Disciplinary for not doing overtime

[Mike Row]

Hey,
I'm sorry if this is the wrong place to post this question but I just need a quick legal advice from someone experienced.
So recently, I had a situation in which my employer called me on Tuesday to do an overtime on Saturday. I agreed to do the shift, however on that day I was sick. So I texted the manager in charge of the shift that unfortunately I wont be able to show up. After that the deputy store manager contacted me that this is unacceptable and that she will write it as an awol. Because of the fact that this technically was my 3rd sick call in the past 6 months they have issued an investigation and gave me counselling. I would like to get some advice as personally I do think this is legally sound. Can they issue an investigation if I just called in sick for not doing an overtime shift? I was not in breach of my 8h a week contract, it was just an additional shift that I voluntary agreed to do and then withdrawn my willingness to do it.

 

[Newchodge]

Once you accepted the overtime you contracted to do it. Not doing it is a breach and they are entitled to take their normal action.

 

[paulears]

I love the idea that you can agree to do something, then change your mind? I've been self employed since 2004, and have never, ever let any of my clients down - I have been sick of course, but I found a replacement - I didn't just leave my client in the lurch. I expect your employer just cursed the fact they trusted you with overtime, and didn't give it to somebody else.

I realise it wasn't your fault - but it certainly wasn't theirs, and they got the hassle from your illness. The 3rd sick call in 6 months, and having a system to deal with it sounds like they know what they are doing, so as we're a business forum, swap this around a little, to your bosses posting here.

"One of our employees promised to do a Saturday shift, but phoned in sick at the last minute. Sadly, this is the third time in 6 months they have done this. What should we do?"

The usual answers would range from fire them to cut their hours and give them to somebody more reliable, or perhaps just cancel the promotion that was about to be offered, or loads of other suggestions. Every story has two sides doesn't it!

 

[profitxchange]

If you have been sick 3 times in the last 6m I would want to know if there is an underlying issue. Way back when, it was the number of instances in a period that triggered attendance review.

 

[lesliedocherty]

3 times in 6 months, doesn't look great.

 

[carl.atkinson]

The answer to these type of questions is often "it depends". In your case this really comes down to what the employment policies say about sickness absence and the possibility that multiple instances of ill health absence in a short period could justify investigatory proceedings. I guess that there is an employee handbook and you might want to begin by reading what the policies have to say about this situation.