I reicved a final written warning in dec for have 2 absences within 2 weeks which one was a broken arm ( i had a sick note ) i went home last monday ill and didnt return to work until wed i didnt phone up on tuesday to say i wasent coming in and now im up for another disaplinary and worried about loosing my job, other people who have done this have just been given sickness reviews and not disaplinarys do i have a case to fight here ??
Well if you had a final written warning in December and have had a further absence there is a pretty good chance they will take it on to the next step which is dismissal. You can of course fight it- maybe send in a written apology for not informing them of your last absence.
The grounds are incapability- it doesn't mean they disbelieve you were genuinely ill.
Of course if you've been there less than a year they can simply dismiss you without following a disciplinary process.