victimisation

[kevinmol]

I work for the NHS. Recently I have been waiting for a cartilage operation, I have been absent for 4 months on the seventh of June. My employers have put me on a stage 1 warning and have now been invited to receive another warning stage 2. We only get 3 warnings. I have 2 workmates 1 was absent for 4 months and the other was absent for six months both people only recieved stage 1 warnings am I being victimised? They are saying that the absence rules have changed( we were TUPEed across can they change my terms and conditions without notification?)Also would waiting for surgery be considered a disability and can they punish me for this?

thank you in advance

Kevin

[Eloise01]

Re: victimisation

Waiting for surgery is not a disability. And even if it were a disability, sickness absence for any reason is subject to sickness absence monitoring and processes. At best, the employer may give some leeway for someone with a disability, but that is all. In the end, processes apply to everyone and exceptions are not made.

I cannot comment on the sickness absence of other people because I have no facts about their circumstances, but no, it is not, in legal terms, victimisation.

I very much doubt that the terms and conditions have changed without notification. The NHS is subject to collective bargaining processes and changes to terms and conditions are negotiated between the employer and the unions. Agreement between the two is all it requires for a legally binding outcome which binds everyone in the workforce. As such, especially if you are not a union member, you may not have noticed the change - but I would be most surprised if this was done without the agreed procedure. But obviously you can ask about this - although it will not allow you to revert to the former conditions just because you say that you didn't know about it.

One of the intentions of sickness absence processes should be to consider other options for a return to work rather than sickness absence. Have you discussed with your employer whether there is other meaningful work that you can do which would enable you to attend work if you are not fit to carry out your current role?

But in the end, the bottom line is that prolonged sickness absence can and will result in dismissal, and provided the employer follows their own policy and ensures that they have explored other options for work if that is appropriate or available, they are legally permitted to dismiss. This is not a "punishment", although I can appreciate that you may not see it that way. It is the outcome of faliing to be in attendance at work, which is what the employer is paying employees for. Dismissals for too much sickness absence are now commonplace; they are (within the coriteria I have said) lawful; and whilst the public sector was once much more lenient (and still is) than many private sector employers, they can afford to be so no longer.