having been of with work related stress which was confirmed by the companies occupational health the company now say they have no records of this i have now been disciplined for time off work what are my options
Province/Country relating to question: yorkshire
have appealed since HR would not discuss my absentisem with stress
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.How long have you worked there and how much time have you had off?
have been with co. 6 years was off work two and half weeks pluss extra three days due to the side efects of medication i an on
Hello, my colleague has asked me to assist with your query as it is more my area of law. Have they not contacted OH to get any evidence?
for ben jones only, co.contacted OH for report six months after stress incident OH not asked to do report at time.
Even if the stress is work-related it does not prevent the employer from taking disciplinary action, although they should certainly be a bit more sensitive in such cases and think carefully before any formal action is taken.As far as the law is concerned, disciplining an employee due to their sickness record is a potentially fair reason. However, to justify it as being fair the employer needs to follow a fair procedure. The following is a summary of what needs to happen:First and foremost the employer needs to comply with any relevant sickness or absence procedures and employment contract provisions. Then they need to conduct an investigation, which would involve:• Investigating the nature, extent and likely duration of any illness. Asking the employee for information and obtain medical reports if appropriate. • If absences are short-term and intermittent, investigating whether there is any underlying cause (medical or otherwise). If necessary, following capability or disciplinary procedure, offering practical guidance and assistance, setting timescales for improvement, and giving warnings where appropriate.The employer then needs to review the alternatives:• Before taking a decision to discipline, consider surrounding circumstances, age and length of service of employee together with action taken in respect of similar circumstances in the past.• Consider importance of employee and/or the post occupied, to the business, the impact their continued absence is having on the business and the difficulty and cost of continuing to deal with their absence before contemplating disciplining.• Consider whether employee could take up alternative employment or whether there are any other options that would avoid the need for disciplinary action.At this stage you should appeal the disciplinary outcome. Alternatively, or in addition, you may also raise a formal grievance with your employer to complain about the way they have handled this matter.IMPORTANT: As professionals on this site, it is extremely important that our customers rate the service we provided. This only takes a few seconds. I would therefore be grateful if you could please choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you
Expert in UK Employment Law
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