Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

Can i be dismissed from work when i am off sick?
Find answers to your legal question.

Can i be dismissed from work when i am off sick?

i have no contract of employment can i be dismissed when off sick with a doctors note



Pagan Pip
without a contract of employment - yes!

When you have a "contract of will" you can be fired for anything. If you are fired and have a medical reason- doctors orders and such, you should be able to file for unemployment benefits.

Yes, unless you are covered by FMLA. (employed for 12 months and company has more than 50 employees)

Hello cersyanne,

The simple answer is yes.

Although employees are protected under the Employment Protection Act, it does provide employees with the ability to dismiss an employee due to sickness.

The rights you have also depends on how long you have worked for your employers.

My suggestion is to contact The Advisory Conciliation & Arbitration Service (ACAS) and get information and advice from them. This is an independent organization set up to help and advise employees and employers on their legal rights and responsibilities in the work field. It is also a completely free and unbiased service.

The ACAS details are:

Website: http://www.acas.org.uk/index.aspx?articleid=337

Address: Brandon House,
180 Borough High Street,
SE1 1LW.

Helpline: 08457 47 47 47

ACAS does not appear to be contactable via email.

You can also contact The Citizens Advice Bureau. (CAB). This is a completely free and highly confidential organization who will be able to advise you as to your rights and the rights of your employers.

Good luck


If you've been off sick a lot, yes. It falls into attendance policy.

Tufty Porcupine
If you are paid for work then you DO have a contract of employment, whether it's written or not.
At the very least the employer MUST give you a written statement of your employment particulars within 8 weeks of you commencing employment. If they fail to do so they are breaking the law.
Can they terminate your contract if you are off sick? Yes, they can do, but if you have worked there for a year or more you could take them the a tribunal to claim unfair dismissal if you feel the decision is unreasonable or has been done without going therough the correct procedures (i.e. written warning, offer of a personal hearing and offer of an appeal).

you really should have a contract of employment in any job you do so im not sure where you stand legally in this one - you could do with contacting a citizens advice bureau or something on this because they may be able to dismiss you without a contract of employment.

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 Is it legal for software firms to monitor employees' Instant Message chats?
In recently came to find out that my firm monitors employees' internal IM chats. I need to know whether this is illegal? Of course, I agree that email should be monitored, as it might be used as ...

 Is national minimum wage going to go up soon and to how much?

 I was made redundant 18 months ago after 14 years employment.given 2 weeks notice by boss ,is this right?
boss gave me 4000 pounds and told me thats all he could afford before he closed the business,found out ex employee with less years than me got 6500 pounds from government,is it too late for me to ...

 How would you resign from your current position if you found a another job and you have to start immediately.?

 Is it Illegal?
Hi, my colleague thinks that it is considered illegal to seek employment when you already are emplyed. Is it really illegal? I mean - if the person looking for a job is NOT doing it at work, and does ...

 Felon question please help.?
if i shot a car with a bb gun when i was younger but the lady dropped the charges because of hail damage could i still join the marine corps or would i be a felon....

 What can I do if my employer fired you cause your Dad had to be taken to the hospital?
Well my dad almost died and the doctors kept calling me to tell me about decisions i had to make and if i didn't make them they would but i had to make them so i had to go to the hospital i was ...

 How do evade your nosy present employer from seeing your job search on the internet?
Specifically, the present employer can see the job searches on the job search sites and routinely looks. If he sees my name on there, I would most likely be fired on the spot. I am not happy, and ...

 Is it legal for an employer to not pay for my break if I work a 6 hr shift? ?
My employer said that I was allowed a 15 min break during a six hour shift, I read the employee handbook and it said the same thing... I still think it's illegal....

 Working at Tesco. Is this legal or even possible?
Hey so I'm going to get a part time job at Tesco (a huge supermarket chain in the UK) and was wandering if it were possible to put unwanted clubcard points on my own clubcard when working at the ...

 Is there much point declaring a minor criminal conviction?
when going 4 a job , surely most employers are never gonna check anyways (UK)...

 I broke my hip and now my job wants to fire me. Is this legal?

 Jobs for an ex-offender in Salt Lake City?
Do you folks have any recommendation of where an ex offender can seek employment in SLC, Utah? Are there companies or agencies who assist an otherwise ideal employee? I have a third degree felony ...

 Can you be sacked from work if you hand in a sick note?
can you be sacked if you are ill and hand in a sick note from your doctor for 2 weeks the company I work for are short staffed I asked for a weeks holiday because I wasn't well they said no I ...

 Need help calling an employer?
i need to call an employer at a golf shop to see if i got the job what should i say?...

 I had to take a random drug test for my job i wasnt sure if i would pass...?
so i drank one of those cleansing drinks and when i went for the drug test my urine was green... can they give me a automatic failure?
i passed a home drug test the night before but they will ...

 NVQ training.?
Our employers,a care home establishment has got a government grant to train all their employees for NVQ2 Health and Social Care.In our new contract it states,if we leave their employment within 2 ...

 What is the most drastic career jump you have made?
ie. from Paralegal to Sales Rep
Additional Details
Please also include any related stories that might interest, enrage or humor your readers....

 I lost my social & birth certificate, so how do i go about proving im eligible for employment if im under 18?
i'm trying to get a job, but i just moved and i cant find my social security card or birth certificate.i'm under 18 and i have no idea how/where to get either a us citizen id card or id ...

 Is it legal to make me work on weekends and nights for my regular job?

Copyright (c) 2009-2013 Wiki Law 3k Monday, February 8, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links