Can I be dismissed on sick leave?

Love2run

Hi,

I am currently off work and have been for nearly four months now. Previous to this, I have had several absences, all covered by my GP.

Due to being off, my employer has now informed me that they are to take me to the final stage, which can lead to dismissal. I've attended Occupational Health etc.

Are they allowed to do this while I am off sick?

Any help would be great

dmg24

Yes, as long as they have followed the correct procedure, they can dismiss you for reason of incapability.

Googlewhacker

Love2run wrote: »

Hi,

I am currently off work and have been for nearly four months now. Previous to this, I have had several absences, all covered by my GP.

Due to being off, my employer has now informed me that they are to take me to the final stage, which can lead to dismissal. I've attended Occupational Health etc.

Are they allowed to do this while I am off sick?

Any help would be great

As above, it would be unfair on the company for them to have to keep you on the books long term when you are costing them money and they are not getting anything for it

Love2run

Thanks for your replies, confirms pretty much what I thought. _pale_

Googlewhacker

Love2run wrote: »

Thanks for your replies, confirms pretty much what I thought. _pale_

If you don't think you can get back to work then you just need to get your affairs into gear and be prepared. Remember that whilst you are off you are still accrueing the holiday so if they give you notice then you must be paid this holiday.

Also whilst I am not a big advocator of this (if the company has been good to you) it would be worth checking that they do things correctly because you could take them to an ET for failing to do this (but the mere mention of OH prob means they haven't but no harm in checking!) some people would call this self preservation I guess but it could risk referances etc.

Love2run

Thanks Googlewhacker. Although they have been ok with me while I have been off this time, they have definitely not been good with me or any other employees at any other point, so if they do anything wrong, I'll have no issue taking them to an ET! They seem to like to not go by the rules a lot so we'll see what happens! It's just being off sick is stressful enough, but this isn't exactly helping.

Googlewhacker

Love2run wrote: »

Thanks Googlewhacker. Although they have been ok with me while I have been off this time, they have definitely not been good with me or any other employees at any other point, so if they do anything wrong, I'll have no issue taking them to an ET! They seem to like to not go by the rules a lot so we'll see what happens! It's just being off sick is stressful enough, but this isn't exactly helping.

That is the thing, you only have three months in general to take them to an ET from the time they dismiss you and then you have to ask if you are upto the job mentally or physically, just read Ambers thread to see how long they can take and the stress involved.

If they have been a bad employer then make notes of the procedures they have done and then talk to ACAS and see if they have done something fundimentally wrong

Love2run

I will do, and thanks again

eschaton

Is there anything actually wrong with you ?

Love2run

Yes, that's why I'm on sick leave.

eschaton

Love2run wrote: »

Yes, that's why I'm on sick leave.

More detail required - I have known plenty of people on sick leave - it didn't mean they were actually sick.