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Hi,
I just wanted some quick advice on my employer and their absence procedures if possible please.
My employer is a large company with around 200 employees just in my section and thousands throughout Europe. I am data inputter, have been with them for just over 5 years and have a heart condition which is covered by the Equality Act. They have always been fully aware of this. However my query doesn't concern my disability directly.
In December last year I pulled a muscle in my back and had to have around 10 weeks off work. Throughout this time, I kept in regular contact with my employer, provided them with the relevant fit notes and complied with anything they asked of me such as telephone consultations with HR and to be assessed by occupational health. I was referred to physiotherapy by my GP and attended this while following all the advice he was giving me to improve my situation. The OH assessor confirmed that due to the nature of my injury and the nature of my job, staying at home and attempting the physio exercises were the right thing to do. She also said that being as I was limited to paracetamol due to the prospect of problems with my heart medication interfering with stronger analgesia, I was hindered on recovery moreso than a fully fit person. She suggested a phased return to work which I agreed to and completed until the COVID outbreak.
On my return, I was summoned to a meeting to discuss my absence as it was over 10 days. I assumed that there wouldn't be a problem as I have a good attendance record and this absence was fully documented, I had complied with every request and more importantly, all medical advice had said I needed to stay off then do the phased return. The meeting took place on the 20th March and then I received a letter on the 31st March. At this point, I was not at work as I was shielding for 12 weeks on GP and Govt advice re COVID. The letter stated that I would be receiving a first written warning due to having over 10 days off work. I was very annoyed as feel it is completely unjust and so attempted to call the number of the issuing manager from the letter. I attempted contact twice and left VM's but had no return phone call. I decided to write my appeal letter, stating my grievances regarding the decision and asking which part of the absence policy would justify this decision. I sent this via email to the address provided. However I received no reply or response whatsoever. I returned to work a couple of weeks ago after my shielding period had ended and asked a supervisor about the warning. She said she would check with the relevant person and get back to me but she didn't. On Friday of last week, which is almost 3 months after I sent the appeal letter, I saw the manager who was meant to assess the appeal. and he said he hadn't got round to it but would arrange a meeting. Today I received notice of a meeting to hear the appeal on Friday 3rd July.
My question is firstly, does it sound like a written warning can be justified given all the circumstances? Secondly, is there a time limit to which they need to reply to an appeal? I feel slightly discriminated against as know a colleague of mine had 4 weeks off with an illness and didn't even have a meeting, let alone a written warning. There have been other issues that I have always had to stand my ground with the management in general in regard to my treatment re my disability so just wanted to check where I stand with this again.
Thanks in advance
I just wanted some quick advice on my employer and their absence procedures if possible please.
My employer is a large company with around 200 employees just in my section and thousands throughout Europe. I am data inputter, have been with them for just over 5 years and have a heart condition which is covered by the Equality Act. They have always been fully aware of this. However my query doesn't concern my disability directly.
In December last year I pulled a muscle in my back and had to have around 10 weeks off work. Throughout this time, I kept in regular contact with my employer, provided them with the relevant fit notes and complied with anything they asked of me such as telephone consultations with HR and to be assessed by occupational health. I was referred to physiotherapy by my GP and attended this while following all the advice he was giving me to improve my situation. The OH assessor confirmed that due to the nature of my injury and the nature of my job, staying at home and attempting the physio exercises were the right thing to do. She also said that being as I was limited to paracetamol due to the prospect of problems with my heart medication interfering with stronger analgesia, I was hindered on recovery moreso than a fully fit person. She suggested a phased return to work which I agreed to and completed until the COVID outbreak.
On my return, I was summoned to a meeting to discuss my absence as it was over 10 days. I assumed that there wouldn't be a problem as I have a good attendance record and this absence was fully documented, I had complied with every request and more importantly, all medical advice had said I needed to stay off then do the phased return. The meeting took place on the 20th March and then I received a letter on the 31st March. At this point, I was not at work as I was shielding for 12 weeks on GP and Govt advice re COVID. The letter stated that I would be receiving a first written warning due to having over 10 days off work. I was very annoyed as feel it is completely unjust and so attempted to call the number of the issuing manager from the letter. I attempted contact twice and left VM's but had no return phone call. I decided to write my appeal letter, stating my grievances regarding the decision and asking which part of the absence policy would justify this decision. I sent this via email to the address provided. However I received no reply or response whatsoever. I returned to work a couple of weeks ago after my shielding period had ended and asked a supervisor about the warning. She said she would check with the relevant person and get back to me but she didn't. On Friday of last week, which is almost 3 months after I sent the appeal letter, I saw the manager who was meant to assess the appeal. and he said he hadn't got round to it but would arrange a meeting. Today I received notice of a meeting to hear the appeal on Friday 3rd July.
My question is firstly, does it sound like a written warning can be justified given all the circumstances? Secondly, is there a time limit to which they need to reply to an appeal? I feel slightly discriminated against as know a colleague of mine had 4 weeks off with an illness and didn't even have a meeting, let alone a written warning. There have been other issues that I have always had to stand my ground with the management in general in regard to my treatment re my disability so just wanted to check where I stand with this again.
Thanks in advance
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