Can i be sacked from work if i have a sick note?

ruggybear

my mate has been off work with back/ knee problems doctor gave her a note to say she had to have a sitdown job 4 2 wks but she still got awritten warning. can tesco do that?

Och Aye The Noo!

If your employer can determine that the illness is an underlying problem that you had before your employment started and that you didn't declare it...eg depression , then yes you can be fired.

He/she may also terminate your contract if you have had "x" amount of days off sick in the current business year and if you have received a warning prior to taking additional time off sick.

adding to the pot... if you took time off sick to avoid a disciplinary hearing and you fail to attend the disciplinary hearing due to the illness you can be fired in your absence.

However, if you were off sick, and not subject to any of the above, then you cannot be fired while off sick, but your employer may want to discuss your future with the company on your return.

GOD

Utter rubbish, your employers can sack you for anything that they want to, you may be able to sue them for wrongful dismissal and win some compensation but you will still be sacked, your union, if you have one, may organise union action to help keep your job but since Maggie Thatcher destroyed the power of the unions back in the 1980s, I would not hold out much hope for that, it is very unusual for an employer to sack someone for being sick, unless it is a regular occurrence, I personally, had a knee replacement operation, that has never really healed properly and I was off of work for 11 months, eventually my employers terminated my employment, I worked for them for 31 years and had a really good record as far as sickness goes but they still terminated, they had no choice, all companies have to keep a balanced workforce.

N dimentional brontosaur

In America.
Unless you're in a union, you can be sacked at any time for any reason. It's just a matter of if they are willing to pay your unemployment or not.

Stewart A

Although the other answers are correct, if you have had a lot of time off before due to sickness then yes, they can sack you but it would not affect any claim for jsa.

idak13

No not normally. But they can sack you if are sick to often whether you got a note or not

jason c

Depends on the exact situation, for example if you have had a formal warning in the past about time of sick. Then you probably have to expect some form of action from your boss.
If your company are having difficulties and they need to lay off staff, then being on the sick really makes little difference.
Ja.

SaturnsRings

Actually, it depends on where you work, and who owns the company. If it is a state or federal job, then your union would protect you. However, if it is a private agency, then they can probably terminate your employment "at will", which means they do not need a reason. Of course, the termination cannot be based upon race, religion, disability, or any other protected rights.

Law Man

This is one of the most frequently asked questions on the law & ethics section of YA, and I am continually amazed that so many answerers confidently state the wrong answer, presumably based on what they think the law should be, rather than knowledge of what it actually is!

The answer is yes, they can. Not only can they sack you whilst you are off sick, they can potentially sack you for being off sick, if your ill-health is serious enough. Having a sick note could even support their case if it demonstrates that you are too unwell to do the job properly.

The law bit: prolonged or frequent absence from work due to ill-health, if it progresses to the point where the employee is unable to do their job, is a fair reason for dismissal under the head of capability as defined by s98(3) of the Employment Rights Act 1996, although the employer does have to carry out proper investigations into the employee's medical condition and consider the possibility of offering alternative work before dismissing the employee (source: Holland and Burnett, Employment Law (OUP, Oxford, 2008) 280, 303).

southcoast.sounds

Your employers cannot sack you because you are ill and have a sick note to prove it. If they did, they would be acting illegally and you could take them to an employment tribunal.

Jamie T

No you can't but you got to get a sick note from your doctor!

Shelby..:0)

no, you cant be sacked for being off work you can actually have 5 working days off wthout a sick note now as well

linz

no not if you have a sick line from your doc.

Happy Murcia

A sick note is legal document so therefore you can`t be sacked....

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