Employer not followed its own absence policy..

[corleone9]

Hi,

After some advice will keep it brief, I was off work begining of last year for a week with a condition that needed an operation in Sep 2013 this was managed by Occ health. At the time my manager confirmed to me it would be managed under the long term ill health procedure of the company which is more capability related. Had operation went back to work and was taken to a return to work where my new manager said I had triggered the absence policy with absence over 5%. I knew I hadn't as that was the short term absence procedure for the company, was taken to disciplinary and was given a warning.

Appealed within 5 days. Appeal meeting was 3 weeks later, was asked what I thought absence policy was, explained short term performance related with disciplinary action if not improvement, long term managed on capability. Was told by appeal manager he would need to see occ health reports to see what manager based his decisions on, gave consent.

Next appeal meeting another 3 weeks later and appeal manager starts off with he belives manager followed policy, I explained policy, he had to adjourn, calls me back in and says he needs to adjourn to get info from occ health, I said that I gave consent, he goes not received the reports. Why not say this at the begining.

3rd appeal meeting again another 3 weeks later (process on going for 3 months). The appeal manager has a letter in his hand and reads from it, anything I ask they say refer to the letter. Says its a standard management practice to issue warnings for unacceptable absence levels. Then goes onto say its not in the employee handbook regarding disciplinary action for long term ill health, and they will look to change it and thanks me for bringing this to his attention.

Most of the advice I have on this is that I cant really do anything about this. Even though they have not followed the company policy. The manager in the disciplinary says I have triggered policy when I didn't. And they are going to change their own handbook to try to cover up the manager. Find that unbelievable. Also thanking me for it.
I was also told that no one gets a disciplinary overturned at an appeal, at this company. The union said that the 3 month ongoing appeal shows that the discipline action was not truly instituted due to the alleged misconduct but rather due to the existence of a hidden agenda and the actual charge was a mere pretext. And also when they read from the letter at the 3rd appeal meeting not allowing me to comment on anything, so they couldn't adjoun it for a 4th time.

Anyone been in a similar situation. Thanks for any advice.

[strangewayofsavin]

Re: Employer not followed its own absence policy..

Basically, have they fired you because of this No, is the answer, the only come back you may have is if they use your abscent record as a catalyst to dismiss you in the future, then you may have grounds for a tribunial, but until then keep records of everything that happens at work.

[enquirer]

Re: Employer not followed its own absence policy..

It sounds very much as if you have been targeted by someone trying to make a name for themselves.

Write a letter, in which you set out, point by point, their failure to adhere to their own stated procedures. Attach a copy of those procedures. Send it Recorded Delivery to the MD and keep a copy. This lays a paper trail for a tribunal hearing later.

[corleone9]

Re: Employer not followed its own absence policy..

It sounds very much as if you have been targeted by someone trying to make a name for themselves.

Write a letter, in which you set out, point by point, their failure to adhere to their own stated procedures. Attach a copy of those procedures. Send it Recorded Delivery to the MD and keep a copy. This lays a paper trail for a tribunal hearing later.

Thanks for the replys. I do have all the minutes from the meetings and will keep these.