Ooh what a complex case, AKA - a management nightmare! I smell a rat - she
has had almost 11 weeks off sick over a four and a half month contract - so
she is away from work more than she is in work. Had this been one period of
long term absence associated with a hospital admission it would be a
different issue. -it is also repeated short term non-attendance. Significant
health problems tend to be periods of long term sickness. The Bradford
Factor is 5400, one long term absence would be a factor of 54 so that degree
of non-attendance should focus management action.
Did the employer not take up references and does her current attendance
pattern mirror that in her previous post??? If refs were taken up I wonder
why she was offered the post in the first place.
1.I am making an assumption that her illness could be covered by the
Equality Act. Has the employer has put in place suitable and sufficient
support mechanisms - if so what more can they reasonably be expected to do.
Are the requirements of her current post adversely impacting on her health -
would it be reasonable to make further modifications
3. Is she still within a probationary period?
Now shoot me down in flames and call me hard nosed - but if I were her
manager and I had done everything which was reasonable to support her then I
would go down the disciplinary route following appropriate policies and
procedures of course. Her non-attendance is likely to impact on both the
business and her co-workers. She can't claim unfair dismissal until she has
been employed for a year - the manager shouldn't let it get to that stage.
Bet this is public sector!!
Anne
Anne Harriss
Course Director
LONDON SOUTH BANK UNIVERSITY
On 28/11/2011 15:48, "Shelly Watson" <[log in to unmask]> wrote:
> Dear List
>
> I am hoping I could pick your brains on the below case:
>
> We had a lady who started work in July 2011 and hass had 54 (in 10 seperate
> occassions) days of sickness already. Her preemployment indicated that her
> condition would result in above average absence and require support. HR put
> adjustments in place and gave side by side support to help her as much as
> possible. I have today received a referral from manager who has concerns over
> poor attendance and the impact it is having on her perfomance and ability to
> carry out her role. This employee has a history of depression since the age
> of 14, has IBS which is stress related and sufferes extreme anxiety, low self
> esteem and a general disregard for men due to significant family hisytory of
> peadophilia and rape.
>
> As always your comments and contributions would be highly appreciated
>
> Shelly
>
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