Dismissed - what next
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And it's generally known as attendance policy (so any reason why an employee doesn't attend for scheduled work).
Sick policy is generally what level of pay and for how long it applies along with levels of evidence (self cert, fit note, injury at work).Originally Posted by shortcrust
"Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."0 -
Personally I find it very worrying that its standard practice now for employers to count sickness as a disciplinary. My sister's work does it, amazon does it, your employer did it. One of my old employers did it. I can understand if someone takes several days off without medical evidence in a short period of time, but 3 times in six months all covered by a sicknote in my view should not have disciplinary procedures.
Why?
It usually falls under attendance policy.
If someone has three periods of sickness is it unreasonable for a company to have a formal meeting to ask what is being done to manage the sickness? OR for example, can they help?0 -
I believe to claim to JSA after being dismissed there is a waiting period of 13 weeks before you are eligible.
If I found myself in this situation I'd go and find work asap. Go to an agency there may be some temp Xmas work. Do whatever you can. My local authority always need bin men. Not the most glamorous job but it pays till you find something else. Try supermarkets, local factories. Good luck.0 -
Fireflyaway wrote: »I believe to claim to JSA after being dismissed there is a waiting period of 13 weeks before you are eligible.
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Is this is the case even where the dismissal is on capability grounds following ill health rather than misconduct? That would seem unjust
ETA this link suggests that poor performance which follows a period of poor mental health, supported by medical evidence, won't attract a sanction at all
http://www.cpag.org.uk/content/ask-cpag-online-what-grounds-can-‘high-level’-jsa-sanction-be-challenged0 -
Sanctions are for misconduct, not poor performance alone.0
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Hi,
Your JSA will only get sanctioned if you were sacked for misconduct. Being ill with doctor's notes is not misconduct. I think you'd only be able to make a claim against them for discrimination if you have a disability under the Equality Act 2010. This means you have a condition which significantly impairs your day to day activities which has been the case for, I think, 12 months. Your employer needs to have been made aware of such a condition or should reasonably have been expected to know. If you've got an underlying condition which was aggravated by the stress which they should have realised or you told them about there may be a case. Going to a tribunal is an extremely stressful process. I reckon you should put it behind you and find a better employer.0 -
Wow 24 posts till the question was answered :eek:0
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