Wife Vs HR

Dis86 · 6 Dec 2024 at 18:24

A nice fun one!

Wife has been formally warned that she's now on a stage 2 warning for her attendance at work. This has apparently been triggered as a result of 2 absences within a short period of time, in line with the workplace attendance policy.

Yes. That vague.

The reason for the absences is emergency care of dependents, something we're both already aware is protected within law and cannot trigger any negative consequences.
She does not have a copy of the attendance policy. One is not available on their HR portal (not even mentioned). No other staff member has a copy. It simply appears not to exist.

She's already had a number of run-ins with HR after promised payrises didn't materialise (written records from her line manager and the head detailing the raises had been awarded) and they removed certain benefits she received during maternity leave.

This warning was delivered not by HR, but under duress by her line manager who made it clear to her.

HR are either utterly incompetent or acting maliciously here. Would you continue to let HR dig themselves in to a hole? Push back now? Go for legal action? Any thoughts on angles you'd take an arguments you'd make for this would be appreciated.

Dis86 · 6 Dec 2024 at 18:44

Participant said:
The attendance policy is normally in the original contract / T&C of employment. Was she given a copy of that?

Also, my next steps would be to start looking for a new job, just in case. I take it there are no union considerations here?

Nope, not there, first place we checked. Union is an option however her union rep is a bit...meh.

As it happens she's already looking for a new job. Bit of additional background is that it used to be a fantastic place to work but it was taken over. The original senior management team were all removed and replacements brought in. It has utterly destroyed the culture there and the performance.

Dis86 · 6 Dec 2024 at 18:44

Finners said:
How long has she worked there?

15 years.

Dis86 · 6 Dec 2024 at 18:56

Goodie said:
Where was stage 1?

Exactly. They skipped it.

Dis86 · 6 Dec 2024 at 19:04

Bear said:
It sounds like they are trying to constructively dismiss her

That was our thought. She's basically the last of the old 'regime'.

Dis86 · 6 Dec 2024 at 19:11

Bear said:
The wife says appeal the warning ASAP as some companies only allow a certain amount of time to appeal, else she would have to raise a grievance

Will do. Pass on my thanks to her please. That random man on the Internet she will never encounter

Dis86 · 7 Dec 2024 at 15:37

EvilRob said:
Evidence they are breaking the law by giving a warning?
The government site only says time off has to be given, not that you can't issue warnings for it.
You're legally entitled to have time off for sick leave but employers can issue warnings for it.

The company sounds awful but I don't think they have broken any laws yet.

The employment rights act of 96 says you cannot face any negative consequences

Dis86 · 9 Dec 2024 at 17:28

Monday update:

HR asked wife to come in for a chat as they'd been told she was unhappy about what had happened. HR finally produced the absence policy which has nothing in it at all about care of dependents. It also specifically and repeatedly uses the term 'sickness absence' which obviously this was not.

Worth noting I've had eyes on of the procedure and it is...wow. key takeaway from me is there's no revision date or history showing when and why revisions of been made. It's almost like someone knocked it up over a weekend...