This week, as I sit at my desk typing away in the comfort of my own home, I spare a thought for those unfortunate folk in Ukraine. I say Ukraine and not ‘The Ukraine’ as as it is referred to by the home secretary, because it is not a region, it is a sovereign state being invaded by an aggressive neighbour. For many Ukrainians, life will never be the same again :-(
Only one Covid question this week! Plenty of others to choose from though, covering all aspects of workplace law starting with conduct . . .
Gross misconduct?
Q. Hi, I’ve seen your videos on tik tok and really enjoy them. Was hoping you could answer a question for me around gross misconduct. Would calling your own phone to get a break from phone lines for medical reasons/to help other staff but not seen to be on unavailable time for too long really a reason to go to disciplinary for gross misconduct?
Also does gross misconduct always end in dismissal it seems a bit extreme when compared to theft and assault.No verbal warning or written warning just gone straight to the top?
A. I take it you work at a call centre or something similar. Calling yourself in order to get time off is probably not the best way to go about taking a break. If there are medical reasons or you need to help other staff members it is always prudent to seek permission in the first instance from your supervisor.
Can your actions be considered gross misconduct? That depends. Generally, acts which constitute gross misconduct are set out in your disciplinary policy. More often than not the list will end with the phrase, ‘this list is not exhaustive’ or something similar, so as to include those misdemeanours which aren’t mentioned.
You should check with colleagues if anybody has previously been dismissed for the same thing. Did they receive a lesser sanction? Is doing this a well known tactic that staff know to be a disciplinary offence? Each case is determined on its own facts but if it’s common knowledge that such behaviour will result in dismissal, then it is more than likely justified.
Gross misconduct does not always result in dismissal. An employer has a choice, but usually it does. You could argue that the sanction of dismissal doesn’t fit the crime and refer back to your previous good behaviour (if that applies).
Covid and sickness absence
Q. Can you tell me, can I now be forced to go on sick from work if I get covid if I’m willing ready and able to work ? Or should the company pay me as they aren’t willing to provide work to me because I have covid ?
A. Good question. Now the Covid rules have been relaxed it will be treated the same as any other respiratory illness. So if you are unable to work because of Covid you should stay at home and claim SSP. If you feel well enough to attend work and your employer tells you to go home they should pay you as you are fit for work.
Visitors book?
Q. Hi Tim, Is it a legal requirement for a small business (less than 10 employees) to have a visitors book?
A. No. Not that I am aware of at any rate. All businesses should have a health and safety policy and it must be in written format if there are more than 10 staff. Insofar as Covid is concerned the requirement to keep visitor records for test and trace was ended on 24 February.
Bonus and sickness absence
Q. I recently had 3 days sick and got paid but I subsequently get penalised on my bonus scheme for being off, so my daily target still gets put in so for example if I have 3 days off I have to make £1500 up on my return to get to where I was on the bonus scheme when I return.
A. Your employer is entitled to run their bonus scheme as they wish. The only time I can envisage it being unlawful is if your absences is disability related and you are penalised for such. That may then lead to discrimination, i.e but for your disability you would not have been absent and would have received your bonus. Many employers implement bonus schemes to encourage low levels of sickness absence.
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