RTA- Main "A" Road Due To ICE

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gavintc

Guru
Location
Southsea
Sh4rkyBloke said:
At the risk of appearing stupid... how exactly can they take formal action against you for taking time off work?

As a boss, employing a bunch of people, it is a common issue. People do abuse the sick to add time to their leave entitlement. We have an HR policy that demands that the line manager interviews employees regarding their sick record if they exceed a trigger number of days in a period of time. The employee is interviewed and normally, you just record the interview. Some continue, always taking a Fri or a Mon off and you put them on a formal warning. I have one employee with whom we are taking it to dismissal; a regular and habitual sick boy.

In my opinion, the case detailed by gb does not need go anywhere near what is deemed an unreasonable amount of sick. His TU will assist.
 

stowie

Legendary Member
gavintc said:
As a boss, employing a bunch of people, it is a common issue. People do abuse the sick to add time to their leave entitlement. We have an HR policy that demands that the line manager interviews employees regarding their sick record if they exceed a trigger number of days in a period of time. The employee is interviewed and normally, you just record the interview. Some continue, always taking a Fri or a Mon off and you put them on a formal warning. I have one employee with whom we are taking it to dismissal; a regular and habitual sick boy.

In my opinion, the case detailed by gb does not need go anywhere near what is deemed an unreasonable amount of sick. His TU will assist.

That's fine - but taking a chunk off sick - signed off by a doctor, with presumably a hospital record is a bit different to taking Friday off because you want to extend the weekend.

I have been a manager of people before now, and know a little about HR employment regs, and I would say that trying to enact a disciplinary based upon sick leave signed off by a doctor is sailing way close to the wind.

A shame a TU has to get involved, and the employer sees fit to treat an employee in this way.

A TU or the CTC would make mincemeat of this. GB has had a story run on his cycling weight loss in the local BBC website, and an award from the same council for achieving this. And his bicycle has been obtained through the cycle-to-work programme! Even if GB is not with a TU at the moment, or even the CTC, I reckon they would take this on as a matter of principle.
 

HelenD123

Legendary Member
Location
York
If some threshold in the sick leave policy has been tripped shouldn't Occupational Health become involved? It sounds like you work for a large employer some I'm assuming they have one. I'd have thought your manager would be laughed out given the massive positive effects the cycling has had on your health.
 

downfader

extimus uero philosophus
Location
'ampsheeeer
Actually with regards to the threshold for sickies it does remind me - I had this very situation last year. I'd been knocked off last 3rd of 2008 and had to take nearly 2 weeks off myself, then I was on light duties for about 3 months (not easy in my job as there arent really any light duties)

It transpired that I had tripped this threshold (some are set yearly, mine it turned out was for 24 months) and had to go for a review. My immediate boss was very embarrissed at having to ask me a load of questions and even she said it was OTT.

As everyone has said earlier a good Union will help with that. And Helen is right, sounds like Occupatiional Health should be involved.
 

Crankarm

Guru
Location
Nr Cambridge
Blimey, Ouch poor Gaz!!!!

I would look at WHY they are taking this interest in you?

Firstly it could be a junior manager poorly interpreting the rules on sick leave. They have failed to exercise reasonable application to your circunstances.

Organisations have policies and procedures for good reason. A Council will be no different. If they do not follow them or apply them arbitarily then they can be onto a hiding to nothing.

There seem to be several aspects to your current predicament.

1) Your RTA resulting in your time away.
2) Your relationship with your employers.
3) Application of policies and procedures.

I would speak with a Union Official but NOT one of those reps who is merely using union work to expand their CV. Maybe you can speak with the Union's legal help line who will give advice regarding your employment relationship - what is happening to you does it amount to harassment, bullying or breach of contract and advise you on the other aspect which is your RTA and resultant injuries which would be a PI claim against the local authority.

It may be that behind the scenes some one has thought, this is going to be REALLY embarrassing IF our employee decides to sue us over his RTA which incidentally you can do whilst still employed but which could become tricky though depending on your role and responsibilties at the Council. Do you work in the department that has responsibilty for highways? Can you see the conflict I am alluding to? I suspect your employer may be anxious should you choose to bring an action against them as a road user who has been injured on a road they have liability for. Being knocked out, hospitalised and having two weeks off work and then perhaps being on less demanding work activities when you return, might just be spooking them, given they may be the organisation with liability for the road and your employer.

If you feel your treatment is without justification or without foundation then seek a written explanation from managers. If you are not satisfied with this then approach HR and commence a grievance procedure.

To me and everyone else on here it would seem the Council are setting themselves up for a big fall. But unless you stick up for yourself your life will be made miserable and they will force you out. If the matters you write about cannot be resolved sensibly and reasonably to your satisfaction then I would have thought that any action you brought against them through exerting your employment rights or personal injury would be SUBSTANTIAL.

I would suggest you seek specialist employment and PI advice from ideally an employment lawyer and PI solicitor respectively. Maybe your Union or the CTC (Russell Jones Walker) could assist? Watch out for any conflicts of interests though as large firms of solicitors such RJW can work for both employer and employee. You need fully independent advice so ask the people who you seek advice from whether they have or are representing your employer? AFAIK RJW represents union members was well as CTC members. RJW used to provide legal advice to members of the IPMS Union.

Make records of all conversations and meetings. Try to get witnesses or some one independent to attend with you at any meetings which you are entitled to. Try to stall impromtu meetings by saying your chosen companion is unavailable. You should at least have 24 hrs notice of a formal meeting with management and be given an opportunity to arrange for a companion of your choice to attend with you. Also any informal chats with management which you feel could be material to your circumstances try to get in writing. You could say "Any chance you could email that to me?" Then print the emails off in triplicate.

Try to establish whether managers have deviated from laid down procedures at any point. Some one mentioned back to work interviews and occupation health. I would have thought involvement of OH was obligatory where some one had been hospitalised becoming unconscious because of an RTA, surely? Your employer has a duty of care toward you this includes a situation where you have returned to work following serious road accident of which they are clearly aware. They have to make adequete allowance and cannot just side line you. Occupational health should be able to identify what you are capable of and any assistance you need to carry out your role and recommend any allowances that should be made by managers. As I say if they have not done this then they are on a hiding to nothing.

What a shocking turn in attitude from an organisation that appeared to have recognised your achievements so highly. They will find it hard to rebutt this.

Bottom line is do you wish to continue working for them? If so seek amicable resolution keeping things very cordial giving them a very large benefit of the doubt, maybe some one has exceeded their authority or has arbitarily taken exception to you; if you don't want to work for them then get dirty and sue the ass off them.

Good luck.

Ps. I wouldn't involve the press at this time as this may be viewed by your employer and tribunal as breaking the relationship of mutal trust and confidence which is implicit or expressly stated in employment contracts between employers and employees. Maybe after it is all over if you still remain dissatisfied you can call the local rag. I think employment tribunals are public anyway. Not sure.
 

HelenD123

Legendary Member
Location
York
+1 for keeping even the threat of going to the press as a last resort. In your case you have a very powerful weapon and need to use it wisely.
 
I don't think i can do any better than the other comments on here, so *ouch*, hope you're feeling better, and good luck!

They surely can't dictate to you how to get to work; and with the state of the pavements up in our part of the world walking to work (or to the nearest bus/train) would have been more dangerous IMHO. As for the 'formal action' maybe as others have said it's just a tick box exercise; if not persue further.

(may I ask where the accident was? for my own info if I'm ever about that part of town...)
Is the road one that's supposed to be gritted...?
 

summerdays

Cycling in the sun
Location
Bristol
I found on my local council website they published a map showing which roads would be gritted - basically on the main roads and a few bad hills.
 
Bollo said:
Word of warning ig you go to the local paper (MEN I presume). They may want to spin the story in a way that you don't like, and expect the usual nutters commenting if it goes up online.

MEN has a dedicated Nutter following....
 
OP
OP
gb155

gb155

Fan Boy No More.
Location
Manchester-Ish
Just wanted to thank everyone for the help and support, I will take a serious look at how to tackle this, nor sure about the media, unless of course I want a new job :smile:

all the comments and suggestions have given me a clean idea and its much appreciated.

In other new I managed 7 miles in 22 mins on my Hybrid this morning :biggrin: so the knee is getting better, cant wait to get a hold of my Ribble again :smile:
 

gavintc

Guru
Location
Southsea
gb155 said:
In other new I managed 7 miles in 22 mins on my Hybrid this morning :sad: so the knee is getting better, cant wait to get a hold of my Ribble again :biggrin:

That is a very good time for any bike, let alone a hybrid. Your knee is clearly improving (obviously needed the 2 weeks of sick leave :biggrin:). I wish you all the best with the council and that you resolve the matter with an acceptable outcome.
 
OP
OP
gb155

gb155

Fan Boy No More.
Location
Manchester-Ish
gavintc said:
That is a very good time for any bike, let alone a hybrid. Your knee is clearly improving (obviously needed the 2 weeks of sick leave :sad:). I wish you all the best with the council and that you resolve the matter with an acceptable outcome.

To be fair it an easy route in the morning, the evening is more of a challenge but I posted a time of 25 mins last night, so I am getting there :biggrin:

Thanks Man

To the person who asked where it was, It happened on Hyde Road, oppo Debdale Park, for those that dont know, this is a 4 lane road (that for a short time goes into 5 lanes) so is one that MCC has to keep free from snow/ice.
 

jig-sore

Formerly the anorak
Location
Rugby
yeah Ok, i admit going to the papers is a bit of a knee-jerk reaction and probably not wise at this stage but I'm still truly appalled at the way they have treated you.

lets hope it's just a case of them having to follow the system and they actually realise how stupid it all is :evil:
 
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