FabSwingers.com forum: sacked while off sick

By *tephanj OP Man
over a year ago

Kettering

My lady friend has just had her contract terminated. She has been off work since last April,she does not get paid by the company any sick pay only ssp which after 28 weeks comes direct from dwp. Her doctors have only just diagnosed what her problem is so there was a light at the end of the tunnel. I personally think that this should not be allowed to happen.

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By (user no longer on site)
over a year ago

That's awful

Surely theres a route she can go down to determine whether it was unfair dismissal or not?

But you have to look at it from the employers point of _iew.

They need the job done and she's not going it.

It's not fair but it's true.

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By *tephanj OP Man
over a year ago

Kettering

"That's awful

Surely theres a route she can go down to determine whether it was unfair dismissal or not?

But you have to look at it from the employers point of _iew.

They need the job done and she's not going it.

It's not fair but it's true."
. she is waiting to get a letter from them confirming it. She was told that when she is fit enough to work again they may reemploy her if that's stated in the letter no point in taking any action but if its not there I'm going to help her pursue it through unfair dismissal route

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By (user no longer on site)
over a year ago

"That's awful

Surely theres a route she can go down to determine whether it was unfair dismissal or not?

But you have to look at it from the employers point of _iew.

They need the job done and she's not going it.

It's not fair but it's true.. she is waiting to get a letter from them confirming it. She was told that when she is fit enough to work again they may reemploy her if that's stated in the letter no point in taking any action but if its not there I'm going to help her pursue it through unfair dismissal route"

I take it, your friend, like so many on here is not a union member.

You can still start a tribunal and with the use of google there are solicitors who will advise and fight your case on a no win no fee basis

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By *iewMan
Forum Mod
over a year ago

Angus & Findhorn

Does she have a copy of their attendance policy and did they follow it.

Was she referred to OHS. What did they say.

I personally have terminated many contracts over 25 years in management. Never an easy decision, nor should it be.

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By *iewMan
Forum Mod
over a year ago

Angus & Findhorn

[Removed by poster at 01/03/17 10:11:38]

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By *ecretlyASoftieWoman
over a year ago

Hull but travel regularly

Sounds like they've taken her down the capability route if she's been off that long and it's a legal thing to do. Harsh as it is there no point having an employee who cannot work or fit to do the job. She should have been aware off the whole process and if not then may be a dismissal case. Worth getting checked out.

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By (user no longer on site)
over a year ago

I can see why your friend thinks it's unfair & of course it's worrying for her too.

Has she read her contract, what does it say relating to sick pay / termination of contract.

Does she work for a large corporation or a small business.

You have to see it from an employer POV, they have effectively been a member of staff down for nearly a year. Whilst this may not effect the likes of Google could very well be a massive problem for an SME.

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By *iewMan
Forum Mod
over a year ago

Angus & Findhorn

And I am not sure about re-employing her. That is a little strange

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By *tephanj OP Man
over a year ago

Kettering

"Does she have a copy of their attendance policy and did they follow it.

Was she referred to OHS. What did they say.

I personally have terminated many contracts over 25 years in management. Never an easy decision, nor should it be.

"
. yes she was referred to OHS they just agreed that at present she would not be able to work nut that was before her doctors finally diagnosed her problem. The last medical report they got was November also before she was diagnosed

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By (user no longer on site)
over a year ago

Sounds to me like your friend was not employed directly by the company but was a contracted worker. Many companies terminate contractual workers in the first quarter of the year to reduce their expenditure. They then reinstate the contracts in April.

Employment law evolves all the time and will again as brexit comes in to force.

Hope your friend gets better quickly and is able to work again soon.

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By *tephanj OP Man
over a year ago

Kettering

Once I see the letter confirming dismissal then we can check all avenues. She got a 10year service award n dismissal at the same time. Its not a small company either

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By *iewMan
Forum Mod
over a year ago

Angus & Findhorn

"Does she have a copy of their attendance policy and did they follow it.

Was she referred to OHS. What did they say.

I personally have terminated many contracts over 25 years in management. Never an easy decision, nor should it be.

. yes she was referred to OHS they just agreed that at present she would not be able to work nut that was before her doctors finally diagnosed her problem. The last medical report they got was November also before she was diagnosed "

I personally would not terminate employment without a more up to date referral if she said that a diagnosis was just determined. I would have asked for an updated one. Unlikely to change the outcome as it would likely have supported the business decision.

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By (user no longer on site)
over a year ago

"Once I see the letter confirming dismissal then we can check all avenues. She got a 10year service award n dismissal at the same time. Its not a small company either"

she requires legal advice right now, not advice from the opinions of many fabbers including myself.

has she been offered an alternative job within the company, disability rights, has she been considered for early retirement on grounds of long term disability?

there are far too many if's and buts and none of us here know the facts,

she requires legal advice immediately, prior to termination of employment. if she has also received her 10 year service award, then she is entitled to 12 weeks notice of termination (as she is in her eleventh year) she is also entitled to full holiday pay for full year she was off

again we do not know her circumstances, she needs immediate legal advice

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By (user no longer on site)
over a year ago

"Once I see the letter confirming dismissal then we can check all avenues. She got a 10year service award n dismissal at the same time. Its not a small company either"

If she has been employed with them for 10 years...she definitely has a case for wrongful dismissal.

I would fight this decision all the way through a tribunal as if what you have said is true she will come out the winner.

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By *tephanj OP Man
over a year ago

Kettering

Thanks everyone as I said once she has the letter all avenues will be pursued including the legal route

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By (user no longer on site)
over a year ago

I work in a team of 6 and we had someone off long term last year. It put a huge strain on the rest of us as long term sick has ti be absorbed by colleagues

I sympathise with her but at the same time if someone has been off for months with no sign of a return date it leaves management in a very difficult situation.

I also doubt that terminating her contract was the first resort and would hope that occupational health were actively involved in the process

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By *oodmessMan
over a year ago

yumsville

I'd think she'd have to appeal the decision before any tribunal proceedings can be taken as they could offer her job back. You should have her ask for all supporting documents relating to the matter, her dismissal transcript and the companies termination policy. Having a solicitor do it will only cost you for the email.

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By (user no longer on site)
over a year ago

"Sounds like they've taken her down the capability route if she's been off that long and it's a legal thing to do. Harsh as it is there no point having an employee who cannot work or fit to do the job. She should have been aware off the whole process and if not then may be a dismissal case. Worth getting checked out. "

I concour. Had a similar experience myself. Technically it is illegal to fire someone for being ill, however, the capability route is a legal way around it - but I believe really only applies if there is little to no prospect of a reasonable recovery to working fitness within an anticipated timescale.

What I mean by this is if it is unclear when an employee may be fit enough to return to work.

From what you have said about your friend though, about them indicating that they would re-employ her, she may actually have a case against them.

She needs to talk to an expert on employment law.

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By *W ChapMan
over a year ago

Swindon

Does she work for a large corporation or a small business.

Effectively this, having worked for a small business for years, it is impossible to operate with people down on long term absence.

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By *ENGUYMan
over a year ago

Hull

Whilst I would agree with many of the others on here & seek proper legal advice as a major necessity, I would also say the following as a word of caution.

Some companies will take the _iew that when someone is off work ill for a long time, if their role is sufficiently important enough (status and responsibility wise) that their absence is posing enough operational difficulties including slowing down her departments work, then the employee can be released from employment.

However, there has to be a specified period of time to pass to gove the staff member time to recover.

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