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Hi,
I'm looking for some help for someone, they were recently dismissed following a period of sickness absence and are wanting to appeal.
They were on a final written warning by the employer which I feel may be unfair, the absence which led to them being on a final written warning originally was in Aug 11 and was due a disability, the employer failed to make any reasonable adjustments, after some discussions between the person and their manager, it was agreed that the final written warning would be rescinded in January 2012. Between Aug 2011 and January 2012 the person had 3 days off for 1 unconnected absence, the manager then gave them another final warning for that absence instead.
What I think is unfair and would appreciate any advice or ideas where to go is that when the manager chose to rescind the formal warning, they were aware the person had another, unconnected short term absence yet still rescinded, I think that as there is a general reduction in numbers in the workforce that they are just looking for any reason to get people for sickness absence, is there anything that says that once a warning has been rescinded it cannot be re-issued for something that happened prior to the date of the warning being removed. After the warning was removed the persons review period for the 1st warning would have expired as they had no further absence in their warning period
There may not be and I may be wrong but any advice would be greatly appreciated.
Thanks
I'm looking for some help for someone, they were recently dismissed following a period of sickness absence and are wanting to appeal.
They were on a final written warning by the employer which I feel may be unfair, the absence which led to them being on a final written warning originally was in Aug 11 and was due a disability, the employer failed to make any reasonable adjustments, after some discussions between the person and their manager, it was agreed that the final written warning would be rescinded in January 2012. Between Aug 2011 and January 2012 the person had 3 days off for 1 unconnected absence, the manager then gave them another final warning for that absence instead.
What I think is unfair and would appreciate any advice or ideas where to go is that when the manager chose to rescind the formal warning, they were aware the person had another, unconnected short term absence yet still rescinded, I think that as there is a general reduction in numbers in the workforce that they are just looking for any reason to get people for sickness absence, is there anything that says that once a warning has been rescinded it cannot be re-issued for something that happened prior to the date of the warning being removed. After the warning was removed the persons review period for the 1st warning would have expired as they had no further absence in their warning period
There may not be and I may be wrong but any advice would be greatly appreciated.
Thanks
