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Author Employment Day: Proving sickness
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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18th Apr 09 at 10:32   View User's Profile U2U Member Reply With Quote

Got an employee who was signed off sick for 4 weeks due to stress. She was due back on Thursday but rang in saying she had a hospital appointment that day (all day?!!) so wouldnt come in - but we know she doesnt get on with the manager who she is in on her own with on Thursdays so thats why she didnt come in.

So the question is, can I legally ask her to provide proof she had an appointment on that day?
Robbo
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Registered: 6th Aug 02
Location: London
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18th Apr 09 at 10:34   View User's Profile U2U Member Reply With Quote

yep
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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18th Apr 09 at 10:34   View User's Profile U2U Member Reply With Quote

should be able to, my work ask me and theyre really clued up on HR policy
Cosmo
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Registered: 29th Mar 01
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18th Apr 09 at 10:36   View User's Profile U2U Member Reply With Quote

I did think so, infact I have already asked her yesterday - her reply was...I dont want paying for it so whats it to do with you.

stupid bint.
Robbo
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Registered: 6th Aug 02
Location: London
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18th Apr 09 at 10:37   View User's Profile U2U Member Reply With Quote

IF YOU DONT TURN UP AT YOUR SCHEDULED HOURS THEN YOU CAN ASK THEM. THE SICKNESS THING IS THAT THEY ARE ALLOWED A FEW DAYS GRACE HENCE WHY YOU ONLY FIND OUT AFTER A WEEK FOR A CERTIFICATE (Y)
DannyB
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Registered: 6th Feb 08
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18th Apr 09 at 10:37   View Garage View User's Profile U2U Member Reply With Quote

Are you incharge of the hiring and firing aswell then Cosmo?
Cosmo
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Registered: 29th Mar 01
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18th Apr 09 at 10:41   View User's Profile U2U Member Reply With Quote

Yeah Ive dealt with her actual sickness where she was signed off fine, Ive no problem with that. Was mainly down to her meant to be back and basically trying to fob us off until the next day (I dont beleive for a minute she had an appointment) so just wondering if I can ask for proof.

We've got major problems with her tbh, she is already on a verbal warning and IMO is looking for a way out by us doing something wrong, so making sure Im doing it by the book!

Danny - yeah!
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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18th Apr 09 at 10:49   View User's Profile U2U Member Reply With Quote

the last day she had on her sick note was wedensday though right? if thats the case then sickness shouldnt really come into it (i skive off work a lot ) the thursday is just an unjustified absence

[Edited on 18-04-2009 by lee_wee]
Bonney
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Registered: 14th Nov 04
Location: St Helens
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18th Apr 09 at 10:51   View User's Profile U2U Member Reply With Quote

Yes you can, Just ask her for the appointment card. They do this where i work if you want half a day to nip to the docs or dentist.
Cosmo
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Registered: 29th Mar 01
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18th Apr 09 at 10:55   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by lee_wee
the last day she had on her sick note was wedensday though right? if thats the case then sickness shouldnt really come into it (i skive off work a lot ) the thursday is just an unjustified absence



Well she rang (actually text the manager she likes) before the Thursday to tell us she would be off (on the Tuesday I think). We cant legally stop her going to a hospital appointment, but want to know if I can make her prove she actually had one!
Russ
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Registered: 14th Mar 04
Location: Armchair
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18th Apr 09 at 11:01   View User's Profile U2U Member Reply With Quote

you cant stop her but you can ask her for proof
Joe
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Registered: 20th Jun 04
Location: Hesketh Bank, Lancashire
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18th Apr 09 at 11:12   View User's Profile U2U Member Reply With Quote




Sir Alan Cosmo
John
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Registered: 30th Jun 03
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18th Apr 09 at 11:31   View User's Profile U2U Member Reply With Quote

I hate people who are off with stress

Just put out a hit on her, you can never get rid of people like that.
Carl
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Registered: 9th May 04
Location: Jimmy Bennett's la la land.
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18th Apr 09 at 11:31   View User's Profile U2U Member Reply With Quote

Just be ultra careful, such is life the cock heads usually wriggle their way out of stuff.

Does a text to a manger follow the proper procedure for such a day off? Maybe that is something to think about and alter to avoid in the future so employees can't just do that type of thing.
Cosmo
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Registered: 29th Mar 01
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18th Apr 09 at 11:42   View User's Profile U2U Member Reply With Quote

Weve no problem how they let us know...text, email, phone, whatever - as long as they do, which she did.

I just dont believe a word she says and want her to prove she was where she said (which she cant do as wasnt!) - this was I can get her on a written warning and then out of here next time she fucks up which wont be long.
dean101287
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Registered: 22nd Jul 07
Location: Cardiff
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18th Apr 09 at 14:54   View User's Profile U2U Member Reply With Quote

What do you do cosmo? Or what does the company do?
Cosmo
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Registered: 29th Mar 01
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18th Apr 09 at 14:58   View User's Profile U2U Member Reply With Quote

Have 6 shops around the north west selling manly things.
Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
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18th Apr 09 at 15:49   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Robbo
IF YOU DONT TURN UP AT YOUR SCHEDULED HOURS THEN YOU CAN ASK THEM. THE SICKNESS THING IS THAT THEY ARE ALLOWED A FEW DAYS GRACE HENCE WHY YOU ONLY FIND OUT AFTER A WEEK FOR A CERTIFICATE (Y)


Actually, thats not true.
By taking sick days, you are infact, in breach of your contract (providing you signed one).
Your contact will state that you will work 5 (?) days a week, with bank holidays off and days for xmas.

I think its a law that you must provide a doctors note for 4 days off or more?

Cosmo,
I dont think theres anything you can do in that instance.

We have found people regularly take the piss with sick days, so we've introduced a 'return to work meeting' whereby the manager will sit down with the person and determine what was wrong, how it can be avoided (if possible), is it cause by something/someone at work and so on.

It has cured a bit of it.

quote:
Originally posted by Russ
you cant stop her but you can ask her for proof

but she has no obligation to provide any.

Its a tricky situation.

[Edited on 18-04-2009 by Bart]
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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18th Apr 09 at 15:53   View User's Profile U2U Member Reply With Quote

Ive searched everywhere online and cant find a definitive answer either way!

Its different laws to what applies when she is getting signed off - in which case she does have to provide the proof within the first 3 days (these are classed as waiting days and no pay or statutory sick is paid for these days).
Doug
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Registered: 8th Oct 03
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18th Apr 09 at 16:14   View User's Profile U2U Member Reply With Quote

A call to citizens advice bureau may help out? They will be clued up on all the various employment laws.
K17STY
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Registered: 13th Dec 02
Location: West Lothian
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18th Apr 09 at 16:15   View User's Profile U2U Member Reply With Quote

You tried Acas? Id give them a call on Monday.

http://www.acas.org.uk/index.aspx?articleid=1461
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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18th Apr 09 at 16:16   View User's Profile U2U Member Reply With Quote

Yeah ACAS were my next point of call, had hoped someone on here could of saved me the hassle though
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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18th Apr 09 at 16:18   View User's Profile U2U Member Reply With Quote

my contract states that if im off i have to call the manager in charge. i got a bollocking once even though my absence was justified but i only sent a text to a senior
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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18th Apr 09 at 16:20   View User's Profile U2U Member Reply With Quote

Yeah, our contract states they have to make an adequate form of contact, and we have said that text is fine for some things so Im not having a go for that.

The fact she is basically refusing to show proof of an appointment does bother me though
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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18th Apr 09 at 16:25   View User's Profile U2U Member Reply With Quote

surely you're allowed to ask her to fullyprove her absence? i forgot a doctors appointment one morning and had to take in a dated prescription to prove i'd been

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