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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello Ben Thank you for your help to my previous question a couple of weeks ago. I informed the employer that I would attend once my GP deemed me fit to attend disciplinary but on the back of this my manager has now emailed me and asked for a convenient time to contact me weekly as she has to do this due to the company's attendance policy re sickness monitoring. To be honest I am not sure what it is she would do in this respect as I do not wish to talk to her I would rather liaise with HR - she is part of the greater issue resulting in the disciplinary in the first place. What is teh legal requirement for the meployer on the this by monitoring me and what is my legal place to fulfll on this occasion?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Also uld you be so knd as to let me know what a disciplinary is and what action it leds to as I am not aware of the legality of this?
Expert:  Ben Jones replied 1 year ago.
Hello again, what does the policy actually say about such weekly monitoring?
Customer: replied 1 year ago.
The policy refers to absence reporting procedure:
"If you anticipate that you will be absent for several days, you must ensure that you keep your manager informed, advising him or her of when you expect to return and agreeing when you will next make contact."It also refers to:
"Sickness absence: more than seven working or non working days
You must obtain a medical certificate from your doctor for all sickness absence in excess of seven working or non working days. This should be sent immediately to the Human Resources Department. Without a medical certificate, you will not be paid for absence of this duration.For long periods of illness, your Manager and the Human Resources Department should be kept informed of developments at regular intervals."
Customer: replied 1 year ago.
In accordane with the above does that mean the manager can contact me for updates although I advised her I will keeo her posted of my return to work?
Expert:  Ben Jones replied 1 year ago.
The employer is implementing the policy in an incorrect manner to be honest. The employer can expect a degree of contact from you if you are on sickness absence but that does not mean that they agree with you a time when they will contact you each week. They should really take a step back from all of this, be there for you if needed, but not breathe down your neck otherwise it can become a bit of a harassment issue. So I suggest you say it is not for them to contact you each week but for you to keep them informed at regular intervals. This does not and should not have to be weekly. For example if you are signed not fit for work for a month, it is pointless contacting them each week – nothing would have changed, you would still be covered under the same note and frankly you could do without having to have such frequent contact with the employer. So make it clear and point out to them that the policy does not allow them to contact you weekly, rather it is for you to do this at regular intervals and try to agree for that to be every couple of weeks or so and via a method you would prefer, so if you do not want to speak to them it could be over email. As to a disciplinary, that is when some kind of misconduct has occurred and the employee needs to be disciplined. A disciplinary outcome could be a written warning, a final warning or dismissal. The outcome would of course depend o the allegations and the seriousness of the alleged offence. Also the employee needs to be found guilty fist, which would happen following an investigation and a formal disciplinary hearing. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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: 46809
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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