Been fired for being sick

LittleVoice

Googlewhacker wrote: »

Isn't it 2 saturdays or did I read that somewhere?

Yes - to break continuity of service there needs to be a break of at least a week marked by two Saturdays.

yvonne13_2

antonic wrote: »

That is correct.

A Civil Service friend of mine has just been dismissed on capability grounds of taking to much sick leave AFTER returning to work following a stroke AND having doctors notes to cover her absences.

So having a doctors note means nothing PROVIDING the employer does things correctly.

Oh my godness.

KiKi

yvonne13 wrote: »

Oh my godness.

It's awful if people are seriously ill, and hopefully most get back to work with not too many problems. But we don't know the specifics of the situation here.

If the person in question came back to work, then took time off, months on end, came back for a week, then took another three months, then came back for a month, then needed another month off - there are grounds for dismissal.

People (in general) seem to think that if you are genuinely ill then you shouldn't be dismissed. I agree an employer should have some degree of patience and support, but if an employee keeps going sick with no prospect of proper return to work, why should a company keep their job open? Sickness policies are not there to catch out those who are swinging the lead (although that's a good side effect); they are there to ensure that people are at work.

Compassion and sympathy are good qualities in an employer - but they can't keep going indefinitely.

KiKi

skint-student-nurse

The thing with my job is that I worked 12 hour shifts, and did three a week,usually three days in a row - but if i missed those three shifts, they class it as a week off work,as in being off for seven days sick,where in fact,i'd only be off for three days sick if that makes sense?!

I think the think that narked my boss was that I came back from being off after missing one shift, the next week I was off for two weeks due to being in hospital due to having a severe episode of anaphylaxis,and then got the diagnosis of what im ill with at the moment, had my back to work interview and told my boss EXACTLY why I had been off, prooved it with hospital discharge notes and then got pressured into the zero hour contract.

My boss knows that i am waiting on an operation to correct the issue and improve my health,yet i went sick for the first time since my diagnosis and get fired!

skint-student-nurse

Update- I have been contacted by HR saying that they would like to arrange a meeting, from the jist of it, it would just be the one lady from HR and myself. Does my boss have to be there or can I discuss things without them being there? They knew nothing about my dismissal or the fact I had been taken off my agreed shifts,and I would like the chance to put my word across without my boss being there.

There is another branch I could move to, if I have the chance to go back, could I ask for a transfer?

KiKi

skint-student-nurse wrote: »

Update- I have been contacted by HR saying that they would like to arrange a meeting, from the jist of it, it would just be the one lady from HR and myself. Does my boss have to be there or can I discuss things without them being there? They knew nothing about my dismissal or the fact I had been taken off my agreed shifts,and I would like the chance to put my word across without my boss being there.

There is another branch I could move to, if I have the chance to go back, could I ask for a transfer?

I would take every opportunity to talk about getting back on a full time contract, not ZHC. I would put forward your case about how you feel (it's not a discrimination case, but you can say that's how you feel, esp if this ends up being a disability). It's also really important that you point out that the 4 week notice period takes you over the 12 months service (although you say your contract says you start from March? Even though you started in January?) - because this makes it unfair dismissal and you have rights to proper procedure (until April when it's highly likely that the law will change to two years - so you MUST raise it now!).

How come they got in contact - they must have had a reason to get in touch with you. What prompted it, if it wasn't your dismissal?

This could be a really good opportunity to argue your case and get back onto a proper contract and get them to rescind the dismissal; that's what I'd be doing!

KiKi

LittleVoice

KiKi wrote: »

. . .the 12 months service (although you say your contract says you start from March? Even though you started in January?) - because this makes it unfair dismissal and you have rights to proper procedure (until April when it's highly likely that the law will change to two years - so you MUST raise it now!).

The change to 2 years is supposed not be retropsective - those already in post on 5 April 2012 will still only need one year's service.

Also I think the job offer was in January but the OP had to wait for CRB check and began work on 1 April.

nightingalesgarden

In response to your questions about sick days -

Periods of Incapacity to Work (PIW) do not have to be working days. Therefore if you are sick for 1 week - say, Monday to Monday but you are only contracted for 3 of those days you still have a PIW of 8 days. PIW's are important as they drive sickness payments.

As Statutory Sick Pay (SSP) only kicks in after 4 days of PIW this is to your advantage - you don't have to wait a week and a bit to get SSP (which I think you thought by only counting working days as sick).

But, you only get paid for the days/hours that you usually would work.

So you get SSP for 28 weeks but only paid per the days that you would have worked in those weeks (3 days per week?)

Are you getting sick pay?

nightingalesgarden

Sorry - brain working slowly this morning - One last thing on SSP - just in case this is relevant.

You are not entitled to SSP if your employee’s average earnings in the eight-week relevant period prior to the payday before the first day of the period of incapacity is less than the NICs lower earnings limit (currently £97 per week/£421 per month)

bungle4by4

if you have a lot of time off work, you are going to get the sack. You have been sacked. and as you have a zero hour contract (because you have been unreliable), you will not get any joy. If i was you i would accept it, move on. and learn this harsh lesson very very fast.