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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46167
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my wife had a day off poorly and her boss had her in the office

Resolved Question:

my wife had a day off poorly and her boss had her in the office today citing a disiplinary letter would go on her file for taking the day off without notice even though i rang her works place at 8am to explain why she would nt be in that day
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there for?

Customer:

4yrs

Ben Jones :

Was she taken through a formal disciplinary or has the employer already decided that this will go on her file regardless?

Customer:

ugust

Ben Jones :

Ugust?

Customer:

she had a day off last august 2013 and was warned then ,the letter has gone on her file as of today

Ben Jones :

ok but was she taken through a formal disciplinary hearing for this?

Customer:

she had a verbal warning last august and that if she had time off within 6 months from august the 12th she would get a disiplinary letter on file

Customer:

she was called into the office today and given a disiplinary letter to go on her file

Ben Jones :

did she follow the sickness absence procedure at work to report the last absence?

Customer:

i rang her wokplace at 8am to tell them she wouldnt be in that day

Ben Jones :

is that the official policy that she is expected to follow?

Customer:

she says after a verbal warning she gets a written warning .surely if you are poorly for one day a disiplinary is a bit harsh or is it even legal after all it was nearly 7myhs ago since her last absence

Ben Jones :

ok but can you please let me know if the steps you took to advise the employer of her absence is as per workplace policy?

Customer:

i rang her office number at 8-02am as no one answered i left a message saying she had had a chinese meal and she was sick through the night

Customer:

the office opens at 8am

Ben Jones :

ok but you haven't told me yet if what you did is what she is expected to do as per any relevant policy on sickness absence?

Customer:

my wife says if a person is off sick they must ring in to notify them

Customer:

which i did

Customer:

but if she takes more than 3 days continuous she woul have to have had a doctors certificate

Ben Jones :

It is possible to issue someone with a disciplinary warning for workplace absence, even if they had followed procedure or had a genuine reason to be off. However, In this case she was told that she would be monitored for 6 months only and the latest absence was outside of this period. Not only that but if the employer was going to place a formal disciplinary warning on her file, they must have taken her through a formal disciplinary procedure first. This would have included an investigation into the matters, asking her to attend a formal disciplinary hearing and the chance to defend herself, then the right to appeal. The employer failed to follow any of these steps and the warning could be unfair. She can highlight these shortcomings to the employer and ask that as a result they remove the warning from her file. If they refuse, then she can consider going down the formal grievance route to raise a formal complaint with her employer over it.

Customer:

thank you so much for your information

Ben Jones :

You can check the relevant Code they are expected to follow here:

Ben Jones :

http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf

Customer:

thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46167
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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