Disciplinary for Supposed Unauthorised Absence

[propyl21]

Hi all,

I'm hoping you can help me with my upcoming disciplinary. I'll try to keep it short and precise as per how things happened.

I was absent for 2 weeks due to my ongoing health condition. (kidney failure)

My line manager and I had an agreement that on certain days, I would be allowed to work from home due to my condition.

During the 2 weeks, I would intermittently email/call my line manager regarding my state of health.

My line manager left for a different office halfway through my absence. At this time, my new line manager introduced a new rule that all employees should call in everyday and must speak to a manager regarding illness. I continued to email my line manager.

During the 2 weeks, I could not get a same-day appointment at my GP, where appointments are like gold dust. I was finally able to see a GP and obtain a Fit for Work note, which I presented to my line manager as well as filling out my self cert. At this point HR were not accepting my Fit for Work note, as they claimed it did not cover my absence. (GPs cannot backdate a fit for work note)

During the signing of the self cert, my manager produced a plain piece of paper (not part of any company policy documentation) with several questions on it such as "were you aware of company policy regarding absences" to which I answered "yes". I was asked to sign the plain paper and date it.

The very next day i received an invitation to a disciplinary hearing on two counts:

"Failure to comply to company policy in adherence to absences"
"Failure to comply to request of sick note covering absence dates - unauthorised leave"

Was I duped into signing what was essentially a non-binding piece of paper, which then kickstarted the disciplinary?

I have 3 days to get all information and documentation together, which is very stressful especially with my current condition.

Is there a hidden agenda here at play?


Thank you for reading.

Edit: Spelling errors.

[Kati]

Re: Disciplinary for Supposed Unauthorised Absence

tagging [MENTION=77627]Openlaw15[/MENTION]

[Openlaw15]

Re: Disciplinary for Supposed Unauthorised Absence

Hi all,

I'm hoping you can help me with my upcoming disciplinary. I'll try to keep it short and precise as per how things happened.

I was absent for 2 weeks due to my ongoing health condition. (kidney failure)

My line manager and I had an agreement that on certain days, I would be allowed to work from home due to my condition.

During the 2 weeks, I would intermittently email/call my line manager regarding my state of health.

My line manager left for a different office halfway through my absence. At this time, my new line manager introduced a new rule that all employees should call in everyday and must speak to a manager regarding illness. I continued to email my line manager.

During the 2 weeks, I could not get a same-day appointment at my GP, where appointments are like gold dust. I was finally able to see a GP and obtain a Fit for Work note, which I presented to my line manager as well as filling out my self cert. At this point HR were not accepting my Fit for Work note, as they claimed it did not cover my absence. (GPs cannot backdate a fit for work note)

During the signing of the self cert, my manager produced a plain piece of paper (not part of any company policy documentation) with several questions on it such as "were you aware of company policy regarding absences" to which I answered "yes". I was asked to sign the plain paper and date it.

The very next day i received an invitation to a disciplinary hearing on two counts:

"Failure to comply to company policy in adherence to absences"
"Failure to comply to request of sick note covering absence dates - unauthorised leave"

Was I duped into signing what was essentially a non-binding piece of paper, which then kickstarted the disciplinary?

I have 3 days to get all information and documentation together, which is very stressful especially with my current condition.

Is there a hidden agenda here at play?


Thank you for reading.

Edit: Spelling errors.

It sounds like to me that your company has rather unclear company procedure, which is strongly in your favour. You simply need time to arrange and prepare for a disciplinary hearing, in my view a very unfair disciplinary at that. You're permitted to postpone the disciplinary as 3 days is clearly not enough notice to prepare. You're permitted by law to have someone accompany you at the disciplinary hearing.

The employer must also tell you about the appeal process. It also sounds like you had an arrangement for your kidney problems with your 1st line manager, which amounts to a reasonable adjustment, ie one day working from home The fact that this other line manager has changed the terms of your employment that this could amount to a breach of contract, and if you were to leave the job now a potential claim for constructive dismissal at a tribunal. It's also possible that your kidney problems amount to disability and therefore a claim for disability discrimination or victimisation (ie suffering a detriment).

[propyl21]

Re: Disciplinary for Supposed Unauthorised Absence

It sounds like to me that your company has rather unclear company procedure, which is strongly in your favour. You simply need time to arrange and prepare for a disciplinary hearing, in my view a very unfair disciplinary at that. You're permitted to postpone the disciplinary as 3 days is clearly not enough notice to prepare. You're permitted by law to have someone accompany you at the disciplinary hearing.

The employer must also tell you about the appeal process. It also sounds like you had an arrangement for your kidney problems with your 1st line manager, which amounts to a reasonable adjustment, ie one day working from home The fact that this other line manager has changed the terms of your employment that this could amount to a breach of contract, and if you were to leave the job now a potential claim for constructive dismissal at a tribunal. It's also possible that your kidney problems amount to disability and therefore a claim for disability discrimination or victimisation (ie suffering a detriment).

Thank you for your reply.

I am not a member of any union, so unfortunately I cannot make use of a qualified experienced rep.

Do I have the right to postpone the disciplinary hearing? And if so, for how long?

During completion of my self cert, when I signed the plain piece of paper, I did so in good faith, yet it was used as evidence of accepting responsibility for my absences and knowledge of company policy. Is this a breach of contract? At no point during answering the questions or signing the paper was I told what the ramifications would be. No warning of a disciplinary.

The instant invitation to a disciplinary leads me to believe that no investigation has taken place.

As part of collecting evidence, Am I entitled to request for the correspondence between my new line manager and HR? I feel there are emails between him and HR that should be present at the hearing. Reason being that While having sat next to my manager, I have seen emails in his inbox at a glance - titled: "Propyl21 - Accepting Responsibility of Absence" - I did not accept anything...

[Openlaw15]

Re: Disciplinary for Supposed Unauthorised Absence

Thank you for your reply.

I am not a member of any union, so unfortunately I cannot make use of a qualified experienced rep.

"Do I have the right to postpone the disciplinary hearing? And if so, for how long?"

You could postpone the hearing for about a week to arrange someone to accompany you and prepare a defence. You need a witness statement or their presence at the disciplinary hearing. Your boss who gave you permission to have a day working at home a week is your main evidence. Is this person willing to support you as a witness. If not, you can call him as a witness to a tribunal, if he won't come voluntary you can ask the tribunal to force their witness testimony.

"During completion of my self cert, when I signed the plain piece of paper, I did so in good faith, yet it was used as evidence of accepting responsibility for my absences and knowledge of company policy. Is this a breach of contract? At no point during answering the questions or signing the paper was I told what the ramifications would be. No warning of a disciplinary."

You can argue you were manipulated into signing this piece of paper by the new line manager, where a workable system had already been agreed with the previous line manager, ie "My line manager and I had an agreement that on certain days, I would be allowed to work from home due to my condition. I continued to email my line manager."

"My new line manager introduced a new rule that all employees should call in everyday and must speak to a manager regarding illness." Tell them (at the disciplinary) you signed a plain piece of paper so in your view it cannot form part of company procedure as would be rather unclear whether this was company policy, or if it were procedure, argue, at the disciplinary/ and or tribunal, that it is should not be admissible (not permitted) as it contradicts the agreement you had with the first manager and overall make company policy unclear. The law is that company policy should be clear: Liberty Living plc v Reid (2010). It is not clear if your main line-manager agrees something before he moved, but a new second manager by making you sign said piece of paper which effect worsened your position. It is also not clear company policy whether a piece of paper without company name is clear policy especially where the previous line manager and yourself had already an existing arrangement in place, which is clear: Liberty Living plc v Reid (2010).

"The instant invitation to a disciplinary leads me to believe that no investigation has taken place."

ACAS states the timeframe for an investigation depends on what is being investigated. 3 days in my view is too short as you need the evidence from your first line-manager, who should provide a statement to the new line manager

As part of collecting evidence, Am I entitled to request for the correspondence between my new line manager and HR? I feel there are emails between him and HR that should be present at the hearing. Reason being that While having sat next to my manager, I have seen emails in his inbox at a glance - titled: "Propyl21 - Accepting Responsibility of Absence" - I did not accept anything...

Yes, you are entitled to request any evidence that helps your case/ defence.

[propyl21]

Re: Disciplinary for Supposed Unauthorised Absence

So I had my disciplinary last Friday, and I had my contract terminated with immediate effect. I was escorted out of the building. I've never ever been treated so poorly in my life.

I didn't have enough time during the 3 days in contacting my previous manager to get their testimony.

Despite putting forward my case that I had a reasonable adjustment in place with my previous manager, the verdict was that there was no proof of such an agreement, and that I has failed to provide a sick note as they had requested, despite telling them several times that I could not get an appointment.

This verdict was carried out by a colleague who essentially sat next to me all year, yet somehow had a memory wipe when it came to remembering that I had an agreement with my ex manager. Absolute abhorrent people.

As expected, they used the white piece of paper that I had signed as evidence that I had knowledge of company policy.

I feel utterly dejected. I now face a very difficult struggle to find a job on top of my worsening condition.

It's obvious that they used some bulls*it technicality to get me out instead of having to deal with a sick person.

I've been waiting for my appeal papers, which were supposed to arrive on Monday but nothing so far.

They have broken every rule for fair policy and I'm left to face mounting bills. I've been told that since I had only worked there for a year, that I cannot appeal in the same way as those who work for 2 years or more.

Please help me out in this situation as I feel lost and don't know who to turn to.

Edit: spelling errors fixed.