Can I have a verbal warning for being off work ill with a sick not from my GP?

Question

Hi

I work for agency Kelly Services in the UK, I have had one day of sickness in September and one in October. Over Christmas, my GP gave me a sick note for 4 weeks for depression and stress.

When I returned to work, the Kelly Representative gave me a back to work interview and advised me I would need to have a meeting to arrange for a disciplinary. She also advised me that my reputation was "all to shot" and there are alot of people "who are very unhappy" with my attendance.

I came back in today and she has handed me a letter that says if I am sick within the next six months then this will become a written warning.

Could somebody tell me where I stand from a legal point of view?

Answer 1

This is appalling behaviour



Legally - if you have been employed for over a year -



if you are off work ill for up to 5 days

you only need to submit a self certificate



for longer periods it is a sick note from your GP



if you have always submitted these, then you have done all you can



A written warning should only relate to the standard of your work

and has nothing at all to do with attendance due to sickness



Wouldn't it be nice if they offered some support instead of criticism

Answer 2

Not sure if there is any standard to absence warnings but believe in NHS if you are absent on 3+ occasions you get a verbal warning which would be followed by written if absent again and then possibly a tribunal. It's all part of a clampdown on fake sickie-days since we don't have the duvet-days that USA do - unfortunately for you you were only off one day on the first 2 occasions but they count as one absence same as the 4-week one and procedures have to be seen to be followed so that abusers of the system are weeded out. Means though that genuine cases can be victimised - think your Rep could have been a bit less harsh on you.

Answer 3

with 1.92 million unemployed in the UK and you on a temporary contract having so much time off is not good slagging the company off on the Internet is just plain dumb.



The person who gave you the warning has the responsibility of providing her clients temporary reliable workers - if she doesn't because you keep taking time off then they find another agency to do it and she loses her job.



Believe me if I was her client I wouldn't have you back - and if I was in her position I wounldn't waste any more time on you



Sorry that may sound harsh but that is the reality of 2009. It will be survival of the fittest and sorry you dont cut it!!

Answer 4

Forget about the legal point of view for a moment and look at it from the point of view of your employer.



You have gone to work for them to provide certain services and they need to be able to count on your attendance in order to get clients who will pay them, which, in turn, makes it possible for them to pay you.



If you are not available, the people they get their money from are not going to pay them, and may even go to some other agency to get their help, which isn't good for Kelly nor for you.



If you have health issues which make it impossible for you to provide consistent reliable service to Kelly, then maybe you should try to find some kind of employment which in which you can be consistent and reliable.

Answer 5

Kelly Services have failed to adequately train their employees in dealing with absences and appear to have misinterpreted when to invoke discipline. Are you a union member? It's also worth writing a letter to your MP..then, sit back and watch the s*** hit the proverbial. You are too good for the company..so start looking for another job or, you can stick it out and apply for the role of representative.

Answer 6

i was a supervisor for 10 years the way they are doing there disciplinary procedure is wrong dont put up with this bullying behaviour go and see the cab they will put you on the right track as far as i know a sick note of a doctor is sufficient if your off work good luck

Answer 7

Not unusual. They are not disciplining you for being sick, they are disciplining you for your poor attendance record, no matter what the reason. Harsh though it may seem, no employer can afford to keep people on indefinitely if they cannot be relied upon to turn up for work.

Answer 8

There's definitely a stigma in the workplace with depression. I would contact CAB, for free advice.http://www.citizensadvice.org.uk/

Answer 9

1

Answer 10

That is not right, I don`t know the law but would advise you to make an appointment with CAB to see where you stand....

Answer 11

if you have a sick note there is nothing they can do, let them know you have found this out and they will leave you alone

Answer 12

ur attendance seems to be bad..they can't really b1tch about the sick note bit the rest they can..ro it cud be they just don't like u i dunno..u know what to do if u wanna keep ur job

Answer 13

agencys can get rid of you at anytime believe me it happened to me....

Answer 14

Nothing wrong with that.