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: Law
Satisfied Customers: 46227
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Can my company give me a disaplinary for not phoning in sick

Resolved Question:

Can my company give me a disaplinary for not phoning in sick out of contracted hours? I was bad with migraine on the Friday and could not phone and an ambulance was called by friends as they could not rouse me, and was in bed all weekend, I was still bad on Monday and phoned in. On the Tuesday I was called in and told that I am to have a disaplinary because I did not phone over the weekend. I am not contracted to work weekends and do not understand how I can have a disaplinary for not phoning out of contrat hours.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Do you have a policy that says what is required of you in such circumstances?

Customer:

We must phone in but I work in an office that is Mon - Fri 9am to 5pm.

Ben Jones :

How long have you worked there for?

Customer:

7 years

Ben Jones :

Does the policy actually stipulate when you must phone in and also did you phone in before you were supposed to work on the Monday?

Customer:

Yes I phoned in before I should have on the Monday, no it does not stipulate however the boss says "his phone is always on"

Ben Jones :

ok thanks let me get my response ready please

Customer:

Thank you

Ben Jones :

It is indeed rather curious that they are taking this action against you and that they are trying to discipline you in the circumstances. Generally, if you are off sick and need to call in sick you would need to advise your employer in good time before the start of your shift when you are next due in. There may be a specific period of notice you are required to give the employer and that would be stipulated in any policy that is in place dealing with this. However, if there is no such policy or it does not stipulate a minimum notice period and you advised the employer of your imminent absence before you were next due in to work, then you would not really have done anything wrong. To discipline you for not calling in over the weekend when you are not due to be working and when there was no specific policy which you had failed to follow is unreasonable and unfair. You have the right to challenge this and may do so in a couple of ways – you can consider raising a formal grievance about this and ask that the disciplinary is placed on hold until the grievance is dealt with, or you can proceed with the disciplinary, defend yourself as normal and raise this as your main argument, and if a decision is taken against you, then you can appeal it formally and again consider raising a grievance if you have not yet raised one.

Customer:

Thank you for this, I think what has happened is that the person raising this has just been promoted and has no HR traing or qualifications therefore trying to assert their new position,

Ben Jones :

That could well be the case but does not justify their actions - if they are unable to make a proper decision about this themselves then you may have to take it higher up

Customer:

Many thanks

Ben Jones :

you are most welcome

Customer:

Have a nice evening

Ben Jones :

Certainly will, you too

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other 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:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice