Off Topic Not sure who to speak/complain to...

I thought I'd ask on here as there are a fair few people from different backgrounds who might be able to help me.

My wife has received a letter from her work (a healthcare company in the East Riding that isn't the NHS) saying that she has been given a formal warning for absence. She has been off sick 5 times between last September and this October, as follows:

1. In September of last year her father passed away (he was in his 50s). As Mrs Archer is from Scotland, she had to obviously help her Mum with funeral arrangements and with emotional support for herself, her Mum and younger brother. She also helped with other arrangements and advice and spent time up there before and after the death (he had cancer and she was told he was going to die so she drove straight there). She had to take unpaid leave as apparently her work don't give her compassionate leave as part of their policy.

2, 3 and 4. A few days off throughout the year due to genuine illness - she works in a hospital and works bloody hard, it's a miracle she isn't off more. She goes in when not 100%, which in a hospital isn't a good thing, but with this policy she's scared to stay off as "we have bills to pay".

5. A couple of weeks after getting back from our honeymoon, she was struck down with a life-threatening case of pneumonia, for which she was quarantined and was touch and go for a while. On day 2 of said illness, her manager was ringing for updates, asking whether she would be in work and was ringing every day (I was visiting every day and eventually answered the phone pretty frankly and told her that she'll be well enough to talk when she's conscious). She missed 2 weeks of work and has gone back with a phased return as she still gets tired and breathless from her job. She's much better now and is starting full days again this coming week. However, she's been referred to occupational health to stop smoking as they figured this was why she caught pneumonia (she wants to anyway, but that should be up to her right?). She feels like she had to accept it because if she didn't she'd be seen in a bad light. She's also noted that other staff members who smoke haven't been offered the same deal despite them also taking a few sick days out of the year.

Now, this strikes me as, to be perfectly honest, bollocks. What kind of company punishes people for being ill? She works long hours in a healthcare environment and then they punish her for being sick? Am I missing something here? Is this common practice for healthcare? Whatever the reason, I'm not happy about it. If it's a case of "I'm afraid that's life", then fine, but it's a ****ty policy and it's not on. If there's something I can do, I'd like to do it. My wife isn't lazy, not at all, she works bloody hard (we both do) and if she gets ill she should be able to rest and recuperate at home without the fear that her job might be at stake when she returns. I can't talk to the healthcare ombudsman because they only cover the NHS, not private. I could complain to the company, but I'm afraid they'll take it out on her.

Any help would be appreciated, I'm at my wits end with this and she's only going to get sick again from working too hard.

 

Bastards.

I take it she's not in a union? And/or they don't recognise the relevant unions because they can get away with it?

 

I don't think she is, she's part of a charter as her profession demands, could they help?

 

Probably not want you want to hear, but can't she get a job elsewhere?

I suspect they know what they're doing, and I agree it's ****ty, hence why I'd suggest going to another company.

Other option is go talk to Citizens Advice.

 

It's complicated, she's paid more for her level than she would in the NHS (6) as it's private. In a year's time she'll have the experience to apply for band 7 jobs, but if this is the attitude she'll not be there long enough.

I'll add that she is happy with every other aspect of the job, she loves what she does and her peers that she works with. If she gets a job elsewhere, she'll earn less. It'd be nice if she could open a private clinic, but we don't have the money for that sadly.

 

Have they been through a disciplinary process in line with their attendance & disciplinary policies?

 

It’ll upset some of the bell-ends on here but tell her to unionise now. Some unions have a 3 month buffer (or maybe more), some, once you've joined - that's enough.

It’s not a magic bullet, and sometimes, unfortunately, they can be only as good as the rep you have, but all in all, it’s worth it for a multitude of reasons and she’ll have access to all kinds of support.

Good luck with it though - it sounds like they’re being ****s.

 

I work for a local authority and similar absence would trigger a formal warning (actually 3 absences would trigger it). Having said that though, she would still need several other sickness episodes before she would reach 'at risk of dismissal' meetings, and then further episodes to lose her job. It is to root out those who genuinely take the piss. Sometimes too lenient so as not to impact on those who disabilities. I think it's reasonable way to monitor. I haven't had to manage such a situation but its apparently not very forgiving for anyone with a terminal illness. how does private sector compare, cos public sector had the reputation of staff taking the piss?

 

Does she know of others that have had a similar amount of time off, and not received the same letter?

If it's standard policy, I suspect the number of occasions sick can trigger the procedure. If they apply it to all equally, I doubt there's much you can do. If they're not applying it equally, then it is victimisation.

 

I agree but social/health care unions are a total joke nowadays

 

Yeah, it's the policy I take issue with. How can people work effectively if they face losing their job when ill? She works in a hospital so she's obviously going to get sick, but at the same time, if she picks up a cold or flu, she can't brave it and come in without risking the lives of her patients. What annoys me is that this doesn't seem to be taken into consideration, simply the fact that she is absent and therefore at fault. I can understand it in other lines of work where things like illness are less commonplace, but in a hospital?

 

Others have had time off, for different but very good reasons. One lad had to take time off because his daughter was very unwell, he wasn't allowed to take this as leave.

 

Could you find out if they received the same warning letter?

Does it give an expiry date for the warning on the letter your wife received?

 

This. If they are applying their policies (that level of sick leave would trigger the potential for a warning at my workplace) then I’m not sure there is much you can do. If they don’t have a policy or are misapplying it, question the warning without kicking up a stink.

I’m not sure it’s necessary to consider a first warning as a punishment - but I can why it would feel like that. And I would guess she is a long way from losing her job, which you’ve mentioned above as a fear.

 

It does feel like it is, I can't understand why you'd warn anybody unless they had done something wrong or incompetently. They need to change their policy, it doesn't feel fair and it could quite easily be more accommodating, but that would cost money. And that's what it boils down to. It's the emotional side of it. Losing a father and having a life-threatening illness within a year is unfortunate and distressing, but not punishable. It's just salt in the wound.

 

Fair enough. But those kind of life events happen to loads of people all the time and the sick leave rules you describe are quite common in public service jobs, so I guess they will have encountered the same issue.

I’ll repeat my edit that I made before you quoted - a written warning is a long long way from dismissal.

 

How have they managed the absenteism throughout the year? Has it been mentioned in appraisals? Apart from the phased return has any other support been provided? The purpose of any disciplinary process should be to improve performance, check the policy. What have they put in place to support your wife in improving her performance in regards to her attendance?

Over how long a period is sickness absence recorded? Eg Jan-Dec or a rolling 12 months? Has it all been sickness or was some of the absence bereavement leave?

Was she given the chance of representation at any meetings?

Question the process if you want to appeal the outcome.

 

Obviously having lived in Canada for the last 45 years I am no longer familiar with British Labour Law, but have you explored the following ?
1) Does she have a labour contract with her employer ?
2) Does that contract specify details of company policy about time allocated off for sickness (her own and her family illness/family bereavement) ? Was that information provided to her at the time she was hired or later ?
3) As Sir Cheshire Ben suggests in the previous post, has your wife been advised by her superiors (boss, Human Resources) ,in writing, at appropriate times throughout her sequence of absences outlining consequences ?
4) Did she ask permission from her superiors for abscense from work in the various events as they occurred ?
4) Have you contacted a labour lawyer about her situation ? It may be worth paying what I assume would be a nominal fee to a labour lawyer for a preliminary session, to present the facts and get their input to help steer you in the right direction and assess the chances of success. Be wary of getting sucked in too deeply with this approach mind.
5) Have you got a good understanding of the rules governing a similiar situation had she been employed by the NHS in a similar role ?

 

My mate got sacked after being off sick twice for injuries he sustained at work.

He got a fair wedge off them for the actual injuries but the dismissal was apparently fair and in line with company policy!

Figure that one out.

 

Nothing as far as I'm aware. It might be why they gave her the occupational health reference, but I'm not buying that. She didn't get ill when she worked for the NHS in the same role and that was much harder work. This is a private hospital with a better standard of care, yet she's having to work just as hard because she's often the only person in her department on the ward. It's apparently monitored during a 12 month period, not Jan-Dec.

I mean her Dad can't die again, I don't know what they can do to stop bereavements other than not be ****ty about it. It wasn't even about her not being paid, just that it contributed to her getting a warning.

My problem with this policy is that none of what has happened to her was avoidable. She wasn't in control of what happened, it was illness. But she's been warned about her attendance at work. Warned. That's the key word for me because you don't warn somebody unless they've done something wrong. She hasn't done anything wrong or preventable.

I do appreciate the advice though, thank you everybody.