Sacked due to sickness record

yvonne13_2

My friend was sacked today and she has a two year old can she claim until she finds a new job?

My friend started working for the company and she was temping for 4 weeks until they decided to make her permanent.
In the first 4 weeks temping she was off on 5 separate occasions saying her daughter was ill and they still made her permanent.

When the references came through she got pulled as her previous employer said he would never employer her again due her constant lateness and time off with her daughter being ill.
The big boss did fight her corner and gave her the benefit of the doubt when HR wanted to sack her.

Anyway the day after she was made permanent she was off again saying her daughter was ill and we never saw her for a week so when she came back to work I had a little chat with her about keeping her nose clean.
Since then my friend and her other friend have been off sick and late on more than 12 occasions. (Company maximum sick day's in a rolling twelve months is 10 occasions.) They have only been there 5 months and was still on probation.
Anyway this weekend they both got letter's in the post saying they were to attend disciplinary's today. But one of the girls was told that she would be put on 12 weeks review and the other with the young daughter was sacked on the spot. This all happy by 11:30am today.
So at 2:00pm The woman that was put on 12 week review didn't come back from the bathroom she rang in saying she is not well and was bringing in a sick note!!!!!!
My question is why was one treated differently from the other when they both done the same? could it have been down to the reference?

KiKi

There may be any number of reasons why they treated them differently: performance and attitude probably count for a lot. She and you will probably never know, I'm afraid.

But they've done nothing illegal. There is no discrimination for having children in the eyes of the law, and anyone can be sacked for any reason (as long as it's not a discriminatory one) in the first 12 months of employment.

I have to say, I'd have done the same (dismissal). 5 periods of time off in the first 4 weeks?! Sounds like the other friend will be out of a job very soon, too.

HTH
KiKi

yvonne13_2

Kiki ,

Thanks for your response but to be honest I was shocked when they made her the perm job offer as she had already shown them what they would be letting themselves in for when she was temping.

And to be honest in the current climate I would have thought they would have chosen someone with a better track record but I think maybe they were giving her a chance to change her way's.

KiKi

Sorry, just realise I didn't answer your question about claiming. From other comments I've seen on this board, I don't believe you can claim JSA if you've been dismissed...but I'm sure someone will correct me if I'm wrong.

KiKi

yvonne13_2

Oh my goodness!!! Really!!! but what about her daughter??

Please excuse me but I don't have children so I don't know if the job loss will impact on her child.

bluenoseam

Well it'd be slightly odd not being able to claim JSA for being dismissed given you're usually sanctioned if you make yourself unemployed (i.e. resign) but the DWP might take very unkindly to the sickness record themselves, frankly it's a miracle she managed to get the job in the first place, but 12 instances over 5 months is rather much, neither person would have a job if i was their boss.

Torry_Quine

KiKi wrote: »

Sorry, just realise I didn't answer your question about claiming. From other comments I've seen on this board, I don't believe you can claim JSA if you've been dismissed...but I'm sure someone will correct me if I'm wrong.

KiKi

Yes you can claim JSA if dismissed. They will ask what happened and contact the employer for their take on the dismissal. It will then go to a decision maker who will decide on any sanction whic can be up to 26 weeks without benefit. While the decision is being made JSA will still be paid.

chanie

The other colleague may have a disability and therefore it may be considered 'reasonable' to accept a higher level of sickness absence.

YOur friend hasn't been dismissed because of her sickness absence, but because she was looking after her daughter, so the two are seperate.

yvonne13_2

Bluenoseam,

I totally agree with what you said about the 12 occasions of sickness over 5 months but now because of this HR are now re-writing the lateness policy and will announce the changes next week.

I was shocked when they put in her letter that she had only been to work on time twice in the whole 5 months.
I have a feeling if that was anyone else they would have been pulled straight away.

I only have concerns for her daughter as I am unsure if she can claim until she finds work as I know her rent is due next Friday and she has a private landlord. She just just sent me a text saying she cannot claim and if I will borrow her the rent money, but for some reason I don't believe her and I just told her to go back to her mums.

yvonne13_2

Chanie,

I thought the same as you until she couldn't provide any doctor appointment cards or hospital appointment letters for her daughter or even herself.
I am just worried she will be left without any money

bluenoseam

cripse, suddenly my former employers sound fairly draconian for giving me a "chat" (not a verbal warning) after being late twice (admittedly both were my fault) but only being on time twice in 5 months.......