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UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4312
Experience:  solicitor
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My wife has been signed off work for 6 weeks with a major hhip

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My wife has been signed off work for 6 weeks with a major hhip problem her consultant would not let her go back to work until he was happy that she was on the mend she now has crutches and has gone back to work as an admin clerk. However having gone back to work her employees Sainsburys have held a diciplinery and given her a written warning for her sickness. Prior to this she had not had a sickness record with the company and she has been with them for 7 years .
Can her employees do this , she does intend to appeal the warning

She should certainly appeal against the disciplinary as she was genuinely off work due to illness and she should not have been disciplined for this.

They should pay her SSP if she does not qualify for company sick pay.

Hope this helps
UKSolicitorJA, Solicitor
Satisfied Customers: 4312
Experience: solicitor
UKSolicitorJA and other UK Employment Law Specialists are ready to help you
Hi, I am afraid that disciplinary action can be fair even if it is because of a genuine sickness absence. Disciplinary proceedings are not limited to misconduct issues and can also include capability matters. Before I proceed with more detailed advice can you please let me know if there is a sickness policy that deals with disciplinary action and also if her condition is one that is likely to be long term, or just something that was limited to a couple of months or so. Thanks

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