Help required with workplace discipline

omnomnom

omnomnom

omnomnom

Soldato
Joined
9 Mar 2012
Posts
19,075
Morning guys,

Sorry of this is the wrong place to post this, it isnt a medical thread but i will provide some background. In short my mental health has been suffering because of years of domestic abuse and its spiralled to a point where i have triggered the absence policy (10 days, 3 opportunities, that standard). I was off for a single day last wednesday however I didnt follow absence procedures as frankly i wasnt fit and able to. I was admitted into hospital via ambulance to speak to the crisis team. I was genuinely not in a fit state to make a phone call. My partner used my phone, got my managers number (personal phone) and sent her a polite text just updating her, she did this from A and E of which i have a full report for and proof i was admitted etc. My partner did say she didnt think id be able to come in the following day as i was in an absolute state, I did however make it in as i try my best. The following day they absolutely tore me to shreds claiming how it can be possible that im not fit to come in when my partner said i wouldnt be...

The same meeting i was told on Tuesday i would have a disciplinary with my director for:

AWOL - Not following absence procedures

Breach of trust - Breaking GDPR

Now the first, im not disputing however i wasnt physically able to make the call. The second however im finding a bit odd, my girlfriend did this as she thought my manager should know but she hasnt saved the number and only did it because she felt it was the right thing to do.

Ive been with my employer for three years and have disclosed every mental health issue ive ever had, this isnt anything new and im following the assistance programmes they have. I have never ever withheld information and ive been as open as possible.

Does anyone know where i stand with the GDPR shout? Personally, considering how slack my workplace is (no one locks screens etc) I find it a little harsh but i guess my personal feelings arent relevant.
 
Last edited:
My first thought is they may be looking to let you go. A lot of employers don’t like employees who are off sick often, even for genuine reasons. AWOL is into misconduct territory. GDPR I’m not sure on, I’d ask for copy of the policy.

Have a read of your disciplinary procedures and read up on ACAS. Also keep in mind that mental health is a protected characteristic, but doesn’t apply to everyone who has mental health. Employers will need to be careful if you have this protected characteristic to avoid discrimination claims or claims that reasonable adjustable haven’t been made.

Mental health and the law - Supporting mental health at work - Acas

Why it's important to take good mental health seriously at work.
www.acas.org.uk www.acas.org.uk
 
Last edited:
LiE said:
My first thought is they may be looking to let you go. A lot of employers don’t like employees who are off sick often, even for genuine reasons. AWOL is into misconduct territory. GDPR I’m not sure on, I’d ask for copy of the policy.

Have a read of your disciplinary procedures and read up on ACAS. Also keep in mind that mental health is a protected characteristic, but doesn’t apply to everyone who has mental health. Employers will need to be careful if you have this protected characteristic to avoid discrimination claims or claims that reasonable adjustable haven’t been made.

Mental health and the law - Supporting mental health at work - Acas

Why it's important to take good mental health seriously at work.
www.acas.org.uk www.acas.org.uk
Click to expand...
Thats really helpful, thank you. I will ring ACAS tomorrow and see what they advise. The GDPR thing i find bizarre as it simply isnt followed at all in the office. no one locks their screens and i feel this is now targetted. Reading the link youve sent i havent had any help whatsoever and im very VERY open about the issues ive been facing.

The first meeting back for eg i was absolutely grilled and it was very aggresive, it doesnt seem, reading your link this should have been the case.
 
Last edited:
Sounds complicated, but the fact you’ve been employed for 3 years, does mean you have significant protections.

It might also be worth calling Acas, they have a helpline and will know best.

Also follow the common sense rules here, make sure all correspondence is written, don’t sign or agree with anything unless you’re absolutely sure, make sure you get professional advice on anything you’re unsure on, and don’t let yourself be bullied.
 
Thank you. Reading ACAS there does seem to be some grounds for me to argue.

For eg the lack of a risk assessment (i was threatened with disciplinary if work didnt speed up for eg) seems to fall under this.
 
Sounds like they are trying to manage you out due to your absences. How did your partner get your bosses number, if it was via someone at your work place then it isn’t you or your partner that is the issue but the employee that gave her the number that has breached GDPR.

The fact your partner made a reasonable effort to inform your employer of your absence as you weren’t able, makes their AWOL rather weak as they were informed
 
Bear said:
Sounds like they are trying to manage you out due to your absences. How did your partner get your bosses number, if it was via someone at your work place then it isn’t you or your partner that is the issue but the employee that gave her the number that has breached GDPR.

The fact your partner made a reasonable effort to inform your employer of your absence as you weren’t able, makes their AWOL rather weak as they were informed
Click to expand...
They were informed but after the working day. She obtained the number from my phone as far as im aware. The issue is, my manager doesnt have a work phone so there isnt any number to send message to. Last year when a similar episode happened my dad called and spoke the same manager, on the same number and this wasnt an issue so i think point r.e managing me out is correct.
 
Whether this is relevant but in the past 12 months my password has been reset and passed to a colleague (i have evidence). Would this be worth bringing up as a counter to their GDOR claim?
 
It does sound like they are trying to manage you out.

With the GDPR thing, if they are lax about things like locking screens in the office, yet jump on GDPR when it suits them, that speaks volumes IMO.

If you were absent and didn't get someone to call in for you, they might have called the next of kin number they hold on file because they were concerned about you. Would your partner then grill them for making an unsolicited call? Of course they wouldn't, the GDPR thing is just rubbish.

The main thing I took away from your post is that you've had time off for domestic abuse issues. To hell with work, do what you need to do to put yourself in a safe place. Once you're able to look after your own well being, you can then find yourself a decent employer.
 
HR are doing their job protecting the company from its employees. They'll get rid of you one way or another.

Would you be better off doing something different, or at another company?

I wonder what the situation is regarding benefits if your mental health means you can't hold down a job. Sounds like a disability to me (but I know naff all about this).
 
throwaway4372 said:
HR are doing their job protecting the company from its employees. They'll get rid of you one way or another.

Would you be better off doing something different, or at another company?

I wonder what the situation is regarding benefits if your mental health means you can't hold down a job. Sounds like a disability to me (but I know naff all about this).
Click to expand...
Ive been here for 3 years and before that with a company for 12 years. Holding down a job hasnt been an issue but this past 12 months its escalated due to various issues. Ive never claimed benefits.

HR might be doing their job however i do feel like they havent put anything in place to for eg change my workload and instead of piled pressure on which is a contributing factor. The GDPR shout for me is them clutching as its the worst company ive ever worked at for GDPR policies. To pull me when im stuck in A and EE for a text seems a bit much.
 
With the leave you'd have to follow the company policy on sick leave and any infraction of it.

Is there a company policy on notifying them in an absence. Ours stats it has to be a phone call and to a manager any manager .
 
I think if a company is being stuffy about someone informing them of an absence in the circumstances described, I think you've no future there.
 
  • Like
Reactions: LiE
You must log in or register to reply here.
Back
Top Bottom