Employer taking the pish out of my friend - are they allowed to do this?

[Paul the 6th]

Eyup,

Mate of mine works in a care home as a nursing assistant, she's rang in sick on Mon/tues and wasn't rota'd to work yesterday. She's due to work at 2pm but her manager has just called and said not to come in because they've covered her shifts for the rest of the week because they "assumed she's dying" so now she's losing even more money & is more stressed with a job she already hates..

Are they allowed to do this without telling her?

[Bluefish]

Did she not phone up and say I will be in on whatever day? If not you can't blame t employer, IMO.

[Messie]

If she's off sick, which they assume she is, she should still get sick pay?

[Paul the 6th]

well, she rang in on monday to let them know she was ill but her line manager is claiming he/she never received any such message from anyone and as for sick pay I'm not 100% on her situation/contract.

She's leaving this particular job and moving to another post within the same company in around 3 weeks because of this line manager, now it sound like said manager is intent on making things as difficult as possible.

[454697819]

can she not speak to a senior manager? someone above her to resolve this?

[Paul the 6th]

well.... said line manager has apparently her new line manager-to-be when she starts new post in a few weeks and "her new job is in jeopardy over this"...

new line manager has called up and said "what the hells going on? you current line manager is a numpty & ignore her"

bleh :(

[454697819]

so its all ok ish now other than some days lost?

[gruntygiggles]

Well, I can see both sides to this Paul. As annoying as her line manager is, when you are off sick, you should *still call in each day to let them know you will not be in work and should also let your employer know when you are due back*. If your friend didn't do this, then it is perfectly acceptable for the manager to source other staffing to cover and expected sick day. Now.....it would be normal practise to call the sick employee and ask first, but not necessary.

So....here's where it's tricky. Your friend should, as the contracted worker, be allowed back to work, with the cover staff being relieved. If it got bad and she wanted to fight it, she could use the "implied terms" of her contract. All employers have a duty to their staff and vice versa, but she would have to show that she was being as good at keeping them informed as they were her, if ya know what I mean.

Anyway, doesn't sound like it will affect the new position, soo that is good and I would advise her to just keep her head down and see out the time with the current line manager.

* most contracts contain this agreement, but hers may not, so maybe she can check.