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[Help] Employment Law advice.



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BensGrandad

New member
Jul 13, 2003
72,015
Haywards Heath
I would like some advice from people ITK on a subject that I have no knowledge of at all and was asked to look into.

A girl, we know, works for the NHS connected to radiotherapy but has been signed off sick by her GP as being unfit to administer cannulars etc and on a return visit this was extended. She has now been told by her direct boss that she will be subject to a disciplinary procedure by HR because she is not doing her job. Is this lawful?
 




Thunder Bolt

Thunder Bolt

Silly old bat
Aug 18, 2009
65,439
Beside the seaside, beside the sea
Employees have a certain amount of sick leave written into their contracts ie 8 days a year no more than three separate occasions, or two weeks in any three months (examples)

If she has exceeded those limits, then she will have a disciplinary which is just a meeting to establish why she is off sick, and it is noted as a verbal warning. If she then extends or is off sick again, it can lead to a written warning.

I had this once when I went into hospital three times in eighteen months for operations. It got to a written warning because of it, but got no worse than that.

If she is in the union, then take a union member into the disciplinary with her, or if not, then she can take anyone of her own choice, so there is a record of what was said.
 


studio150

studio150

Well-known member
Jul 30, 2011
29,611
On the Border
Thunder Bolt said:
If she is in the union, then take a union member into the disciplinary with her, or if not, then she can take anyone of her own choice, so there is a record of what was said.
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I would ask for the interview to be recorded, with a copy of the recording to be shared with all those present to avoid any doubt of what was actually said.
 




beorhthelm

beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,300
i would suggest you dont have the full story, as i expect the NHS HR to follow tight processes. on return to work there would be a referal to occupational health to assess what duties she can/cant do, given alternative duties and so on.
 




N

NooBHA

Well-known member
Jan 13, 2015
8,584
beorhthelm said:
i would suggest you dont have the full story, as i expect the NHS HR to follow tight processes. on return to work there would be a referal to occupational health to assess what duties she can/cant do, given alternative duties and so on.
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This is more than likely true.

NHS have very good HR Systems in place and they are often very supportive to their staff
 




B

BensGrandad

New member
Jul 13, 2003
72,015
Haywards Heath
beorhthelm said:
i would suggest you dont have the full story, as i expect the NHS HR to follow tight processes. on return to work there would be a referal to occupational health to assess what duties she can/cant do, given alternative duties and so on.
Click to expand...

I can only report what she has told me when she asked me to look it up on the internet. I do know that on one occasion she went to work when her boss was away on leave and was sent home but on return of both her boss said you either come to work or are sacked.
 




Thunder Bolt

Thunder Bolt

Silly old bat
Aug 18, 2009
65,439
Beside the seaside, beside the sea
BensGrandad said:
I can only report what she has told me when she asked me to look it up on the internet. I do know that on one occasion she went to work when her boss was away on leave and was sent home but on return of both her boss said you either come to work or are sacked.
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If that is true, then she needs to contact her union, or go to Citizens Advice to contact ACAS.
 


PILTDOWN MAN

PILTDOWN MAN

Well-known member
NSC Patron
Sep 15, 2004
18,704
Hurst Green
BensGrandad said:
I would like some advice from people ITK on a subject that I have no knowledge of at all and was asked to look into.

A girl, we know, works for the NHS connected to radiotherapy but has been signed off sick by her GP as being unfit to administer cannulars etc and on a return visit this was extended. She has now been told by her direct boss that she will be subject to a disciplinary procedure by HR because she is not doing her job. Is this lawful?
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I'ts a difficult one if she is unable to fulfill her expected duties the employer has the right to follow an exit procedure as laid out in their HR policies. There's an expectation that employees are able, in the main, to do the work for which they're employed. Short term difficulties should be dealt with by consultation with HR.
 


H

HAILSHAM SEAGULL

Well-known member
Nov 9, 2009
10,347
She would be better off consulting her union than Bens Grandad, thats a raving certainty
 




Herr Tubthumper

Herr Tubthumper

Well-known member
NSC Patron
Jul 11, 2003
59,487
The Fatherland
BensGrandad said:
I would like some advice from people ITK on a subject that I have no knowledge of at all and was asked to look into.

A girl, we know, works for the NHS connected to radiotherapy but has been signed off sick by her GP as being unfit to administer cannulars etc and on a return visit this was extended. She has now been told by her direct boss that she will be subject to a disciplinary procedure by HR because she is not doing her job. Is this lawful?
Click to expand...

Signed off you say? Have you tried signing her back on again?
 




Thunder Bolt

Thunder Bolt

Silly old bat
Aug 18, 2009
65,439
Beside the seaside, beside the sea
BensGrandad said:
She is not in a union and knowing that I spend a lot of time on the internet asked if I could find out any details for her. Hence I asked NSC as they have experts in all fields.
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If I had an employment problem before I retired I would not have asked Nsc. As she isn't in a union, then she needs to go to Citizens Advice.
 








Chicken Run

Chicken Run

Member Since Jul 2003
NSC Patron
Jul 17, 2003
18,432
Valley of Hangleton
BensGrandad said:
I can only report what she has told me when she asked me to look it up on the internet. I do know that on one occasion she went to work when her boss was away on leave and was sent home but on return of both her boss said you either come to work or are sacked.
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I love the fact that she asked you to “look it up on the internet “ Is she older than you?
 


H

HAILSHAM SEAGULL

Well-known member
Nov 9, 2009
10,347
Could she fill in as left wing back?
 






Westdene Seagull

Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,003
The arse end of Hangleton
BensGrandad said:
I can only report what she has told me when she asked me to look it up on the internet. I do know that on one occasion she went to work when her boss was away on leave and was sent home but on return of both her boss said you either come to work or are sacked.
Click to expand...

Well for starters her boss in in the wrong - they can't just sack someone. There are procedures to be followed. Without more detail it's a bit difficult to advise but as others have said she should speak to CAB ( although good luck getting an appointment ) or ACAS as she's not in a union. Alternatively Martin Searle Solicitors ( google them ) usually will give some free guidance with a view to hoping to get your business so she might want to speak to them. Fiona Martin is a force to be reckoned with and has got me thousands from my previous employers.
 


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