Statutory Sick Pay *UPDATED AGAIN 28/2 PG2*

[tuck]

I used to be a personnel manager for a government department and dealt mainly with sick issues.

firstly a 'back to work interview' following a period of sick absence (even for 1 day), should ONLY be to discuss things such as how you are feeling, if you are well enough to be back at work, your employer should discuss any thing that has happened regarding work whilst you have been absent. A written note of the converstaion should be taken and given to you to agree after the discussion. you should be able to have someone with you of your choice.

Any other issues should be dealt with seperatly in a differant meeting and again you should be able to have an impartial person of your choice with you.

hope you get things sorted.

 

[Emmylou]

They sound like they have no emplyment training at all......ok, as said above a 'back to work' meeting is to make sure you are feeling okay, and fill you in on what has happened/ what you've missed whilst you've been off sick, so you shouldn't need anyone else present.

If she tries to talk to you about anything else (like a job chat/ discussing your position within the company etc), ask if you can have someone else present in the meeting (which you have a right to), to take notes. After this meeting, you will then need to read & agree the notes that have been taking (this is very important).

If she wants to talk to you about something you may have done that she disagre's with, then she has to do that in a disciplinary hearing, which should happen with 48 hours (iirc) notice in writing, showing anything she will be referring to (terms of contract/ paperwork etc) during the hearing to back up 'the case'. Unless you've broken the terms of employment that you have been made aware of, agreed to - then she can't get rid of you/ give you a written warning......especially as you would be able to appeal the decision, for the reason that you have never been provided with an employment handbook (?) or contract of employment.

To fire you without any other warnings on your file, you would have had to have committed gross misconduct (things like theft, violence, discrimination etc), serious misconduct usually leads to a final written warnings (being rude to a customer/ client, failing to follow security procedures that could endanger staff or the premises etc), and for misconduct (swearing in front of customers/ clients, persistant lateness, using the company phone for personal calls when not allowed etc) then it should just be a written warning.......obviously thats a generalised idea of a disciplinary outcome - preparing you for what she 'can' do, not what 'might' do - as if she does something like sack you for making personal phone calls - that would be harsh, and you would be able to appeal that decision. I've only added this in because of the whole 'what is happening with your employment/ if you come back to work' statement she made on the phone to you.

Sounds like she mentioned the purchase of another garage, as she may be advertising for staff, and doesn't want you to read into that that your job is being advertised.