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Can I be dissmissed for having certified sick leave?!?
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Can I be dissmissed for having certified sick leave?!?

I have been off sick for 2 weeks with Gastroenteritis, this has been certified and I sent my employer in my sick note. I have just received a letter from the manager stating she wants a meeting with me to discuss my suitability to continue my employment and that given the outcome may be I am dismissed I can take someone else with me. She then wrote please confirm in writing if I can attend the meeting.....obviously not because I am poorly, and secondly I can send in a written response if I choose to do so?! Basically saying resign. I need some advice please, will this effect my future references? Can the manager dismiss me for being sick?!? Any advice would be great. Thank you.

Its very unusual for an employer to do this after only 2 weeks sick - do you have a record of continual 'sick leave'? I'm also surprised she hasnt gone down the usual verbal warning/written warning route. I think you had better have a look at your employment contract to see what is stated there regarding sick leave, but again, very, very unusual. If you're on the up and up, and you have been off for just two weeks, then she would have a very hard job dismissing you. That way lies the industrial tribunal. The onus would be on HER to do any proving ,not you. The only written response I would be sending her, is a letter stating that as per doctors sick note, I am unfit to go anywhere, and I certainly wouldnt make it easy for her and resign. A phone call to CAB wouldnt come amiss either.

Yes you can but only if there is no prospect of you returning to work or you have been previously warned after being off sick. Have you been previously warned that if you have further sick absences you may face dismissal? If not then it would be unlawful to dismiss you for this absence.

Firstly, to clarify something, a doctor's note is not an order or instruction to stay off work, it is purely an advice addressed to you that you should refrain from work. It doesn't give you permission to be absent, only your employer can do that. Yes, you can be disciplined or even dismissed for poor attendance. Sounds like your record is less than perfect, so your employer is invoking the disciplinary process.

Most employers will only take this step in the case of prolonged, or repetitive illness. It is unusual for an employer to do this after just two weeks. Sometimes, if an employee is still in a probationary period, employers will sack them for taking sick leave, which may be legal, depending on the terms of your contract. Without knowing the whole story it is difficult to give advice, but on no account should you be pushed into resigning. At the end of the day, if they do sack you, you need to talk to the Citizens Advice Bureau, or ACAS.

Ruth S
First off, do you have a doctor's note, and are you still under his care? If you are so poorly, have a friend deliver the response to your boss with the doctors diagnosis and the length of time you will be out of work! Your illness is NOT permanent, and it takes time for person to recover. Your boss should know this, if she has a brain in her head! If you have a contract with the company covering you for sickness, and have days still on the books which you are entitled to use in a case like this, she cannot sack you for just being ill!!! You are in England right!? Yanks don't use the expression Poorly here!

Firstly, gastroenteritis rarely lasts more than a week so you must have a really severe case to be off for longer than that unless there are complications and you are bed bound. So either there is another illness and you need a new sick note or you need to return to work to prove your worth. You can be let go by your employer for reduced efficiency if you have had exceptional amounts of sickness

Barbara Doll to you
Basically yes. If you are off sick too much the employer can question your ability to do the job. No employer has to employ anyone who can show puts their business at risk. However, everything they do must follow their agreed systems, and if you take them to industrial tribunal over it they must be able to show why your absences were causing them so much difficulty.

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