sacked for being off sick

edited 30 November -1 at 1:00AM in Employment, Jobseeking & Training
14 replies 34.9K views
troniktronik Forumite
1 Post
hello every1 what can i do,i was recently sacked whilst being signed off sick by doctor,rec'd letter from employer during the week i was off sick.I was previously given a verbal warning for lateness due to the clocking in clock being approx 10 mins fast. When clocked in,my watch and everyone elses stating i was infact 3-5 mins early i did mention this to supervisor at the time.The employer stated in dismissal letter i was warned in verbal warning if i had any more time off,I would clearly remember if the warning stated anything about absence when the warning was for lateness as i stated above ,but was not warned cos warning was for lateness only.I rec'd the 1 verbal warning only was then sacked,i was only at the company for 3 months my problem now is that i signed on for jobseekers allowance and they have suspended benefit till mid december leaving me to live on hardship payment of 60% of the £112 fortnight jobseekers allowance.I live alone and rent from housing association so the 60 odd pounds i get a f/night is making it virtually impossible to get by.hhhheeeellllpppp,cheers in advance for any advice anyone might have,jason
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Replies

  • You shouldnt be sacked or dismissed for being off sick!

    Why have they suspended your benefits payments until December - is it because you were dismissed from the last job? Are you still classed as sick - ie are you still signed off? Check your entitlement at Entitledto - you would maybe be eleigible for Incapacity? Or are you able to work?

    I would speak to someone at ACAS or the Citizens Advice Bureau.
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  • FleagoFleago Forumite
    1.2K Posts
    People CAN be dismissed perfectly legally for being off sick as long as the employer has followed the correct procedures and paid attention to the requirements placed upon them by the Disability Discrimination Act if it applies to the employee concerned.

    To get the best advice in your particular case, tronik, hjb123 is right; you should contact ACAS and/or the CAB.
  • JamzJamz Forumite
    278 Posts
    In the first 16 weeks work can't you be sacked for anything they want? as it's a probationary period?
  • movingforward2010movingforward2010 Forumite
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    Are u still currently unwell? if u are u may be able to claim incapcity benefit. If you have been sacked due to being ill , why have you had your JSA suspended? I process JSA usaully you only get suspended if you have caused yourself to be sacked due to miss conduct or left the job off your on back, i would seriously consider contacting your local JOB CENTRE or BENEFIT PROCCESING OFFICE and explaing the situation, they more than likely have contacted your prvious employer to get the reason why you were dismissed, so you really need to know what they have told the job centre. Appeal against the descion, its sounds like they have told the JOB CENTRE you have been sacked for lateness rather than being sick also a doctors note would be good evidence to show you were actually off ill not just having 'duvet days' so to speak.

    were you claiming JSA before you had this job for 3 months?

    Also are you claiming contribution or income based?
  • In the first 16 weeks work can't you be sacked for anything they want? as it's a probationary period?

    You can't be sacked for anthing at any stage. However, it is extremely difficult to gain any recourse prior to a year's employment.
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  • I always thought the Code of Conduct involved at least two verbals and one written but depends what is in your Comapnys' Handbook. Like others have advised - I would certainly challenge it as all too often companys do not follow procedure as they don't expect anyone to question it.
    Good Luck.

    Re: the verbal warning/sickness I would ask to see what has been put on your personnel file as you are entitled to see anything which is written about you. If they refuse apply under the Freedom of Information Act - in which they have 28 days to respond (I believe).
  • You can be sacked for being off sick no matter how long you have worked for a company.
  • hjb123hjb123 Forumite
    32K Posts
    You can be sacked for being off sick no matter how long you have worked for a company.
    That might be true but they would have to make sure that they weren breeching the DDA when doing that
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  • Savvy_SueSavvy_Sue Forumite
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    Re: the verbal warning/sickness I would ask to see what has been put on your personnel file as you are entitled to see anything which is written about you. If they refuse apply under the Freedom of Information Act - in which they have 28 days to respond (I believe).
    And even a verbal warning should be recorded on your file, in writing ...
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  • shanouckshanouck Forumite
    28 Posts
    My friend who lives with me faces similar....
    Last saturday 20/03/09 he was rushed to hostpital, and has been signed off by the doctor with a sick note - which was posted recorded to his place of work.. This letter was posted on the 23/03/09 the works office has recieved and signed for it. The sick note runs out on the 29/03/09...when he has to go back to the doctor to have dressings changed and see test results.
    He has recieved a letter to day about a disciplinary hearing to be held on wednesday the 1st April... About his miss conduct at work which happend on the 25/03/09....(He was not at work on the 25/03/09) he has been off all week- i have saved all the documents and have copied the sick note plus looked at the tracker on royal mail and copied this signature and the date the sick note was recieved by them. This letter from them was the same place the sick note was sent to...
    I have looked up on the web about this and can only find info on what happends if your sacked whilst off sick.. and not found anything on about something you have supposed to of done at work - whilst you was at home sick?
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