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Sacked whilst on sick?
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Sacked whilst on sick?

my partner has been off sick with a doctors note for 3 days yesterday he received a letter from work stating he was sacked, because he had time off he has worked there for over 5mnths and had 5 days off. Can you get sacked when you are on the sick or do they have to wait until you return? his doctors note was for 3 weeks


    




Adze
Rating
Once i was sacked when i broke my arm
so i went down too the job centre and asked
if they could do this ? the reply was,You can
give your notice in and finish with the firm
so they can do the same.So that is what
happened to your fella,unfair ? yes but
what else can he do but stay on the sick
till he finds another job like i did.


Scooby Doo 3
it depends on if he was on a 6 month trial period.

if not, and he has signed a contract he could take them to the cleaners.


Im stuck in your brain
Rating
It depends on what their reason is. If it's a legitimate reason, yes they can.

If it's obvious they're making something up to get rid of him over this, then he can always try to fight it.


tereesrgreen
Rating
the company has no leg to stand on as they can only have sacked him if he had, had both a verbal and written warning from the management staff, if i was you get him to ask for a reason why he was sacked and then go from there but in answer to your question no they can not sack you if you are on the sick with a valid doctors note.


gail
Rating
Sorry to have to say this but he is classed as too sick too often and has broken his contractual agreement to turn up for work.
5 days off in 5 months now a sick note for three weeks is not abiding by his contractual agreement.
Needs of the business i;m afraid and he won't have a leg to stand on.


tah_london
suerye is right. i remember a case when somone was so friendly in her call centre job and loved the job and worked there for 8 months. she was sacked because she was too friendly with the people over the phone.

12 months or less = no rights.



vicky r
I suspect that he was still working his probationary period which means they would be able to sack him without giving warnings.

If he was not probation he may have been sacked unfairly because they have to give a verbal and written warning, unless he has been sacked for gross misconduct.

Seems really unfair though you can't help being sick and I don't think that 5 days is excessive!


Han
Did he sign a contract? If so, then no they cannot sack him just like that. He has grounds for unfair dismissal.

See the CAB for advice on what to do next.


LILLY J
They cannot sack you without a warning and not while you have a valid doctor note, they have to wait until you return to work. Contact a solicitor, most offer first session free and can advise you on whether you have a case or not.

If no contract has been signed then they can sack you.


fengirl2
I disagree with all previous answers. If you have been employed for less than 12 months, you can be dismissed for any reason, except one connected with discrimination.
If your OH thinks he has been discriminated against (eg, is his sickness the result of a disability), then he can take action, otherwise, the employer is within his rights to dismiss.


Bo P
you can get sacked while off sick you have to look at their policy. they usually have a formal process to do it but maybe ur partner lucked out and works somewhere they have a policy that sacks you if you have x days off. if you cant do the job cuz ur sick, yes they can sack you.


scott t
Rating
Is a tough one. I'd say get in touch with acas. My old place try to sack me cos i'd been off for 3 months with a bad back, that was after working there for 11years!! Loyalty eh?! I think at the end of the day they can do what they want


Leave this place, run
Get the next appoinment with the CAB solicitor.





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