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Can I be sacked for being long term certificated sick?
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Can I be sacked for being long term certificated sick?

I have been a Firefighter for over 20yrs, I have been off sick suffering from Anxiety & Depression since June07, I have been signed off since March 09 and was put on half pay in Aug09 and then in Feb 2010 my pay stopped altogether, my G.P & other specialists diagnosed me however my employer refuses to agree, they refused to medically retire me on ill health on the say so of a doctor who I have never even met, I am currently waiting the outcome of an appeal I attended with my union rep last week, if I lose the appeal I've been told that its possible I could be medically discharged which basically means the fire service would not have to pay me my pension until I'm 60. I have already had my home repossessed due to my condition and now have major debts, my G.P believes that my condition is related to the job I've done for the past 20yrs, however, my employer refuses to accept any responsibility and only seems concerned with not having to release my pension, can anyone please tell me where I stand if my appeal is thrown out, Many Thanks







ZZ
Rating
If you have a copy of the original 'contract of employment' that could really help you. It might state certain terms regarding sickness and injury, which could clarify your position. Lawyers fees can be horribly expensive, but there are 'free' organisations, like The Citizens Advice Bureau, or a Union. Anxiety and depression is a broad term, The company I work for allows for such things as bereavement and other distress, as a period off work not included in sick pay. Regarding other personal problems, I have been to the Doctor who offered to sign me off sick for a ridiculous amount of time.... Under the term 'anxiety and depression'. I heard of an employee who got "signed off" every Christmas with depression. I get winter blues, and I really shouldn't question other peoples sick notes, but it does make me think that "depression and anxiety" isn't taken quite as seriously as some other sick notes, (especially when I was going through a rough time and instead of getting some emotional or constuctive support, I was given a sick note for 6 weeks off work.) My brother was in the Fire Brigade for a short time, he quit it because he couldn't handle dealing with the trauma he had to face, like the motorway crashes, and the injuries he came across. He was a hero from start to finish and I'm sure you are too. The trouble is ... The Law might or might not take into consideration the distress you have suffered while being employed with The Fire Service. There are long winded answers to your dilema if you can find the right forum to present your case. Have you been offered any kind 're-employment' by the Fire Service? As a means to be re-employed by them? Have they offered you a 'hands-off' role'? Or any position which might help further employment with them? Is anyone from the Fire Sevice helping you? They should be!


starlight
Rating
if there is no chance of you returning to work why should they pay you? yes they can get rid of you now and legally theres nothing u can do about it unless ur fit enough to go back to work


Robert J
Yes. One of my friends was dismissed while off on long term sick, with doctors notes, and because of a problem caused by the company. An employment tribunal then sided with the company. Your only chance is, since you have been off over a year with an ongoing condition, if if you can get your doctor to report it as a disability & pass this to your employer. You then have the Disability discrimination laws on your side, as they cannot sack you just because you are disabled.


sir galahad
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the union should be really fighting your corner regarding this.IF your GP,and/or specialists believes that your condition is work related,(and can prove this),then they should medically retire you.if however,it's proved that your condition was caused outside of work,and they have no position suitable for you,under the terms of D.D.A (disability discrimination act)1995,then they can terminate your employment.


uk_staffie
Rating
Dude, sorry to hear but i think the only place u can get genuine help and info from is a local CAB centre. http://www.citizensadvice.org.uk/


treehouse129
what do occupational health say? they are the ones that your employer is supposed to listen to you can be fired for being off sick but i'm surprised that your employer is basically going 'la la la, not listening' to the medical evidence in the NHS it's the pension body that decides whether you can retire due to illhealth and receive full pension before 60 and not the trust so it might be worth while getting in touch with your pension administrators and asking them what the process is - in the NHS you should do this while still employed which technically you still are sorry for using NHS all the time but that's who i work for good luck


doug
Rating
yes you can







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