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  • FIRST POST
    • Katlou
    • By Katlou 7th Dec 17, 11:37 AM
    • 5Posts
    • 0Thanks
    Katlou
    Dismissed - what next
    • #1
    • 7th Dec 17, 11:37 AM
    Dismissed - what next 7th Dec 17 at 11:37 AM
    I was dismissed from my job 2 days ago due to absence. There was no issues with my performance whatsoever, however I had had three instances of absence (all with a GP's note) for work-related stress within 6 months.

    I also have an issue with my manager as he appears to have been sharing personal information with other colleagues. After I was dismissed I was told by a colleague that another colleague had already been aware that my manager was planning to dismiss me before it had happened, and had said my manager had told him this.

    There have been lots of other occurrences that I consider to be unfair and unjust and I have written a three page letter of appeal to them today.

    However, I am wondering if, in the mean time I would be entitled to JSA?
Page 2
    • LeeUK
    • By LeeUK 7th Dec 17, 2:42 PM
    • 5,670 Posts
    • 2,609 Thanks
    LeeUK
    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.
    Originally posted by Chrysalis
    Even the NHS do it.
    • nicechap
    • By nicechap 7th Dec 17, 3:34 PM
    • 841 Posts
    • 1,909 Thanks
    nicechap
    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).
    Quote was right and saw into the future.
    • motorguy
    • By motorguy 7th Dec 17, 4:34 PM
    • 15,825 Posts
    • 9,118 Thanks
    motorguy
    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.
    Originally posted by Chrysalis
    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?
    You are not special. You are not a beautiful and unique snowflake.
    • Fireflyaway
    • By Fireflyaway 7th Dec 17, 6:58 PM
    • 1,356 Posts
    • 1,377 Thanks
    Fireflyaway
    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.
    • Nicki
    • By Nicki 7th Dec 17, 7:12 PM
    • 7,568 Posts
    • 26,545 Thanks
    Nicki
    I believe to claim to JSA after being dismissed there is a waiting period of 13 weeks before you are eligible.
    .
    Originally posted by Fireflyaway
    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-challenged
    Last edited by Nicki; 07-12-2017 at 7:15 PM.
    • Energize
    • By Energize 7th Dec 17, 8:49 PM
    • 377 Posts
    • 127 Thanks
    Energize
    Sanctions are for misconduct, not poor performance alone.
    • TRICKY89
    • By TRICKY89 10th Dec 17, 8:50 AM
    • 4 Posts
    • 1 Thanks
    TRICKY89
    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.
    • xapprenticex
    • By xapprenticex 10th Dec 17, 9:16 AM
    • 1,314 Posts
    • 1,225 Thanks
    xapprenticex
    Wow 24 posts till the question was answered
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