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Can you be fired from your job if you are signed off sick??
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Can you be fired from your job if you are signed off sick??

Im currently signed off work due to stress from a bereavement and depression. I know that some parts of my job have been transfered to a central office and it looks like they are downsizing my position. Can they get rid off me without any reason although I am signed off by my doctor?
Additional Details
I have got a doctors sick note and I am currently getting counselling, but also feel very unhappy at work, and had done for a while, so the doctor thinks that has contributed to the state of my health.


    




Kerry A
Rating
hey hun i think its illegal to sack you when you have a doctors certificate to sign you off, you say you were unhappy in your job before you were signed off, maybe its time you changed your job to do something you really want to do. we spend 80% of our lives at work and so its very important we get job satisfaction, which it doesnt sound like you are getting,be brave and write down a positives and a negatives list about your current job and also a list of all the jobs you would love to try, sounds to me that you need to move on, do a course and get a job (even if its less money) you really want to do!! be happy life really is very short xxxxxxx good luck xx


sl1pped_hal0
we just sacked a guy for being constantly off sick.
we rang him at home as he wasnt in work again.
he threatened us with legal action saying we cant fire him when hes at home. we consulted our legal guys and this is perfectly legal.
sorry


tomandeunice
Be very careful as they may sack you on capability grounds even though your are still on a sick note!


Huge
Rating
You can be made redundant or sacked for breaking company rules wether you are sick or not. However, the company has to give you a valid reason from you can decide if you want to challenge them.


Dramico
Rating
No it is illegal to be disciplined or sacked for being sick, they can stop you from overtime, and to the person who sacked someone for being sick, your employer has broken the law as it is seen as harrassment from your employer, if he did take legal action your company will be paying out thousands


Elle Dee
If they want to fire you then they will find a way, sick or not. If you are unhappy though, it may be for the best. I only started feeling a little better once I closed the door on my horrible first job. You'll be back on your feet that much sooner and that much better if you can start afresh.


squigglekit
Seems that they can dismiss you but have to follow proper procedures.

http://www.employment-solicitors.co.uk/SICKNESS%20ABSENCE-UK%20LAW.htm


allgiggles1984
nooooooooo...but if u lied and they found out, then maybe. but not for bereavement and depression! u need a sick note off ur doc me thinks. they cant do that!


michelle t
Rating
no you cannot be fired as long as you have been signed of by doctor and been given sick note from doctor and you handing you sick notes in to you employer


mommybaby295
I think it depends on whether or not FMLA applies to your company - depends on size. FMLA is the Family and Medical Leave Act. Even under it, you have to go through certain procedures to qualify, so a sick note may not be enough. Also, there is a limited amount of time, it isn't open-ended leave.


stormydays
not legally they cant

after 28 weeks of sickness they can have a chat with you to see if you are going to return soon....but that is it


hr4me
Rating
It depends, is the leave covered under FMLA for job protection? If not, the company does have a right to downsize the position and let you go. (If it is a real downsizing and not just them pushing your job off. Are other jobs being let go? Are other areas of the company being reorganized?)


david b
Rating
i dont think so if yiu have sick note. if you are off for a really long time they can get you medically retired but i think there is some sort of legal process invovled


jamesprior
i fear i am going to lose my job at a hearing next week because i have a lot of time of sick have just been off sick with a bad back that i done at work also in the summer i had my carpol tunnels done on both hands one went ok the other i had problems with i had to see a doctor to do with work and she said i was not fit to return to work but my company did not like that and i also suffer with depression thank you





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