New job - Absence - Dismissal!?!

kibbutzangel

Hi. I started a new part-time job recently (working Mon, Thu, Fri). I worked the Monday and Thursday but was off on the Friday. I have a trapped nerve in my back causing extreme pain in my thigh. I went to work on the Monday, but had to leave mid-afternoon due to the pain. My doctor then signed me off for 2 weeks.

I have now received a letter from work saying that due to my 'poor performance' they are considering dismissing me and want me to attend a meeting tomorrow.

I'm assuming if I resign I won't be eligible for any benefits? Can they demand that I go to a meeting while I'm absent through ill health?

Any advice?

HugoSP

You could have a claim for wrongful dismissal here. You won't have been there long enought to bring a claim via an industrial tribunal.

I would agree with Aly - sounds like they think you're a bad risk and want to manage said risk. I know it seems unfair to you but you should try to see it from their point of view, if only to help you rationalise the situation.

I run my own business and do not currently employ anyone direct. However I do use subcontractors from time to time. These guys come onto site, do a job and get paid. If they don't turn up they don't get paid. My relationship with my clients is on the same basis. If I were to employ anyone direct and they phoned in sick a few days after starting then this gives me a number of problems.

1) I may have to pay them sick pay - hence my business is spending money and not getting what it is paying for

2) Their job is not being done or I have to do it myself or get someone lse to do it. Every hour spent doing their job is an hour I cannot spend doing mine - IE running the business or working on site.

3) Because of 2 above, projects may slide to the right.

4) If I need the job done and cannot get anyone else within the business to do it (Myself or my wife) then I need to get a temp in. This option comes with its own set of pitfalls. Temps cost a hell of a lot more per hour and I have little or no control over the quality or sitability of staff I am getting.

I don't doubt that your illness is genuine and a doctors note says you should be off work. Hence the employer has certain obligations to you which is hurting them. I suspect they are not fully aware of their obligations or are hoping that you are not.

On the other hand, dismissal after a few days will not look good when it comes to references and the need to explain your employment history. If you really don't want to work for them then I would consider resigning due to ill health. This is easier to explain away at a future job interview, plus you may be able to bring a case for the equivilent of constructive dismissal via the courts.

If however you want to keep the job then I would speak to your docter about your state of health in attending the meeting, and if he feels you can go then consider (with your doctor) a suitable recovery or back to work time.

In any case keep your employer informed both verbally and in writing. When I have been on long term sick I made sure I contacted my employer on a regular basis to keep them informed. I know that my being absent was causing problems but I helped them manage it.

Nile

kibbutzangel wrote:

I'm assuming if I resign I won't be eligible for any benefits?

Don't assume anything.;) If you do resign, contact your local Job Centre Plus (by phone) and see if you can make a claim for benefits.

You might be eligible for 'contributions based' Job Seekers Allowance, for example............even if you've resigned.;)

Regarding attending the meeting, as your GP has advised you not to work (signed you off sick) then you should contact your employer. Tell them that it is too painful to travel/walk and arrange the meeting for when you are fit to return to work.;)

Good Luck

Nile

kibbutzangel

Thanks for the replies. I realise they are in an unpleasant situation having just hired someone they now see as 'unfit'. However I also have to watch my own back. I won't qualify for contribution based benefits (tried just before I got this job), and have no other income/savings. I must sign on for benefits or I have no hope of paying my bills etc.

I don't want to blot my employment history by being sacked, but I need to qualify for benefits. I'll try calling the Jobcentre in the morning.

kibbutzangel

Cheers Aly. Thing is, when I phoned the boss on Friday he was on another call. He didn't know who I was, just told me to hold on and he finished off his other call. The side of the conversation I heard included 'well, she didn't answer her phone, she must be out and about', 'yes, at it', and 'so if she doesn't turn up for the meeting send a letter dismissing her?'. When he came back to speak to me he sounded a bit shocked as he must have realised I heard some of his conversation.

He was quite rude to me, and I'm miffed that they're blaming 'poor performance' for wanting to sack me. When I was at work (ok, it wasn't much!) there were no complaints about my work and in fact I was told by his secretary that I was doing well. So saying I performed badly is just not on!

They don't want me there because I'm ill. I don't want to be there because they're rude! If they're not going to pay me (I don't blame them), then I need to qualify for benefits.

dmg24

I'm not a legal professional, but I did study employment law at uni and on the whole agree with Aly's comments.

The likelihood is that they will say that you are on a probationary period (whether your contract actually states it or not!), and that you have proven unreliable. Unfortunately in terms of redress you have very few rights during this period, or indeed during your first year of employment.

The thing I definitely agree on is that there is no point to going to Tribunal. Firstly, unless you are actually classed as disabled you are unlikely to have a case, and more than anything, the stress is not worth it. I represented someone at Tribunal and it was a horrid experience for all involved.

Is your employer a small company or a larger organisation?

If a small company, I would just let them sack you and get on with claiming whatever you can.

If a large organisation, you may be able to persuade them to pay you something to leave? Even if it is just the remainder of your sick pay entitlement or an amount to reflect the time you would have had left in your probationary period, it may tide you over for a while?

Claiming JSA after being dismissed would mean that you are liable to sanctions, but I'm sure if you state the facts as you have done here this will not be the case, and you'll be able to claim straightaway.

With regard to it looking bad on your employment history, I just wouldn't mention it. I've been in a few situations like this, and if anyone queries the gaps I just have a pre planned reason ... travel, housewife, exploring my options etc.

Let us know what happens ... and Good luck! x

kibbutzangel

Thanks again chaps! I really don't want to go down the tribunal route - I can see the company's point, but not their utter rudeness and contempt for my health!

You've helped me make up my mind - tell them I won't attend for meeting as I'm ill. If they choose to dismiss me then that's up to them, but it should enable me to claim JSA once I'm better (Incapacity once dismissed 'cos of illness).

Astaroth

I personally would make sure that you remain polite and as cooprative as is reasonable to be (even if they arent) as the marks on both your employment history and claim for JSA will be very different if it becomes a sacking for Gross Misconduct (eg refusing to come to a "disciplinary meeting") rather than a sacking for "it didnt work out".

dmg24

You are not obliged to attend a meeting whilst you are signed off sick. As long as this reason is explained to the employer, they cannot hold this against you, and it certainly can't change the reason for your dismissal to gross misconduct!

From the sounds of the phone conversation that the OP overheard, the employer will probably be quietly relieved that they won't be attending, much less messy to deal with these things by letter!

At the end of the day, the OP knows what the outcome of the meeting will be, so choosing not to go to the meeting is not going to change anything!

The OP is being dismissed for being sick, not because it didn't work out. I an sure that, with the support of sick notes from your doctor, the Jobcentre will be very sympathetic to your case.

kibbutzangel

I emailed my employer this morning and told them I wouldn't be attending due to my pain and discomfort, asking them to elucidate on the alleged 'poor performance' (no complaints while I was there - told I was doing well by supervisor), and to send me my pay cheque for last month.

Have just got a phone message asking how I am and whether my boss could come to my house as I can't make it to the meeting!

Is it reasonable for him to come to my house? I don't like anyone coming here, my husband has Asperger Syndrome and can find it quite upsetting.

What would be a reasonable response?

regularsaver1

They can not insist to visit you at home - your privacy.

You are off ill with a sick-note, its not as though you don't have a note, so they should respect that.

Did they know about your discomfort prior to getting the job too?