Legal Question in Employment Law in United Kingdom

Can an employer demote an employee for excessive sick days following disciplinary and final written warning even if they have several health issues proven by gp and controlled by medication?

I have several health issues. Including asthma, sinus tachycardia (heart defect), stomach ulcers, awaiting tonsillectomy and Gilbert syndrome (liver complaint) I have had 16 occasions off work in one year when the company policy states only 3 are allowed. I have attended 3 disciplinary hearings since January which in turn resulted in a letter of concern, my first written warning and then this third time my final written warning and a demotion/pay cut. Is this legal under my circumstances?

I feel this decision is unjust!


Asked on 4/24/14, 7:22 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

24.04.2014

Dear /Sir / Madam,

In my view, the Company has been taking a very lean stance in your case. With so much of medical complications, your services in the Company ought to have been terminated long ago.

Regards,

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Answered on 4/24/14, 8:15 am


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