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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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one of my employees has had 36 days sick off work, all on

Resolved Question:

one of my employee's has had 36 days sick off work, all on separate days. All this is from January. We tried to tell him that this wasn't good enough so he stormed out and said see you in court. The employee has had two written warnings over attendance, we have tried to help him in every way possible. He is now saying we are picking on him.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** long has he worked for you for?

Customer:

NEARLY 3 YEARS

taratill :

Ok, what has been the reason for the sickness absence?

Customer:

This time its asthma however he has never told us he had got it

taratill :

Is it a different reason each time?

Customer:

Normally sickness, stomach ache, etc..

taratill :

OK what has happened since he walked out?

Customer:

Well he walked out we never sacked him, we have wrote to him to explain what he is doing about coming back and his father has told us that he his seeking further advise. he has previously walked out during work to meet go home to his girlfriend so its not been the first time

taratill :

Ok you should write to him to tell him that he is currently absent without leave which amounts to gross misconduct. You should invite him to a disciplinary hearing to hear the complaint of gross misconduct and inform him that he has the right to be accompanied at the meeting by a work colleague or a trade union representative. You should state that a potential outcome of the hearing will be his dismissal. If he fails to attend you should give him a further opportunity to attend and inform him that if he does not you will make a decision in his absence.

taratill :

He cannot bring a claim against you for unfair dismissal in these circumstances as it is reasonable for you to take action for poor attendance in these circumstances.

taratill :

The situation might be slightly different if he had a disability but this is not the case here.

taratill :

If he does attempt to raise a claim you should defend it on the basis that it has no merit.

taratill :

If you have any further questions please do ask.

Customer:

We have tried to help him in so many ways. We even sent him to a doctor as we were worried for his health however we think he didn't bother going anyway.

taratill :

That is more than generous. I suggest you do as I have advised and get rid of him as clearly he is trouble for your business.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

Customer:

That is wonderful thanks very much

taratill :

No problem and all the best with it.

taratill :

I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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