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Author Legal Issue regarding taking time from work
Red_SXi
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Registered: 23rd Sep 02
Location: Dunstable Drives: 52 Plate BMW 3 M Sport Coupe
User status: Offline
7th Apr 04 at 11:00   View User's Profile U2U Member Reply With Quote

As well as running Horizon Autotek i work 2 days a week at Sainsburys to pay for the finance of my car. I am going to quit soon, but need the job for another couple of months.

Rite... Heres my problem...

Sainsburys work my a rule that everytime you are off work due to illness they do an investigation into it, and give you a warning. Until abuot a month ago i was at Verbal warning stage, and when we had all that snow i went sledging with my mates, and to cut a long story short i hit my arm very hard. I couldnt attend work that night because i was at hospital having X-Rays. When i returned to work they did an investigation into my absense, and have put me onto final written stage, even tho i had a letter from the Hospital explaining that i was there and wouldn't be able to work for a week or so.

Surely they can't do this legally?

ITs worrying me now, because i have a really bad cough, which i have had for 2 months and i keep loosing my breath, so i don't think i should be working. I want to take time off but i am worried that if i do i will be sacked.

Sorry about the long thread but i'd like to know where i stand legally.
Robbo
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Registered: 6th Aug 02
Location: London
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7th Apr 04 at 11:02   View User's Profile U2U Member Reply With Quote

U need to get a doctors note for the cough if u think u shudnt be working
Munchie
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Registered: 17th Jul 01
Location: I swap goats for mobile phones
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7th Apr 04 at 11:02   View User's Profile U2U Member Reply With Quote

they shouldnt give u a note if u have proof that uve been in da hospital....i suggest u kick off and maybe seek professional help from sumbody
Red_SXi
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Registered: 23rd Sep 02
Location: Dunstable Drives: 52 Plate BMW 3 M Sport Coupe
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7th Apr 04 at 11:02   View User's Profile U2U Member Reply With Quote

I am going to the doctors tomorrow.

What about the issue when i hurt my arm?
Paul_J
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Registered: 6th Jun 02
Location: London
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7th Apr 04 at 11:03   View User's Profile U2U Member Reply With Quote

Gutted... Legoland Windsor is so lax on time off... So many people working there I call up with no advance warning and they're cool with it.

Also very easy to get days off

I suppose they can do whatever they like mate, maybe they want to give u the sack but this is the best way to do it?
Shelly
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Registered: 15th Nov 00
Location: Lancashire Drives: Astra H VXR
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7th Apr 04 at 11:04   View Garage View User's Profile U2U Member Reply With Quote

I doubt that can be done.

Red_SXi
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Registered: 23rd Sep 02
Location: Dunstable Drives: 52 Plate BMW 3 M Sport Coupe
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7th Apr 04 at 11:04   View User's Profile U2U Member Reply With Quote

They can't sack me for illness when i have proof i was at hospital, surely its against the law?
Phil321
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Registered: 10th Mar 01
Location: Manchester
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7th Apr 04 at 11:09   View User's Profile U2U Member Reply With Quote

They did this when I worked at ASDA. If you have a doctors note they do not have a leg to stand on. Even if they give you a verbal warning you can take them to a tribuneral. Speak to your Union rep or Staff rep and tell them you're unhappy with the situation. Its causing you stress and you can't sleep at night for fear of losing a job you rely on. Also tell them you have a doctors note for the injury are are contemplating going to see the doctor again about work related stress and insomnia and that if you do you will be seeking compensation from them for psychological injury.

See how quickly they back down
Corsa E-Tec
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Registered: 4th Feb 04
Location: Stevenage Drives: Leon Cupra
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7th Apr 04 at 11:09   View User's Profile U2U Member Reply With Quote

there buggers, becoause you are part time you are only aloud about 5% anbsence, so if you are part time and work two days a week, you only aloud about one day off a month in absnce.

out of order ah!

they did this too my bird and nearly sacke her over 2 days off with illness.
Ojc
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Registered: 14th Nov 00
Location: Reading: Drives : Clio 197
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7th Apr 04 at 11:09   View User's Profile U2U Member Reply With Quote

Can't you just get another job at another supermarket?
Phil321
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Registered: 10th Mar 01
Location: Manchester
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7th Apr 04 at 11:12   View User's Profile U2U Member Reply With Quote

My mate got a final written warning for having a broken arm. That was a funny conversation with the store manager
TJSRi
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Registered: 23rd Mar 04
Location: Harwich,essex
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7th Apr 04 at 11:13   View User's Profile U2U Member Reply With Quote

i'm a postie n broke my wrist badly the second week of sept 03 playing footy n got a sick note from the docs cos obviously couldnt work didn't go back till jan 04 cos of complications n i got put on a attendance stage warning.
i've just been off again with th flu n probably will end up with another stage, when you get to stage 3 they say you can lose your job,however my parents run a business n an employee went off sick for a long time but they could not get rid of them because its against the law or something to fire somebody if they've been absent for reasons they cant control, or something like that. so i'd say your ok.
Red_SXi
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Registered: 23rd Sep 02
Location: Dunstable Drives: 52 Plate BMW 3 M Sport Coupe
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7th Apr 04 at 11:24   View User's Profile U2U Member Reply With Quote

I don't want a job at another supermarket, i wont even want a fucking job at this one, but the money is handy for paying the finance at work. I am also being bullied by my manager, who is female. I can't do anything about that apart from get laughed at
Demo
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Registered: 27th Sep 01
Location: south wales Drives: astra sri ecoflex
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7th Apr 04 at 11:31   View User's Profile U2U Member Reply With Quote

sounds exaclty like the asda store where i work mate.

they seem to single certain people out and try and make an example of them. im pretty sure that on the legal side of things they cant give you a final written warning for not being able to work due to ill health. are you in the union? if not join it. and i never bother taking any problems to the management in my store cos they are all full of shit and play off each others back. just go right to head office and speak to as high up a person as you can get. then explain the situation fully and write them a letter about it with your proof for being off work
Tom
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Registered: 3rd Apr 02
Location: Wirral, Merseyside
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7th Apr 04 at 11:36   View User's Profile U2U Member Reply With Quote

wankers, go higher up and tell the big cheese you're being bullied and that you have saught legal advice and you are not satisfied with the warnings you have received due to genuine illness, make a fuss and shout loud enuf they shud sort it out
Siberia
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Registered: 9th Oct 03
Location: Leprechaun Land Drives : Zafira GSI
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7th Apr 04 at 11:40   View User's Profile U2U Member Reply With Quote

not to sure about British law but over here if your sick and u have a cert from yer doctor they cant do nuthin.

there is catches though

make sure u have a proper contract

i presume ure not in a temporary position at the store?

[Edited on 07-04-2004 by Siberia]
Corsa E-Tec
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Registered: 4th Feb 04
Location: Stevenage Drives: Leon Cupra
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7th Apr 04 at 11:43   View User's Profile U2U Member Reply With Quote

if you get the union envolved, you'll be ok. they will tear sainsbury to shreds!
Red_SXi
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Registered: 23rd Sep 02
Location: Dunstable Drives: 52 Plate BMW 3 M Sport Coupe
User status: Offline
7th Apr 04 at 12:47   View User's Profile U2U Member Reply With Quote

I'm just really pissed off now.
Kerry
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Registered: 5th Oct 01
Location: Norwich
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7th Apr 04 at 12:52   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Red_Sxi
They can't sack me for illness when i have proof i was at hospital, surely its against the law?


i got sacked for long term illness even though i was registered with a consultant and provided regular sicknotes and on time

they do wot they want half the time
Demo
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Registered: 27th Sep 01
Location: south wales Drives: astra sri ecoflex
User status: Offline
7th Apr 04 at 12:56   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Corsa E-Tec
if you get the union envolved, you'll be ok. they will tear sainsbury to shreds!


yes. my place is like that. mention the union and you can see the shit dripping from the legs of their trousers
Red_SXi
Member

Registered: 23rd Sep 02
Location: Dunstable Drives: 52 Plate BMW 3 M Sport Coupe
User status: Offline
7th Apr 04 at 16:19   View User's Profile U2U Member Reply With Quote

TTT
nickyboy01
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Registered: 10th Sep 03
Location: Oxford-ish
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7th Apr 04 at 19:50   View User's Profile U2U Member Reply With Quote

Sounds like they are being complete wankers.

I worked for Tesco for 7 years and they were similar in regards to absence.

Word of advice tho, try and sort it amicably. Dont bother taking them to court etc etc, Sainsburys are a multi billion pound company and the chance of you gettin anywhere are minute.

If you are a member of the union get them to deal with it, if you're not then they can give you advice but cant do anything to help you physically.

I was a member of USDAW and they were great for sorting minor things.
vibrio
Banned

Registered: 28th Feb 01
Location: POAH
User status: Offline
7th Apr 04 at 20:16   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Red_Sxi
As well as running Horizon Autotek i work 2 days a week at Sainsburys to pay for the finance of my car. I am going to quit soon, but need the job for another couple of months.

Rite... Heres my problem...

Sainsburys work my a rule that everytime you are off work due to illness they do an investigation into it, and give you a warning. Until abuot a month ago i was at Verbal warning stage, and when we had all that snow i went sledging with my mates, and to cut a long story short i hit my arm very hard. I couldnt attend work that night because i was at hospital having X-Rays. When i returned to work they did an investigation into my absense, and have put me onto final written stage, even tho i had a letter from the Hospital explaining that i was there and wouldn't be able to work for a week or so.

Surely they can't do this legally?

ITs worrying me now, because i have a really bad cough, which i have had for 2 months and i keep loosing my breath, so i don't think i should be working. I want to take time off but i am worried that if i do i will be sacked.

Sorry about the long thread but i'd like to know where i stand legally.



PMSL at gettign a verble warning about being off sick.


If they sack you because your actually off sick for real then they should expect to get sued for wrongful dismissal

I would suggest that they read the DTi website regarding sick leave and the work place.
M4tt
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Registered: 18th Apr 03
Location: Potters Bar
User status: Offline
7th Apr 04 at 20:38   View User's Profile U2U Member Reply With Quote

my ex had the same probs with sainsburys.

as far as im aware tho she's still there. she had a lot of time off when i knew her and got alot of warnings, even though she used to have doctors notes etc.

she used to have a problem with blacking out, but even after she blacked out at work a couple of times they still put on all these disaplinary crap
vibrio
Banned

Registered: 28th Feb 01
Location: POAH
User status: Offline
7th Apr 04 at 20:39   View User's Profile U2U Member Reply With Quote

I don;t even put a sick line in at work. so long as I am off for under 5 days in a row there is no need for self certificate.

 
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