Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I can help with this matter.
Firstly, can you tell me how long you have worked for the employer, secondly, what health issues have caused your absence. Finally, can you tell me what your question is specifically please. Thank you.
Ok thank you, ***** ***** your question specifically please. Thank you.
The cannot give you a warning for being sick. They can subject you to a capability process and this is legal. This can end up in dismissal however, this is not after the first review it has to be after the 3rd. There is another issue which you may not be aware of which is that if your illness can be classified as a disability under the Equality Act 2010 then there may be discrimination going on. When a person who qualifies as having a disability is absent from work, then the company has to look at reasonable adjustments before subjecting them to any capability proceedings. It does not sound like they have done this. However in order to determine whether your ailments qualify as a disability you have to have this assessed by a lawyer. Finally, and this is always a final step. If you go through the grievance process and they are still treating you unfairly then you can resign and claim for unfair constructive dismissal however, all other avenues should be explored prior to this being sought as a resolution. What you need to do is raise a grievance with the employer and follow the process through. If you do not achieve the outcome you want then you can go to the Acas website and make and applicant for early conciliation which is the first step in the legal process however, you do not require a solicitor to do this you can simply do it your self.
I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;
I hope you get a resolution to the matter. However, in terms of legal process you will have to go through the grievance procedure first then to Acas before you can take any action. Additionally don't wait too long as you only have 3 months minus one day to bring a claim against them (from the date of your grievance decision).
I hope this information has helped.