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Disciplinary

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  • Disciplinary

    I have an adult disabled daughter who has an undead le disability, my work are going through the disciplinary process due to time off . We are talking random days generally however she’s now in hospital having surgery tomorrow.

    when I go back to work I expect the next record of conversation.

    can they do this ?
    Tags: None

  • #2
    Sorry can i just clarify your daughter has a disability and she was in surgery today - I hope that all went well.

    Can I just ask a few questions:

    Are you her carer?
    Has your employer acknowledge you are her carer?
    When you are off work is this to care for your daughter?
    Are these days off paid by your employer?


    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    • #3
      She is disabled and I am her carer work knowledge it

      surgery was cancelled yesterday but is going ahead today

      time off is unpaid and always to care for her

      her issues include epilepsy which can be unpredictable

      currently she is going through a bad patch health wise

      my employer is following their disciplinary process and I expect a second record of conversation when I go back

      Comment


      • #4
        As a carer for your disabled daughter you do have rights to take time off to care for her.

        I am not clear, but does your company's absence management policy reference disciplinary action if you have had xxx number of days off on an escalating ? Are they following this rigidly rather than looking at the reasons for your absence i.e. to undertake your caring responsibilities?

        You do have protections under:

        1. Time Off for Dependants
        2. Carer’s Leave
        3. Discrimination by Association

        As a suggestion you could email your company and explain that your time off has been in relation to caring responsibilities and ask them to review or pause the disciplinary process as a consequence. Ultimately you could raise a grievance to challenge the process.



        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          The company policy kicks in once you have had 3 absences in 6 months , this is separate to any sickness leave i may have in the same timeframe .

          Comment


          • #6
            The company should give consideration to absences that are in relation to your role as carer. They can run an absence‑related disciplinary process in principle, but they must not apply it rigidly or ignore any absences arise from caring for a disabled child. Doing so risks discrimination by association, failure to allow statutory dependants leave, and unreasonable application of policy.

            As I have set out in my post #4 you should discuss this with


            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment

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