How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Sickness and absence levels - I was employed by a school

Resolved Question:

Sickness and absence levels - I was employed by a school to do 2.5 cleaning a week. Got Tupe over two years ago to a cleaning company, they came into the school before the tupe took place and interviewed us all individually and I told them this was a second job but I do sometimes have to have time off to do training as I work as care support worker.Iwas told on this meeting that it wouldn't be a problem. I have had a few days off sick as suffer from migraines and just recently my car broke down and was in garage for 2 days. I informed them of the problem and they now have sent me a letter for discilinary action and at the end of letter it says [ I must inform you that a potential outcome of this meeting could be up to and including dismissal ] How do I stand ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What exactly are you being accused of?
Customer: replied 1 year ago.
My letter says sickness and absence levels have reached unacceptable levels and needed to improve immediately.
Customer: replied 1 year ago.
According to there discipilinary procudures, I have always be honest about the reason for my absence if it was traing or sickness.
Expert:  Ben Jones replied 1 year ago.
So looking at the amount of times you have been sick have you reached the limit specified in a disciplinary policy?
Customer: replied 1 year ago.
I have probably had quite a bit of time off because the care company I worked for tuped us over in March this year and I had to do all the training again as they like to do all the training for there company so I have had a lot of days training, but was always up front with them.
Customer: replied 1 year ago.
Sickness I had 10 days.
Expert:  Ben Jones replied 1 year ago.
Ok but were you taking these days off as sick leave?
Customer: replied 1 year ago.
No.
Customer: replied 1 year ago.
If you could email your response as I have to go to work now I can't be late. Thank you in advance for your reply to this matter.
Expert:  Ben Jones replied 1 year ago.
Ok I will respond on here you can access it at any time
Expert:  Ben Jones replied 1 year ago.
Hi, the issue here really is whether you have taken too much time off, either as sick or other leave (apart from holidays) and you are now flagged up against their absence policy. You may have had to take time off genuinely for sickness and for training but that is still time off from work and can be treated as part of your overall absence from work. What I would say however is that if you were specifically granted time off to attend training and there was never any indication that it would be treated as absence from work, you could argue that it was authorised leave.
At this stage you should not worry too much about dismissal because it is unlikely to be considered fair or reasonable for an employer to dismiss you straight away for absence from work, especially if it relates to sick leave or pre-approved time off. If they go ahead and dismiss you then your dismissal is likely to be unfair. What the employer should do instead is meet with you then discuss your levels of absence and perhaps issue a warning that it must improve and only if after a review period it has failed to improve consider dismissal. You need to be given the opportunity to fix this first before they go down the dismissal route.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions