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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50197
Experience:  Qualified Solicitor
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My hours of work are 8-4.45pm i was on the sick day on

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my hours of work are 8-4.45pm i was on the sick for 1 day on the 23rd of april with a knee prob, although i was off work i was not totally incapacitated, the company are saying that because i was seen out of my house at 8pm that night , they say they have a case to give me a final written warning or dismiss me, and have just held an investigation and now a disciplinary hearing which was farcical to say the least,and has been on going for over 2 months, i have worked for this company for 35 yrs and have used sick leave very rarely, in 2 cases in that time was for an operation,incidentally on my knee, i have also never had a warning in 35yrs .we are aware that the new owners of the company are looking to restructure the company and have managed to get one senior person to leave by similar methods although he left before they could go this far. i am not to concerned at this point because really they have made such a mess of the whole process, BUT , you never know, so the question is when on the sick for a day is it 24 hrs or is it the time actually off paid work . thankyou
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is your disciplinary history with that employer?
Customer: replied 2 years ago.

no disciplinary history in all the time i have worked here

Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. The starting point is that if you are off sick from work, it does not mean that you have to be confined to bed or at home. It is entirely possible to be off sick and still go about some of your normal day to day activities, or even go on holiday. The fact that you cannot perform your job does not mean that you cannot go about your normal life as the two would be different in many respects.
An issue may arise if you are seen to do things which would not be possible with the injury you are off with. For example, you are off work because you say you have strained your ankle and cannot do your job, then you are seen later that day running for the bus. Obviously the employer would become suspicious and may consider that the reasons for you going off sick were not genuine and they could investigate this and discipline if found guilty.
As to your specific query, if you are off sick then there is nothing specific which states you have to only be off sick for the time you would be at work, or any specific duration like 24h. you state you are not fit for work and that would cover the time you are supposed to work, but you could get better later in the day and get back to normal the same day but outside of working hours – that could easily happen and is not wrong.
I would say that in the circumstances trying to potentially dismiss you for this is completely unreasonable. You have a very long and clean record with the company and this would not warrant a dismissal. They may be trying to push you out but it is unlikely to be fair in the circumstances and if it comes to it then it could even end up in unfair dismissal.
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
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