is this unfair dismissal

[TAZ]

my friend has asked me to ask on here for some advice, the story goes

my friend developed shingles in her mouth the week beginning 2 may, she works as a telephonist and continued working till she was sent home on 4th she went back in on the thursday but was too ill to stay, she went to doctors, who gave her a sick note from the 4th for 2 weeks and the doctor said she would not return to work until she gets a clear blood test result so would propbably be on sick longer, she went again this monday gone and was given another sick note. this was taken into her work on wednesday, she has since received a letter from her boss saying that they have terminated her contract due to her not giving her enough notice that she would not be in work on wednesday.

surely they cannot finish her because of this because
1 she was on sick at the time
2 the first sicknote was valid til wednesday wasn't it
3 surely they cannot assume that she would return to work straight away as the sicknote did not have a return to work date on it.

her daughter has contacted acas and they seem to think its a clear case of unfair dismissal,

any ideas what steps to take now and also where does she stand on benefits as she is disabled as well and receives DLA but is ot sure how it works with her not been well.

thanks in advance

[therealdessie]

As always, it depends on the contract. Most contracts would adhere to one verbal warning, one written and then a dismissal (or somesuch). However if the contract states (or implies) that failing to turn in to work/let someone know in good time is gross misconduct then the sacking could stand. How long has she been employed there?

[TAZ]

she has been employed there for 2 years, i think her contract is just a standard contract but will check with her later, she beleives they have been waiting a chance to finish her as 2 members of the staff would like to share her shifts, but of course this cannot be proven,

[Badger_Lady]

Sounds seriously dodgy - dismissing someone whilst sick is always muddy waters.

How much notice is she required to give that she's going to be ill? If she were to wake up one morning with a leg hanging off, would she have to ride to work in a shopping trolley under threat of instant dismissal?

[TAZ]

the thing they are saying is because she got her sick note on monday and didn't not get it into the office til wednesday morning then she did not give enough notice, but like i said the first note should have covered her anyway shouldn't it.

[Badger_Lady]

Indeed it would. So she didn't have any gap of "failing to turn up for work" then..?

Without all the details, sounds like she's got a good case. She taking it to tribunal then?

[TAZ]

it looks like it, and wouldn't normally do down this route but does feel that its totally unfair. we thought you couldn't sack someone for been on sick.

[LittleVoice]

Originally Posted by TAZ

it looks like it, and wouldn't normally do down this route but does feel that its totally unfair. we thought you couldn't sack someone for been on sick.

Well employers can dismiss on the grounds that the employee is not capable of doing the job (because they are incapacitated by sickness). However that would not be in the timescale and manner of which you are writing about.

[CFC]

As Littlevoice, but would just add that her first point of recourse will be to appeal. Internal measures need to be exhausted first before going to tribunal.