Called to a disciplinary for absence - serious misconduct?!

[ISADOR]

I have been employed with my company for almost 6 months. In that time I have had 5.5 days off sick. Following my return to work from my last absence (2.5 days back in December) I recieved a letter from my boss saying the company wished to contact my doctor.

 

I hung on to the letter as my boss was on holiday and I wanted to get some HR advice first.

 

Yesterday I sent my boss a note saying that I though we should meet and discuss this - and told her I had no problem with them contacting my doctor, but that I was perfectly healthy thank you and fit to work.

 

In that meeting she also mentioned that the end of my probation period had passed without them noticing (it was the end of November). She said that they woudl like to extend my probation period for 2 weeks from yesterday. I said that while I was willing to enter into a review period, I was not willing to move to a 1 week notice period from my current 1 month notice period.

 

This morning I recieved a letter from my boss stating that I was being called to a formal disciplinary for 'serious misconduct' due to 'unacceptable levels of absence from work'.

 

The letter notes 8.5 days absence: 5.5 days I was off sick. 2 days that I worked from home - once due to a horrible cough and once due to a leaking roof and another day's holiday that I took due to same leaking rook.

 

This adds up to 5.5 days sick, 1 day holiday, 2 days working from home. In all cases I have informed work before 9am.

 

The letter also states that my company retails the right to take into account my length of service with the company and to vary the procedures accordingly.

 

So my questions are - is this serious misconduct? And also - what do they mean by the right to take account my length of service and vary the procedures accordingly?

 

Any other advice would be valued!

[Zamzara]

Genuine absence is not misconduct, however it can mean that you are incapable of doing the job and is a potentially fair reason for dismissal.

 

Within the first 12 months you cannot normally claim unfair dismissal but if you are dismissed you would be entitled to your full contractual notice and your employer can only vary it as the contract allows.

[ISADOR]

THanks - I don't feel that 5.5 days absence is TOO bad - they were all genuine and in all cases I called in before 9am.

 

I am concerned about the following statement in the letter I was sent: We maintain a statutory right to discretion by taking into account your length of time with the company and to vary the procedure accordingly in respect of formal warnings and inclduing termination. Is this true?

 

I've checked the staff handbook on on absence management, and the procedure set down has not been followed AT ALL. You are supposed to have a meeting after 4 days absence over a 2 month period - which actually I haven't had - it was 2 days in august, 1 day in october and 2.5 days in December.

 

Also - up until Tuesday all my boss wanted was permission for them to contact my doctor, which I had agreed to.

 

It was only after I refused to re-enter a probation period (and 1 week notice period) that I was called to a disciplinary hearing. I am sure that this is the REAL reason why I have been called to a disciplinary.