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Disciplinary action for worker's absence

My employer insists on a Doctor’s cert for one day’s excused absence and two days absence on a six months period warrants disciplinary action including dismissal. Can you clarify? Bill.

My employer insists on a Doctor’s cert for one day’s excused absence and two days absence on a six months period warrants disciplinary action including dismissal.  Can you clarify?   Bill.

Hi Bill,  If a person phones in sick to their workplace an employer is within his or her rights to ask for reasonable proof of sickness.   These circumstances should all be set out in your Contract of Employment and  by that I mean the letter that you would have received from your employment on your starting work.   All the rules and regulations and the job description should be set out in that letter.   In fact many employers have a comprehensive book setting out disciplinary procedures which must be followed very carefully.

Assuming that an employee has more than twelve months continuous employment as defined by the Unfair Dismissals Act I would feel that one omission to get a Doctor’s certificate would not entitle the employer to unreasonable action.   It may be open to he employer to serve a warning notice on the first offence and even if there was a second offence it might require a warning notice but if there was persistent absence through sickness without proving that sickness then eventually after several examples and warning notices dismissal might be an option for the employer.

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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