sick notes

[Emsiwemsi]

In December 07 I started a new job, at my interview I told my manager I was due to have my gallstones removed on New years eve. I went for the operation and the doctor gave me a two weeks sicknote which was handed in the next day to my new employers. Im now facing a discaplinary as they have classed my two weeks sick as unacceptable absences. Can they do this?

[Lakitu]

Not if you have a line from your doctor.

[buildersmate]

Several questions. I assume you started this job in December 2007 - not 7th December 2008 (which was a Sunday).
If so you've been there just over one year (so have gained some protection from unfair dismissal).
If so, what time have you had off in total since December 2007 until now - including the 2 weeks for gallstones? Please indicate the number of occasions you have had off, and the total number of days.
If this is the only occasion of absence in 13 months and it was for an operation, you (probably) have a reasonable grievance. But I suspect there is more to this (in terms of previous absences).
Lakitu, I'm afraid, is incorrect. Certified absence does not protect you from disciplinery action for the total 'Package' of absence occasions. The bottom line is that if you are absent frequently you are not able to do your job. In the event of dismissal, the employer would probably use grounds of capability.

[EmEd1984]

Emsiwemsi (my mum calls me that!!), do you mean you started in December 2008?

[Nannyjillx2]

What did the Manager say at the time of the interview?If they thought it was unacceptable I can't understand why they offfered you the job?

[Hymie]

Only two weeks off for gallstone removal - I seem to recall my boss took three months off for this - was he pulling a fast one?

[Emsiwemsi]

Heres the background:-
Started there 16th December
Operation 31st Two weeks off
My son had to have major eye surgery after popping his eyeball in which I had to phone in as I needed to take him to A&E that was only 1 day.
In March I ripped my hand open I had one day off.
I had a formal disscussion with my boss in April. In which she had said that I had 15 days off.
Then 3rd June 08
17th July 08.
I was sent a letter for a discaplinary hearing which was held 8th August 08
I was given a verbal warning
I was ill for about two weeks but i kept on giong in work until 16th january09 when I couldnt get out of bed which my fella phoned in.
I managed to return 17th still unwell. On the 20th Janl I was struck down with sickness and the runs which lasted two days on which I phoned in , I returned to work., I am still unwell.
I filled in my back to work and when I was telling her what was wrong on the 16th I told her I had the flu and couldnt get out of bed, and she crossed out flu and put cold symptoms.
Thats it! I would just like to add that Im a cleaner, and in the last 6 months I have done double the amout of hours im supposed to, I have always been the one to do extra time if someone wasnt in. which meant me cleaning then replenishing shelves working on tills, and sorting out deliveries etc..
Im just wondering if She is picking on me as a few other staff have had more days off than me but nothing has come of it.

[buildersmate]

OK, now we have the bigger picture.
It isn't the gallstones absence covered by a doctor's note that has specifically caused the problem - its the wider pattern of a range of absences for various reasons. I appreciate that some of them are family-related and others are illnesses (not faked). So on the pattern like that your employer is acting reasonably in undertaking a disciplinery hearing. Also, if you feel that your attendence record is no worse than some others, then please point that out as well (though each individual case should be being treated on its own circumstances.
In mitigation, I should point out your commitment to doing extra hours when you are fit to help the company out.
You are on a verbal warning so I would expect the next stage to be a Written Warning or a Final Written Warning, seeking specific attendence targets.
As the letter to you confirming it will undoubtedly say, please try your hardest to keep to it or further absence levels above it may lead to your dismissal (grounds of capability).

[factor-fiction]

I agree with buildersmate. And just to comment on what Lakitu says- just because someone has a sick note does NOT prevent the employer taking action on the grounds of capability. The absence may be genuine but where it is considered unacceptably high (or even just a cause for concern), employers can and do start to invoke capability processes. On its own, a 2 week absence for someone who otherwise had a good record would not normally lead to any action, but if it's grouped together with other absences then action may follow.

[Emsiwemsi]

Thank you very much for your answers everyone.