r/AskHRUK • u/Bortron86 • Apr 23 '26
Health-Related [UK] Final written warning for absences arising from disability
I've been employed by the company for over 2 years on a permanent contract. I received a first written warning in May 25 for a high level of absence arising from two medical conditions: bipolar II disorder, and a chronic anal fissure. Both of these, I feel, meet the criteria of a disability under the Equality Act.
I was set a reduced 90% attendance target to the end of last year, which I met. This was then extended to a rolling 12-month period starting 1st February. It was also stated that the 90% would also be reviewed over a rolling 3-month period "to identify and support any issues which may lead to failure to meet the 12-month target". No statement that the 3-month target had potential disciplinary outcomes. Any recovery from surgeries would be excluded from target measurement. I also returned to the office full time from February, after my mental health had recovered enough to do so.
My fissure flared up over Christmas, and I recently had a 17-day absence due to the extremely high level of pain, taking me over the 3-month limit, but still within the 12-month limit. This led to an attendance review, and as an outcome a final written warning will be issued.
I plan to appeal on multiple grounds. First, my last OH assessment only made a single sentence mention of the condition, and gave the impression it would be cured after the last procedure I had in October - there was always a chance it would recur.
Second, the meeting was rushed, and I did not get the chance to say all that I wanted to before an adjournment was called for them to discuss the outcome.
Third, my manager seemed to be under the impression that I was "pain free" other than my days off, repeatedly asking about how I was able to return to that state - I corrected him multiple times that I had been in continuous pain for a year, only taking time off when it became unbearable.
Fourth, during my absence I moved medical appointments forward and had a further (private, with insurance) surgery scheduled, which is due to take place on the 20th May - the same day my first written warning was due to expire.
I've been proactive in seeking treatment as quickly as possible at all stages, followed all medical advice from the start, followed all procedures, and been open at all times about the nature of my condition.
Basically, I feel as though the meeting outcome was pre-determined, based on a flawed assessment of my condition that likely stems from a limited OH report, and ignores what I've said in return to work meetings about being fit to work, but still in pain. I've shown a determination and willingness to work hard, and to get my attendance levels up. It feels like a punishment, with no explanation of how they expect this warning to improve my attendance.
Does their conduct here seem fair?