Sickness policy changed without telling staff, now facing a meeting: who helps?

Summary

Employers can often update a sickness absence policy that sits in a staff handbook, but staff should be told. Applying a new trigger that nobody, not even your manager, knew about is hard to square with a fair process. Before the meeting, ask in writing for the policy, the date it changed and how it was communicated. Bring a colleague or union rep, use the ACAS guidance on absence and fair procedures, and get advice quickly if dismissal is on the table.

Key information

• Contract or policy: if the absence rules are part of your contract, changing them needs agreement. If they are a non contractual policy, the employer can usually change them, but should tell staff first.
• Evidence: your manager confirmed in writing that you had not triggered the policy and was unaware of the change. Keep that message.
• Disability: if any absence is linked to a long term condition, your employer may need to adjust trigger points as a reasonable adjustment.
• Right to be accompanied: at a formal meeting that could lead to a warning or dismissal, you can usually bring a colleague or union rep.
• Length of service: ordinary unfair dismissal claims currently need 2 years' service. Claims for discrimination or automatically unfair reasons do not. The law is changing, so check ACAS for the rule that applies on your dates.
• Deadline: most tribunal claims must start within 3 months less one day of the act you complain about, after ACAS early conciliation.
• When to speak to a solicitor: dismissal is a real risk, disability is involved, or a deadline is close.
• ACAS can: explain fair handling of absence using absence from work and the disciplinary procedure step by step; explain the ACAS Code of Practice on disciplinary and grievance procedures and early conciliation. They will not attend the meeting or argue your case.
• A union can: accompany you to the meeting, challenge the unannounced policy change, and help with a grievance. They will not usually take on a problem that started before you joined. Find one via the TUC.
• Citizens Advice can: explain how employers can change terms using changes to employment contracts. They will not represent you at work meetings or tribunals.

Practical guidance

• Reply to HR: ask for the old and new policy, the date of change, and how staff were told. Ask to move the meeting until you have them.
• Note your manager's written confirmation that you had not triggered the policy.
• Ask a colleague or union rep to come with you.
• Call the ACAS helpline before the meeting.
• At the meeting, say calmly that the change was not communicated and ask for the decision in writing.
• If you get a warning, appeal in writing. If you are dismissed, contact ACAS for early conciliation at once.
• See a solicitor or a Law Centre if dismissal or disability is involved.
• Ask the Shaman to map the steps and dates.

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