Written warning for absence - produced sick note

[rach321]

Hi, I have recently recieved a written warning from work, as I have had 8 shifts of within 26 weeks. 5 days of that was under a self cert form with a 'viral infection' (doctor thought it was potentially a mild form of chicken pox - and that i was to stay off work). The 3 shifts was for a water infection/virus.


I had a meeting about my absence and was told i was to recieve a written warning - despite them telling me to follow doctors orders - which i did. I have appealed their decision, even producing a doctors note to say I wasn't fit for work - but my appeal has been declined.

They said that because my doctor didn't specify it was definately chicken pox then it doesnt fall under the right 'code' from PPS.
My doctor said that due to my job (store assistant) I shouldn't be around people as I was potentially contagious. Surely they can't punish me for following the doctors advice - especially since I have produced a sick note.


Can I do anything? Thanks

[Eloise01]

Re: Written warning for absence - produced sick note

Yes they can and no you can't. I am relatively certain that you have misunderstood what has happened here. You have been warned under a form of "managing sickness absence" policy, which are now extremely common in workplaces. The aim of these policies is to reduce sickness absence amongst employees. They do not distinguish between "real" sickness and "made up" sickness - sufficient days off sick and/or numbers of occasions sick, and you will receive a warning. Get sufficient warnings and you may be dismissed. They are not about whether the sickness is genuine - if the employer believes you are lying about sickness then that is a separate matter.

[rach321]

Re: Written warning for absence - produced sick note

I'm not disputing the amount of days -however what is the purpose of a doctors note? They had told me to follow doctors orders - they practically sent me home, had it not been for them or my doctor I would have turned in for work. I told them my GP said it was potentially contagious, so they said we had to follow medical advice. If I knew they were going to punish me and ignore the medical advice I would've just turned up for work

[CleverClogs]

Re: Written warning for absence - produced sick note

I'm not disputing the amount of days -however what is the purpose of a doctors note? They had told me to follow doctors orders - they practically sent me home, had it not been for them or my doctor I would have turned in for work. I told them my GP said it was potentially contagious, so they said we had to follow medical advice. If I knew they were going to punish me and ignore the medical advice I would've just turned up for work

Next time, do turn up for work and pass the infection round the firm.

It will serve them right. :rofl:

[Eloise01]

Re: Written warning for absence - produced sick note

I'm not disputing the amount of days -however what is the purpose of a doctors note? They had told me to follow doctors orders - they practically sent me home, had it not been for them or my doctor I would have turned in for work. I told them my GP said it was potentially contagious, so they said we had to follow medical advice. If I knew they were going to punish me and ignore the medical advice I would've just turned up for work

I am sorry. This is the way of the world now. It doesn't matter whether sickness is genuine or not. The purpose of the doctor's note is to advise you. It is not a "free pass". I don't like it any more than you do. But it's lawful. Your employer employs you to work, not to be off work. And I'm afraid that's the world we currently live in.

[rach321]

Re: Written warning for absence - produced sick note

I wasn't treating it as such, but I just don't see the point in them telling me the importance of GP's advice for them to just ignore it later on.

So essentially, they can overrule medical professionals if they want?

[CleverClogs]

Re: Written warning for absence - produced sick note

I wasn't treating it as such, but I just don't see the point in them telling me the importance of GP's advice for them to just ignore it later on.

So essentially, they can overrule medical professionals if they want?

Yes.

And thus it's their fault if the rest of the workforce goes down with terminal lurgy.

[Eloise01]

Re: Written warning for absence - produced sick note

They are not ignoring it. They are not overruling the GPs advice to you. They are implementing a policy that says that if you have too much sickness there are consequences. Everyone gets treated the same, no matter what is wrong with them and whatever their GP said to them. I'm sorry but I have explained it to you. There is no point arguing the toss with me. This is the way it is. Too much time off sick gets you warnings and can lead to dismissal.

[CleverClogs]

Re: Written warning for absence - produced sick note

They are not ignoring it. They are not overruling the GPs advice to you. They are implementing a policy that says that if you have too much sickness there are consequences. Everyone gets treated the same, no matter what is wrong with them and whatever their GP said to them. I'm sorry but I have explained it to you. There is no point arguing the toss with me. This is the way it is. Too much time off sick gets you warnings and can lead to dismissal.

And someone at work with a contagious disease shouldn't get a warning even if someone else gets ill and dies?

[rach321]

Re: Written warning for absence - produced sick note

I'm not arguing with you =S I'm just trying to understand everything. It seems ridiculous that that's the way it is. I have a potentially infectious disease/infection - and they haven't taken into consideration my own circumstances - I understand I have had x amount of shifts in x amount of time, but the first 5 days they TOLD me not to come in?!?!

Urgh, I apologise if I am coming across as argumentative, that isn't my intention, I just don't understand how they can tell me to do one thing then punish me for it - I'm not disputing anything about the policy in regards to my shifts, but they can't tell me to not come in then tell me I should've been there.

frustrating times.

[Eloise01]

Re: Written warning for absence - produced sick note

No I know you aren't really arguing with me. This is just the way it is. Sickness is sickness. Sickness absence is absence. Absence is not tolerated. As I said before, I do not like these policies. They are a product of two things. People who lie about sickness. And the fact that people can be replaced very easily. But the key to these policies being legal is that they must be applied to everyone, no matter whether genuine or not, no matter the reason.

[rach321]

Re: Written warning for absence - produced sick note

So, being on my warning means no pay rise/bonus for 12 months. If they have promoted somebody else in the company who was on a warning - would that constitute as the policy not being carried out equally?

[Eloise01]

Re: Written warning for absence - produced sick note

And someone at work with a contagious disease shouldn't get a warning even if someone else gets ill and dies?

You are really not helping.

[Eloise01]

Re: Written warning for absence - produced sick note

So, being on my warning means no pay rise/bonus for 12 months. If they have promoted somebody else in the company who was on a warning - would that constitute as the policy not being carried out equally?

No - you are alleging discrimination now, and discrimination in law only "counts" on the basis of certain protected characteristics such as race or age or gender.

[rach321]

Re: Written warning for absence - produced sick note

But if Im not allowed a pay rise, how can someone else get a promotion which includes a pay rise?!