General Chat

Does anybody know anything about employment law? My OH is a diabetic, touch wood he does'nt really suffer many ill effects with it. In the last year he has had off 3 days, 2 because of a stomach upset which upset his blood sugar levals, 1 becasue of an adverse reaction to prescribed pills, his employers where kept fully informed, but they have now given him a 'warning' letter about his absenses! Does he have any rights?

Doesn't sound right to me. I would call the CAB for advise as far as i know you can self certificate yourself for( not sure if it's five or seven days )without a doctors line. So check and see.

Each of his absenses has only been for the single day.

If he is a member of a union they can help as this sounds to me like he is being victimised. You can self cert up to 7 days before Doc need to get involved, having 3 days off in a year is great in most standereds and having a warning will last for 6 months which i say is wrong. See the union,cab or solicitor if you feel this is going to affect his future but remember if no unionbehind you then things may get worse..Jay.x

sounds to me as if they dont believe he was being honest.Probably if he had taken 3 consecutive days nothing would be said.Are they worried his diabetes will cause increased future problems do you think?

Unfortunately more and more employers are taking a hard line on absences. The company policy and procedures for this should be available to all staff and you OH should ensure he has a copy of these, and if he hasn't he should ask for one immediately. These will set out the various steps in the process which must be followed by all concerned. The letter he has received would appear to be the first step in this process, which, I am sorry to say can ulimately lead in dismissal, so OH must be aware of the procedures. I would also suggest that he talks to his union, if there is one, or the CAB. It doesn't matter whether or not you have a doctors note or are self certified, the company is taking action because of the absence, and consequent inability to perform the tasks for which the person is employed. I do hope it gets sorted without going any further.

Thanks for the replies, will make an appointment at the C.A.B. He is a shelf stacker at B&Q so does'nt belong to a union, and the company knew he was a diabetic when they gave him the job. Would'nt mind but one of the managers has had several days off with a bad back-nothing has been said to him

I would certainly look into this Linda. I think there is a law which protects your husband. He has a registered illness, it is not as if they don't know, and it is not as if they have not been informed. It does not appear to me that he is taking advantage. Good luck with that. I would not let it go. Deanna X

Again, many thanks for the replies

If you need to take it any further... ACAS.co.uk..could be a useful site Sue

Lynda At O2 we have a policy that after 3 absenses in a rolling 12 months then a warning is issued - its standard procedure! If absenses continue then a written warning would be produced. BUT if they are connected to an illness that was stated BEFORE the contract was confirmed then he can not be sacked for it. They are just following procedure even if its not very pleasant Good luck xx

Again many thanks. I have just found out that diabetes is covered by the diability act, OH has just come back from his diabet soc. meeting with this info. This info should make his interview with his line manager interesting

Yes, am now going to check everything but I am going to make sure that the company know that his diabetes is covered by the act