Who decides if you are too sick to work...you or employer?

[TonyG]

I was ill over the weekend but decided to brave it and went to work. Told them I was ill and might not last the day out. That's when I found out they weren't interested in staff being sick. I'd been ill for 3 days and it was getting worse; started out like a cold but turned into something like flu. I told them it was unlikely Id be in work the following morning, Monday, as its getting worse. Their reply was 'you don't know if you'll be worse in the morning'. I said you're right I don't know, but isn't it better we sort out cover now on the off chance that I might be worse - instead of me phoning up at 6am when there will be no time to get cover that early in the morning. They thought about it then agreed. It turns out I was worse and made the right decision. I was only off 1 day and on return to work I had a back to work meeting about why I was off. I said I had cold/flu. The employer now says I couldn't possibly have known I was going to be worse for the Monday morning shift, so I should have come in to work sick and let them decide if to send me home or not. Well, I already tried that on the Sunday and they didn't give a dam about me being sick, and on the monday I wasn't fit to drive to work.

To get to the point; can an employer insist you come into work when you are sick so that they can decide if you are too sick to work?

The employee handbook only says I have to phone them at least an hour before my shift to let them know if im going to be off sick. I gave them a days notice. And an hour before my shift there is no one in store, the manager only gets there at the same time as I do to open it.

[ULA]

Your employer cannot insist that you go into work if you are sick for them to decide to send you home. However, even though you had given your company the "heads-up" that if you did not feel better/or felt worse the next day you would not be in, so that they could arrange cover, you should still have phoned in at store opening time to say that would be the case - just to cover yourself.