Fun and Games in Glasgow but not for everyone!

5th August 2014

The Glasgow Commonwealth Games have produced the usual mix of life changing glory and emotional heart breaking failure in the sporting arena.

Inspirational stories have sprung up everywhere to bring a tear to the eye, not least in the performance in the swimming pool of 13 year old Erraid Davies from Shetland. Restricted by a severe hip condition from the age of four and having to train in facilities not much larger than a paddling pool at her local baths, she secured a bronze parasport medal as Scotland's youngest ever competitor. Then there is the journey of Steve Way from Dorset, the chain smoking, kebab eating, beer swilling couch potato who only took up running seven years ago after a nasty reflection stared back at him in the mirror. This week, at the age of forty, he ran in the Games for England, set a personal best time, broke the British marathon record for the over 40's, finished in the top ten and led the field into the middle stages of the race. Amazing! More sporting heroics are to be found sprinkled through each of the sports on display but we are interested to pass on news of a non-sporting situation that has come to our attention. It relates to the opening ceremony and in particular to the appearance on television of an employee who was taking part in the lavish spectacle, despite having submitted a medical certificate stating that she was unfit for work. Her eagle eyed employers couldn't help but choke on their supper as they witnessed her cavorting happily, dressed as a Tunnocks tea cake. (Other tea cakes are of course available!) Her period of absence, during which she had confirmed that she was too unwell to go to work, also covered days when rehearsals for the performance had taken place. The employers of Amy, the children's nursery nurse from Glasgow, are unsurprisingly keen to discuss the matter with her at the earliest opportunity. So how would you handle a situation like this in your organisation? Well, there are a number of elements to bear in mind and some key questions to carefully consider when handling meetings of this type. Should the meeting on Amy's return to work be an investigatory meeting or a disciplinary meeting? Does the fact that she received sick pay during the period of absence affect how any meeting is handled or the severity of any disciplinary sanction that may ultimately be applied? If Amy has been covered at all times by the medical certificate, does that affect how the Nursery should handle the case? If, as is reported, Amy has a hospital referral arising from her medical condition, will that inhibit the Nursery in dealing with the case? What if Amy continues to say that she is too ill to attend any meetings with the nursery? What if she submits a further medical certificate confirming that she is still unfit for work? If she is receiving company sick pay, should she still be paid if her absence continues? Can she be asked or can the Nursery insist that she repays any sick pay? Can the nursery simply withhold sick pay for the days of the rehearsal, for the day of the opening ceremony performance or for the whole period of absence? Does the fact that the nursery has already stated that, if she had asked for time off, they would have given it to her, affect the range of sanctions that they may wish to apply? Is the potential disciplinary issue the absence from work itself or the breakdown in trust that may have resulted from Amy's apparent deceit? Is her length of service or the type of work that she does, factors to be taken into account? Are there other issues that the nursery may wish to raise? Who would be an employer in this situation? If you are an employer who is daunted by the complexities that can surround an apparently straightforward disciplinary situation such as this, contact Qdos HR for support and advice. In fact, we regularly accompany our clients at disciplinary meetings and will help to take the strain for you. Being on the spot for you when you put your employees on the spot is part of our range of HR services. If you are having fun and games with your employees, we are happy to meet with you at your premises to discuss the options. Just get the tea cakes out and we will be there!

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