So me and my partner work for the same company. We’ve had a tummy bug/food poisoning and took a day off sick at the same time, which wasn’t pleasant because we only have one toilet. We phoned-in individually and followed the usual sickness protocol.

On returning to work, both our managers took us aside and said if we’re off together again we’d get a written warning.

Can they do that?

No.

Have they said what the written warning would be for?

I can see why they would have their suspicions but no I don’t think they can forbid a couple from being ill on the same day.

No. To be honest I just took it on the chin because it will never happened again, hopefully. it’s only now when I’m filling my sick form in that it doesn’t matter what reason i give.

Both of you should ask (in writing) for it to be put in writing including the reasoning behind the ‘threat’. Fkcu em (assuming you weren’t tossing it off).

Can they do it? Sure, they did.

Does it mean anything? Nope, not until it happens again and they do whatever it is they think they’re going to do. Then ask us again.

tree-magnet – Member
No.

johndoh – Member
I can see why they would have their suspicions but no I don’t think they can forbid a couple from being ill on the same day.

Actually yes they can. Whether any normal person would consider it appropriate or not is a different question. There is no legal framework on how absences should be dealt with within a business.

The issue is what recourse you have. They are required to have a formal grievance procedure, which you can invoke if you are unhappy with any action taken. However, depending on the size of the business there may not be anyone to hear the grievance (the owner could be your manager for example).

The only recourse you’d have at that point is to leave and claim constructive dismissal, however even that would be hard to prove. You’d have to demonstrate that the action taken against you is wholly disproportionate to the offence and there was some form of intent to make your life untenable with the company.

The only exception would be if they disciplined your partner and not you (if she’s a woman) as she could claim it was a sex discrimination issue, in which case the burden of proof is back on the employer to justify the difference in how you’d been treated.

both our managers took us aside and said if we’re off together again we’d get a written warning

No more holidays together again, that’s a bit harsh 🙂

I’m a bit annoyed by it. We were both genuinely Ill.

On returning to work, both our managers took us aside and said if we’re off together again we’d get a written warning.

I’m a bit annoyed by it. We were both genuinely Ill.

Have a chat with them. <Some> Managers are people too.

My advise would be to request an informal discussion between all four of you.

You explain to the managers that you fully understand their concerns and that it could look a bit suspicious, however, it’s the first time it’s ever happened in x years and obviously you don’t expect it to be happening on a regular basis. It was genuinely a case of you both having the same ‘bug’ or whatever.

You then tell them you are both anxious about the implications of it happening again and you’d like them to explain what they expect you to do if such circumstances arise again.

Explain you are seeking guidance and not just being arsey.

Basically, what do they expect you to do in these circumstances??

Have a chat with them. <Some> Managers are people too.

Beat me to it. And much more concise too!

Beat me to it. And much more concise too!

Saw you typing and thought I’d get in there first.

(Sinister cackles)

Saw you typing

I literally just looked over my shoulder 😯

Depends, if you have poor attendance record then a written warning might be in order, the fact you were both off at the same time is irrelevant. If they are suspicious you both threw a sickie at the same time they better have something decent to back it up as being AWOL and then lying about it is misconduct not an attebdance issue. I always tell my staff that I treat all sickness as genuine as I’m not a doctor and can’t gauge how ill someone is. If I have proof you were ok but claimed to sick we’d be having a very different discussion.

Mind you I love the protestations when someone ends up with a warning after being off for something like pneumonia, but I was really ill this time! So the other half a dozen absences that led up to the warning were just duvet days then? Sickness absence is sickness absence, if you have too much for multiple reasons you’re not fulfilling your contract (repeated absence for an ongoing condition under treatment are a bit different).

I think you should speak to your employer and make it clear you both had the same bug. I think their behaviour is outrageous, personally I’d look for another job (note always risky to both work for the same company in case it goes bust)

The only recourse you’d have at that point is to leave and claim constructive dismissal

No you can’t. Don’t leave, thats voluntary you need to let them fire you unless you want to endure m onths of legal wrangling as to why you were “forced” to leave.

OP, you are entitled to the statutory sick process, which means you’re fine they cannot touch you. If its a repeat offense they can ask and you can decline to discuss medical issues with your doctor or invoke thier doctor to look at you.

I’d be more pissed off that my employer doesn’t trust me / be understanding enough to have mentioned a written warning for two people in the same house sharing a bug.

But its lesson learned. Next time go to the office with it (its for your benefit anyway as they’ll have more toilets), make sure you shake this persons hand after you’ve splattered the pan without washing your hands afterward and tell them your not feeling too good.

Have the next day off smiling with glee that the office will most likely me crippled with the shits in a few days time.

If question why you came in, mention aforementioned mistrust lead you to be overcautious and turned up for work anyway.

Had similar, girlfriend was home from Uni and we’d gone out for a family meal and I either got food poisoning, or just overdid it. Took a single day off work with sickness.

I worked at the same place as her mum, and my gf was a previous employee before she left to go to Uni so they knew her.

They decided I’d skived off as she was home and I got dragged into the office to ‘discuss’ the attendance procedure and what would happen if it occurred again. What was really annoying was that I’d spent the day in bed and she’d gone out with family for the day so she wasn’t even around to bring me dry toast or cups of tea!

Good attendance record as well, unlike many who felt they were entitled to take the day off after a heavy night out.

As Kryton says – this is totally wrong. Disciplinary and sickness procedures should never be run simultaneously.
Your employer may have a formal absence monitoring process but you cannot be disciplined for being sick.
I suspect simply incompetent HR leading you to believe action under absence policy was the same as disciplinary.

Ask to see your employee handbook / HR policies on disciplinary and absence. Have a good read of them then decide if you want to make a fuss about it. I suspect its not worth the bother as anything HR have said to you now is meaningless.

JOin a union