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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44924
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was recently hospitalised - had surgery etc and was consequently

Customer Question

I was recently hospitalised - had surgery etc and was consequently off work for 20 working days. - when I returned to work I have been summoned to a disciplinary hearing for missing work - Relevant other info: I was on an 'improvement plan' arising from a similar incident last august - though both are unrelated.
What if any options do I have? I should point out I was not paid either time - I only had statutory sick pay
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know what was the reason for hospitalisation and also how long have you worked there for?
Customer: replied 3 years ago.

For Ben Jones only



I went to hospital (A&E)overnight, got some emergency treatment, and was sent home - that was a Thursday night Friday morning, though it was actually 3.30 pm I was sent home.


I was back in A&E at 11pm and in theatre at 02:00 Saturday


I had a prolapsed haemorrhoid, and that should have been that - probably off work a week then back to work - but No! complications. I was again sent home mid morning Saturday. 08:00 Sunday back into hospital by ambulance in extreme pain! can't give me pain relief as contra indicated for procedure earlier.... Transpired (as I understand it) the operation site suffered swelling which basically blocked the exit from my bladder and my bladder was getting more & more swollen as time went by. Eventually having released some pressure, again they wanted to send me home on Monday. This time I objected, basically I told them unless all my bits were working properly I was staying until they were! Which was just as well! I ended up having a urinary catheter fitted for 3 days. When it was removed I was held until I had performed 'naturally'.


 


Hope that gives you what info you need!


I have been employed at this company since Feb28th, 2010

Expert:  Ben Jones replied 3 years ago.
Have you been told what the potential outcome of the disciplinary could be?
Customer: replied 3 years ago.


it can be anything up to dismissal, but I have been led to believe a first letter of warning valid for 6 months which means I would not be eligible for any bonus or any other 'extras' for the same 6 month period assuming I have no further days off. (We usually get an Xmas bonus)


 

Expert:  Ben Jones replied 3 years ago.
Whilst it is entirely possible for employers to take disciplinary action to deal with employees' sickness absence this shoul only occur in cases where the absence is either prolonged or the frequency becomes a concern. Rarely will such action be justified for one off absences. As such the disciplinary that you are going through now and the potential outcome is likely to be disproportionate to the actual circumstances. 

A useful site that you can use to get an idea of what the employer can and can't do can be found here:

http://www.hrbenchmarker.com/sickness-absence-management.aspx

I suggest you either consider raising a grievance to challenge the fairness of their actions, and/or appeal the outcome of the disciplinary once that becomes known.

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