Employee calls in sick but is abroad on holiday
Employee calls in sick but is abroad on holiday
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Discussion

Tyre Smoke

Original Poster:

23,018 posts

290 months

Wednesday 4th January 2012
quotequote all
Had a text last night from an employee that has been on two weeks leave over the Christmas. Had a text on Monday checking what shifts they were working this week. Last night I had a text at 2100 saying they had been ill for a few days and had been to the doctor and wouldn't be back until Thursday. I've just rung their mobile and got a foreign ringtone. The sort of ringtone you get in Spain. After a couple of rings it changes to a UK tone and goes to voicemail. I call back and it goes straight to Orange voicemail.

How do I play this? She has a history of messing me about, booking holidays before booking leave, surprise holidays being booked for her by her family at the last minute and giving me 24 hours notice she won't be in for a week, this sort of thing. Clearly she is lying to me or has lied to me, so how shall I deal with this?

TonyHetherington

32,091 posts

279 months

Wednesday 4th January 2012
quotequote all
Can you find her on Facebook? That will be the final proof if you can. Otherwise there might be a "I lent my phone to a friend who went abroad" excuse.

Devilstreak

8,088 posts

210 months

Wednesday 4th January 2012
quotequote all
My advice is tread carefully and ring Acas.

Vipers

33,496 posts

257 months

Wednesday 4th January 2012
quotequote all
Nip around her house to check if she is actually away. If you think she is pulling a fast one, guess you must take her to one side, and talk it through, rather than go in like a bull in a china shop.

Good luck.




smile

Efbe

9,251 posts

195 months

Wednesday 4th January 2012
quotequote all
is she good at her job?

Tyre Smoke

Original Poster:

23,018 posts

290 months

Wednesday 4th January 2012
quotequote all
Efbe said:
is she good at her job?
Generally, yes. But increasingly unreliable over the last 12 months.

Stuart Truman

50 posts

182 months

Wednesday 4th January 2012
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Do you have a qualified HR or legal person on board? If not then as someone else already said, tread carefully. You "could" go around to her house with flowers, (nice employer wishing poorly employee well) and if she's there and genuinely ill you come over as the nice boss. If she's away then you can have the "we'd like to discuss your future" conversation when she finally turns up.

BrabusMog

21,763 posts

215 months

Wednesday 4th January 2012
quotequote all
I suspected someone of doing this to me before and, rather than going to HR, I sent them a meeting request when they returned.

Sat down and told them I was 99.99% sure what they had done and that I wouldn't be taking it to HR on this occasion. Cue an instant apology and promises it will never happen again. And it hasn't.

Buff Mchugelarge

3,316 posts

179 months

Wednesday 4th January 2012
quotequote all
If I did that in any job, I'd be expecting to be given the boot after the second 'surprise holidy'.
I presume your other staff can manage to organise thier holidays ok?
I'd also be thinking of what effect this may have on your other staff, if they see it going on?

Basicaly I'd sack her. Just be careful of the 'lawsuit generation'

Tyre Smoke

Original Poster:

23,018 posts

290 months

Wednesday 4th January 2012
quotequote all
Just spoken to ACAS and they say I can make reasonable effort to contact her. I have just rung her home and asked to speak to her. He dad has just volunteered that she is in Cyprus and flies home tonight.

I feel suspension and a disciplinary for Gross Misconduct coming on.

TonyHetherington

32,091 posts

279 months

Wednesday 4th January 2012
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What a wolly. (her).

bigandclever

14,337 posts

267 months

Wednesday 4th January 2012
quotequote all
Cheeky cow. Meet her at the airport smile

garrykiller

5,670 posts

187 months

Wednesday 4th January 2012
quotequote all
personally i wouldnt take a text as a valid form of calling in sick! the person in question should of called you to explain reasons etc.

Miguel Alvarez

5,176 posts

199 months

Wednesday 4th January 2012
quotequote all
bigandclever said:
Cheeky cow. Meet her at the airport smile
Lol.

don'tbesilly

15,362 posts

192 months

Wednesday 4th January 2012
quotequote all
bigandclever said:
Cheeky cow. Meet her at the airport smile
With or without her P45?

Tumbler

1,432 posts

195 months

Wednesday 4th January 2012
quotequote all
How does her contract state she should report sickness? She may have intended to return to the UK and been taken ill, some airlines will refuse to carry you, but she would be able to provide proof of changing her flight and any medication prescribed.

blueg33

46,311 posts

253 months

Wednesday 4th January 2012
quotequote all
Tyre Smoke said:
Just spoken to ACAS and they say I can make reasonable effort to contact her. I have just rung her home and asked to speak to her. He dad has just volunteered that she is in Cyprus and flies home tonight.

I feel suspension and a disciplinary for Gross Misconduct coming on.
Do you want to dismiss her? Normally Gross Miscounduct would lead to dismissal. If you want to keep her, its written warning time IMO.

Its a good opportunity to raise your other concerns about her effectivness

ACAS was a good call.

helmutlaang

519 posts

188 months

Wednesday 4th January 2012
quotequote all
Invite to a disiplinary hearing when she gets back detailing the accusasions against her,with dates,and also the possible outcome of the meeting.

Give her a few days to prepare a defence from when she is served with the letter,i.e: if she is due back to work Monday then serve her with the letter with the date and time of the hearing on,say,Friday.Also inform her that she has the right to a witness at that meeting and I would suggest you do the same.

If you feel she can do damage to your company or reputation while waiting for the meeting you can suspend her on full pay immediatley.

If you have records of her recent misconducts then you may be able to go for dismissal if you wanted to do so.If not then when she takes you to a tribunal it may be more difficult to defend your actions.This obviously depends on what your employee handbook says on conduct/gross misconduct.

The key is to have your witness minute the meeting WORD FOR WORD.

And when you serve her with the letter refuse to discuss it with her until the meeting.And be 100% sure your evidence is watertight.

Good luck!

TheForceV4

543 posts

216 months

Wednesday 4th January 2012
quotequote all
Do you have a sickness absence management procedure?

At my work a text would not be deemed an acceptable method of communicating absence.

Tyre Smoke

Original Poster:

23,018 posts

290 months

Wednesday 4th January 2012
quotequote all
I don't want to dismiss, but I have had incidents with her in the past and she needs to understand that this sort of behaviour will not be tolerated. I have spoken to her strongly in the past and made it clear that this is not acceptable behaviour. Obviously this has fallen on deaf ears.