Anyone help on this.

My wife had an accident at work and ended up with a fracture and a pot on, she has been on sick with it for 4 weeks and does not get the pot off for another 4 weeks. Her boss (local authority) rang her today to tell her that he is giving her a formal warning for her sick record (last sick was 3 years ago), which has really upset her.

Can they do this, especially as she did it working for them.

Her work mates had told her to claim, but she refused saying it was an accident and no-one was to blame. Loyalty eh!!

My understanding is that a) her boss is a and b) she should fight this.

Is she a member of Unison, one of few occasions where they might actually add value if she is

If the accident was at work........

She is in Unison. She is still a bit shell shocked after the call.

My company monitor sickness and have a warning system, but not for a clear case of accident as is this case, its more for patterns of sickness behaviour that are dodgy.

Not everyone is corrupt Dally. Plenty of witnesses and immediate transfer to hospital, you read too many right wing rags.

Your company probably uses the "Bradford Score" or similar, which is a calculation on duration and frequency, one lot of seven days gets a lower score than seven incidences of a single day (as 7 days straight is more likely to be a genuine illness).

Has she had a formal warning in writing, a hearing of any kind, she should look to take someone in to her return to work interview as well.

If she can't get a Union Rep to do it PM me, I know a couple of people who might be able to help, I assume we're talking either HCC or EROYC?

He phoned her to tell her of the formal warning, nothing in writing yet. Hopefully Unison will provide the representation, if not I will PM you, thanks for the offer. Your assumption on employer is correct.

Surely it went in an [iaccident book[/i on site, at work?

There's a few odd things here.

A formal warning can only be made in written form, her manager (we'll say "he" as an assumption) may have decided to issue a verbal warning, but he cannot do that without the HR departments backing. It sounds to me like "he" is on very dodgy ground, especially for an accident at work (was she working at height or anything)?

we'll put club allegiances aside for this one I think.....

Indeed, the manager in question may come to regret this action, both Councils are facing cuts and looking for redundancies, someone acting outside the HR policy is one of the easiest targets going, especially if they didn't consult HR, and if they did and HR got it wrong (as they so often do) then there might be two birds with one stone.

Of course.

Have you got an e-mail address for her employers HR department?
I might put an early application in for her bosses job.

I can only assume he rang to inform her and any paperwork is flying on its way. I thought it odd, I would have expected an 'informal' chat as to how she was doing etc. She was alighting an employers vehicle and slipped on ice.

After Sunday night, I haven't a clue what your on about !!!!!

Was a Disciplinary hearing held?
Was she invited to attend?
Was she been given the right to have a representative?
Was she been given the right to appeal?













I’ve sacked loads

just keep me posted, I am out of the Country from Friday until March 11th but I'll pick up PM's when I can if we can't sort it before then.

Another offer here if she gets no joy. PM me etc, if you need. I can flag.

I must be on a record week for taking on LA's one way or another!!!

You know me, I am Tory to the bone, but things have to be fair, and this doesn't look like it is.

All I was suggesting that if the accident was at work you could easily put them on the back foot and stave off any action against your wife.

The only contact her manager should have been making is to ask how she is and where they can send the flowers, chocolates and cards, everything else should come through HR.

Oh, I sense a convert!!!!

As a Rovers fan im sure you should know who you need to be talking to !

As said above, make sure its all documented, get the union rep in (she pays her dues, shes entitled to representation regardless)

And also go direct to HR, they will probably not know a thing about this and its some jobsworth typical council type trying to lay the heavy hand down and keep his own clean.

Dig out her contract, get grievance and discilinary guidleines sent to you etc etc

I would ask her to get the request in writing for sure, in fact any half decent company would.

It might be a formal interview, not a formal warning but make sure you are fully aware of what it is.

Would think she had hit a trigger point of either a 10 day or 4 week absense, but it may just be to see what the emplyers can do to help, over 4 weeks they usually refer to occ health

A friend of mine who works for the Home Office has told me on a few occasions that, for whatever reason, any employee who takes more than a certain number of days off sick has to recieve some kind of warning, and have their absence reviewed. This has come about because of union pressure, apparently, as the union felt that 'taking a view' on someone's sickness could effectively equal an imbalance of treatment.

In other words, you could get situations where an employee could be disciplined for taking 'excessive' sickness, whereas another employee with comparable or greater levels of sickness wouldn't be.

It would appear then, that your wife is a victim of a policy created to weed out those who take the Mick, and I'm sure that if there is any common sense to be had, she will be all right, as long as she defends this in the right way, and doesnt get on her high horse about it.

Purely from a 'Devils Advocate' point of view though, could it be that they're suggesting she COULD be at work, if she has - say - a desk job? That said, if she has been signed off sick by her doctor and ordered to stay away from work, then they really can't dispute it.

You might be right, it could be similar to ours at work. She did ring her boss and offer to do something 'lighter' in the office, but she was told that she couldn't, so she is sat at home climbing the walls. Of course, its all 'my fault' when I get home

You sound surprised.