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[Lorraine]

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[motorollin]

AFAIK, and assuming there is nothing to the contrary in his contract, an employee can self-certify sick leave for up to 7 days at a time. After this point you need a certificate from your doctor. However, you have not provided any information on why your brother is on his "final warning" and what action has been taken so far. If he has had a written warning for absenteeism and is continuing to take leave without a certificate if required then the employer is within their rights to discipline him.

[Lorraine]

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[motorollin]

OK, well from what you've said he is within his rights to take time off work and cannot be disciplined for absenteeism. The other incidents were unrelated to his attendance so have no bearing on his right to take sick leave. It sounds to me like the employer is manipulating staff in to forfeighting their right to take sick leave. I also think it's VERY irresponsible of them to encourage employees who will be handling food to come to work if they are infectious. In the NHS there are strict rules about things like that and you are expected to be symptom-free for two days before returning to work. I would hope that people who work with food have similar requirements.

Bottom line: he should have refused to go in to work, and his employer would have been powerless to do anything about it. If I had experienced this I would have made a complaint about my manager's behaviour and encouraged my coworkers to do the same.