We have an employee who works in an Independant School Nursery, employed since 2005, extra responsibilites taken on in 2009, responsible for 4 staff.  This year she has taken 40 days absence, some of it medically certified, some self certified.  During her last absence, her manager phoned to enquire about her health, as a relative had notified us of her absence. An informal meeting was held to discuss the absence, which the employer deemed excessive, and she was allowed to have a companion at the meeting.  The employee was most unreasonable, said she didn’t feel it was excessive, didn’t appreciate being contacted at home when the doctor had signed her off.  She became rude and agressive then demanded to go home, as she couldn’t cope, kept saying she was ill.  We let her go home, but then she didn’t turn up at work the next 2 days then sent another sick note for another 2 weeks. We have asked her GP for a medical report, but do we just go down a capability route?  Or can we discipline her for her excessive absence?

There is an explicit term in the contract of employment that states anyone having 20 days or mor in a period of 12 months can be dismissed.

Any guidance would be appreciated

Thank you