Disciplinary action due to sick leave

TheDoc

Bambi wrote: »

If they finish his career there then they're looking at a victimization case on top of everything else.

Cold comfort sometimes.

How often do they actually come to pass though? Not overly difficult for a company to outline to the labor court why they chose one candidate over another. (Excluding situations of religious, cultural or racial incident)

Just saying the fact that the OP hasn't walked and flicked the V's indicates he wants to stay there, so legal action should be the last resort. As much as in a perfect world taking legal address against your employer should not affect your standing in the company, we all know that it does and rarely are you coming back from taking that step.

Dyr

TheDoc wrote: »

How often do they actually come to pass though? Not overly difficult for a company to outline to the labor court why they chose one candidate over another. (Excluding situations of religious, cultural or racial incident)

Just saying the fact that the OP hasn't walked and flicked the V's indicates he wants to stay there, so legal action should be the last resort. As much as in a perfect world taking legal address against your employer should not affect your standing in the company, we all know that it does and rarely are you coming back from taking that step.

Not necessarily, if they want someone gone then they'll just dismiss them and take the risk of an unfair dismissal case going against them

This company sound like complete idiots though so god only knows

gandalf

TBH the OP should probably engage with a solicitor anyway to get advice no matter what else is going on in the discussions. He doesn't have to let the company know he is taking legal advice until it becomes clear that HR are sticking to their guns and he has to go down the legal route to resolve things.

OldBean

TheDoc wrote: »

Again I'd stress that you should use a solicitor as a last resort. You use that card, you career is finished in the place.

Completely agree with Gandalf, a solicitor is your next step.

Don't mention a solicitor to anyone in the workplace or peers, or anyone, just go straight to one specialising in labour/workplace disputes and get advice and move from there. Whether you stay exactly where you are, get a promotion, get fired or leave, it will be money well spent in the long term.

Nody

//MOD

OP; if this ends up going legal be careful with how much information you put here; this is for your own best interest in mind.

//MOD

ahnowbrowncow

Put do keep us informed, I'm very interested to see how this works out. Best of luck Op.

DJMG92

Me to. Please keep us informed. I'd say it's not a pleasurable time nor an easy one at present for you, so we're here to help if we can

FishOnABike

WrittenWarning wrote: »

I'm the OP.

Thanks for all the replies. No prior warnings informal/written with this or any other company.

My sick leave is as stated.

I've asked around and something is going on. Manager friend at a similar level is having a similar issue due to allowing his team to arrive late in the morning, after working long days on a project over several days (long days as in 16 hour days 4 days in a row). Previously this was never an issue.

All very strange as up to this point a great place to work.

Both senior managers very supportive and both have no idea what is going on.

Went to Solicitor who gave me some very good advice which I've followed.

I'll keep you all posted.

As other posters have said there's something more to this than your sick leave. I'd be looking at the wider business picture here.

Are there any merger / acquisitions / restructuring / cost cutting measures possibly in the offing ? Don't answer here - it might reveal too much potentially identifying information, but consider the business background.

Sidelining senior staff to encourage them to resign sooner rather than possibly have to pay out large redundancy payments later is one possibility.

HR / the company may be setting the stage to bring in fresh blood to the senior management position opening up soon by undermining you and other internal manager's prospects for promotion into the position. An external candidate might be preferred as they could bring in new industry contacts and contracts.

There's bound to be other reasons but as it's not just you it's probably more to do with the company's plans or HR's agenda.

Clearlier

I'm sorry that this has happened to you.

I don't think that anyone has mentioned yet the need to keep a written record of everything that has happened. Dates, times, actions. Take copies of any written communications. Make and keep as detailed a record as you can.

It does seem like neither you've got a spectacularly inept HR department or you're being targeted by someone. Your manager supportive though he may be is unfortunately not likely to be in a position to help. With retirement around the corner he is likely being sidelined already. You need to see if you can find someone senior in the organisation who can find out where this is coming from and make a call on whether this is something you can fight or not.

You may need to make a call on whether to accept the written warning or not tomorrow. That's where the advice of a good solicitor could be invaluable.

Good luck.

Rogueish

Unfortunately I have no advice to add but just want to wish you the best of luck. After 20 years it seems like a major kick in the 'nads.

Keep your head up and try not to get too stressed. Easy for me to say but work is just 'work' despite the time and effort invested in it. Work your contacts and take your solicitors advice.

After 20years in the organisation you have a good feel for the organisation - go with your gut instinct.

Mumha

WrittenWarning wrote: »

I'm the OP.

Thanks for all the replies. No prior warnings informal/written with this or any other company.

My sick leave is as stated.

I've asked around and something is going on. Manager friend at a similar level is having a similar issue due to allowing his team to arrive late in the morning, after working long days on a project over several days (long days as in 16 hour days 4 days in a row). Previously this was never an issue.

All very strange as up to this point a great place to work.

Both senior managers very supportive and both have no idea what is going on.

Went to Solicitor who gave me some very good advice which I've followed.

I'll keep you all posted.

Well done on going to a Solicitor, I'd advise anyone else to do the same.

My partner has received something similar, without any notification that his previous (excellent) attendance was an issue, or likely to be. This is someone who has worked for the company for 30 years. American multinationals are notorious for this sort of nonsense. Out of 3 sick instances, 2 were certified and the other was after his father died. So, he has been told that if he has another instance (certified or not) within the next 12 months, he'll receive a formal warning. This is morally wrong, as he is being punished for those who are doing the Monday/Friday sick note stuff. The union weren't much help, all they wanted to do was to use that to fight the company against going after the sicknote crowd. Great country.

Wanderer78

Mumha wrote: »

Well done on going to a Solicitor, I'd advise anyone else to do the same.

My partner has received something similar, without any notification that his previous (excellent) attendance was an issue, or likely to be. This is someone who has worked for the company for 30 years. American multinationals are notorious for this sort of nonsense. Out of 3 sick instances, 2 were certified and the other was after his father died. So, he has been told that if he has another instance (certified or not) within the next 12 months, he'll receive a formal warning. This is morally wrong, as he is being punished for those who are doing the Monday/Friday sick note stuff. The union weren't much help, all they wanted to do was to use that to fight the company against going after the sicknote crowd. Great country.

these stories are deeply worrying me. it seems like they are becoming the norm. our labour market is in a very sorry state at the moment. we desperately need some sort of union movement in this country or we re gonna end up in serious trouble. i wish you and your family the best in trying to deal with this. families have enough to be worrying about at the moment to be also dealing with this crap.

Michelle_b

Def a solicitor and protect yourself. Hope everything works out for you. 20 years is long time to dedicate to a company but does sound like there is something much bigger going on here... 20 years would be large redundancy if that's what could happen so pushing people out to look elsewhere for jobs easier for them. Unfortunately I myself have seen this.. Companies bully boy tactics and breaking labour laws. It's very disappointing when you have given so much to company. Good luck with everything and take care of you

Squatman

any update on this op?