Another one for you all!
There is a lady that works for us who has had quite a lot of sick leave due to migraines. She has been spoken to about it quite a few times and she sees our Company Doctor on a regular basis.
We have asked to contact her Doctor as we want to see what we can do to support her and see if its anything to do with work (stress levels possibly!) She has been given all the infomation for this and our Company Doctor as explained to her why we want to contact her Doctor.
She is not coming back with any information on this and we have made contact over last few months to get this rolling. To the point that we have wrote her a letter advising that if we can't contact her doctor then the company will look to deal with this as a high level of sickness through the disciplinary process.
So, how long do I wait for her to come back to me after weekly emails chasing her before we start the disciplinary process. She also seems to have time off when her boss is off!
Look forward to your thoughts!
Thanks
Rachel
Replies
I would also inform the employee that the information you want to access is to help you assist them and to ensure you have the full knowledge to help you make any decisions. I would make the employee aware that if you do not access to the full information then any decisiosn you make will be based on the limited information that you have. Hope that makes sense
Thanks Sam, she has contacted me since and I did reassure her that we don't want her entire medical history and that we are trying to support her. Some of what she says still doesn't quite add up but at least she is communicating.
Hi Rachel
Thats a very odd situation as you cant keep it going on for too long. Im not sure if this will help but as a general rule in disciplinary process a hearing might be arranged in line with the disciplinary procedure of the company so if you have waited a few weeks id assume that that would be enough time... it is likely that the proceeding actually form a part of their 'capability procedure'. It can be lawful for an employer to dismiss on the grounds of incapability due to ill health, providing the employer pays heed to the provisions under the Disability Discrimination Act... should the act apply.
In law, disciplinary procedures are invoked in matters of behaviour and conduct... but elements of the procedure may be used in other instances unless they are discriminatory.
For expert advice go to the ACAS website. http://www.acas.org.uk/index.aspx?articleid=1461 They have a helpline number and will give you proper and impartial employment law advice.
Hope this helps you :)
Thanks for response, yes it does help, think I will start the process and go from there!
HR would be so much more straight forward without the employees!
Rachel :o)