treated unfairly if she has taken reasonable steps to inform her employers.

If the written warning is about something else, then they can issue it whenever they want.

Veston Pants

If the chain store is a UK employer they are in violation of the UK employment laws. Check with the Citizens Advice Bureau

xxR

spongebobs biggest fan

no its not legal.

tell her to explain this to the manager and ask for an appeal form , simply fill it in and hand it back,she will then get an interview.

absences that can be backed up by hospital or doctors line do not count as store absences. as its backed up by an officials word.

tell her to appeal the decision then inform the store that it is illegal not to take into account official medical documents.

good luck.

xxxxxxxx

Pete H

You need legal advice. Go to a CAB if you have one first who will give you an informed answer

Barbara Doll to you

Employment tribunals are for deciding fairness. If you want to go that far.

jacg

So what would happen if, perish the thought, some employee there was involved in a serious road accident or contracted cancer or something? They've got to get up off their sickbed after 8 days and struggle into work? I don't think so.

I think the employer has their facts very wrong. If your wife's sickness was supported by the relevant medical documentation, there's jack s**t the company can do about it unless it is long term illness when there are certain things a company can do but even then why would they want the bad name for handling a sick employee's case like that?

Your wife should stand her ground. If this persists, there will be a laid down grievance procedure that she MUST follow to the letter before she can go to an employment tribunal. If she doesn't follow it, the ET won't even look at her case, nomatter how valid. I would also threaten to tell the local media what's going on as well. The thought of bad publicity can do wonders. She can get support with the grievance procedure from Citizens' Advice.

lma0814

I believe the ADA (Americans with Disabilities Act) would call this illegal. It would be worth speaking w/a legal council to find out more about your rights. But, it definitely sound fishy to me.

LillyB

No, its not fair and I think you should seak legal assistance to establish if it is legal or not.

Huge

Yes, if it is company policy and everyone is treated the same. Basically, if you cannot meet minimum attendance requirements then this can be classed as inefficiency but the company has to give you a reasonable chance to get well and to improve. They cannot dismiss you just for being ill without a very just cause.

rand1812

Sorry not fair but it is legal in the uk however if it came down to a final warning or where i work a stage three ( i.e sack or not) then that shouldnt (not won't) be counted against and yes thats when tribunals come in.

old know all

She should write to the human resources department with further copies of the doctors and hospital notes and ask for a written apology.

hunneybunney

No they can not do this.

If you have such problems that it looks like you will never be able to return to work they can ask you to leave or give you notice, but not if you intend to return.

Tufty Porcupine

Let's be clear about what you mean here Jonathan. Are you sure you are talking about a disciplinary procedure? - I'd be very surprised if you are. Many firms do have procedures in relation to sickness - which may trigger a warning letter and a meeting with management - but this is not a disciplinary matter. It is essentially a meeting that all staff have to attend once the have triggered a specified number of days absence in total (often around 10 days) or a specified number of separate absences. Part of the reason for these meetings is certainly to intimidate staff out of taking unnecessary sick leave, but also for the company to check whether the sick leave could in any way be work-related and to ensure that no working practices could affect the employee's health adversely (in other words, to cover their back in case anything happens in the future).
(This procedure could be deemed to be unfair if it is not uniformly enforced, which is why most employers enforce it all the time, even in instances like this where it is obvious that a member of staff is not 'swinging the lead'.)
My advice to your wife is:
(a) Make sure you are in a union - you should be entitled to union representation at this meeting
(b) Don't worry about 'return to work'/sickness absence meetings - if your attendance is otherwise good and you have doctor's and hospital notes there really is nothing to worry about.
(c) If (and I'd be staggered if this is the case) this is genuinely a disciplinary procedure - the company would get torn to pieces by a decent union rep and certainly in a tribunal. There is also the very realistic prospect that they would be flouting the Disability Discrimination Act.
Really - don't worry about it - it's a routine procedure (although I can totally understand your wife's unhappiness).

Mel

It's not fair, but it is legal. Many companies have adopted attendance policies that allow some level of management discretion. If your wife has had a history of spotty attendance, her manager may have seized upon this an an opportunity to initiate disciplinary proceedings. Or, she may just work for a tough manager.

Either way, attendance policies and the associated sick leave are created and administered by the company, not by a legal body. The exception is in the US where we have laws related to Family Medical Leave; your wife's hospital stay would qualify her for such leave, and she cannot be disciplined for taking it. She may want to ask her HR representative about this, although the time for her to claim an FMLA condition has probably passed by now.

Flossy

Check your wifes contract. There should be a whole paragraph / section on sickness. If she has a sick note for the time she has been away, I would imagine that they are being unfair and will not stand up if you were to seek legal advice. A verbal warning should always be given before a written warning whether they are at the managers discretion or not.

jackie m

No they cant, why dont you look up the ACAS web site it give you all the details.

Michelle

This is not legal, and you should consider seeking legal advice either from Citizens Advice Bureaux, a Solicitor who deals in employement law or from Human Resources.

It is in your best interest to get the medical certifcates and hospital notes back from her employer and photocopy them for your own records so they can not state that they didnt recieve them.

Fight this all the way and dont back down at all.

ambrose02476

That is a total crock of Sh*t, no UK based company can do this. As long as your wife can prove that she was indeed hospitalised and has doctors notes then you will be fine. The company would have to prove that these are either fake or she did not keep the company posted on what and where she was upto with the hospital and the doctors.

I would certainly go to Citizens Advice Bureau and I would get hold of the union as well, these corporate companies will do anything if they are not challenged. I would also get the staff handbook out and read it, though it has to be said that some handbooks are out of date as employment law has been changing very quickly and these are not kept upto date.

Definitely challenge them as their policy of 8 shifts seems very weird, how would that work if somebody contracted an illness and was admitted into hospital for a couple of weeks, seems very bizarre indeed..

Written warnings are given if the member of staff has commited or been charged with gross misconduct at work, is having to be hospitalised a reason to give an employee a written warning, I would say no and I believe most employers would agree.

Good luck and like I said tell her to stand her ground on this..!!!!!!

trippedits

Did she just miss work or did her employer know she would be out?

It's a write up, not a termination. But because her absences are medical based, I would contact the HR department for the company and fight against the write up.

Again though, it is just a write up.

Stephen A

No they can not act in this way

Your wife has the right to reply , I surgest that she do this , the letter should then be withdrawn

Laura

If you're in the US your wife is potentially covered by two things: the American Disability Act (ADA) and the Family and Medical Leave Act of 1993 (FMLA).

Here are some links on FMLA:

The US Department of Labor's FMLA main page:
http://www.dol.gov/esa/whd/fmla/

Here it explains eligibility (and your wife falls into this realm)
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm

the Department of Labor's FAQ:
http://www.dol.gov/elaws/esa/fmla/faq.asp

hope this helps =)

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