can he get sacked while sick?

homealone_2

my husband has a long term case going with his company as he had an injury whilst working 2 years ago and although a no fee solicitor is dealing with it not getting very far. at moment he has had relaps and is in 5th week off sick leave this year. he was sent to company doc two weeks ago who advised 3 further weeks off sick and then 3 months on light duty. his manager made a home visit last week and said they had no light duties and he would need to return to work only when fully fit. he was also warned when he returns they will be starting proceedings to sack him as he has had too much time off sick. he has asked union and all they have advised is to write to human resources. solicitor is adding it all to oncoming claim. but we dont know where we are. i thought you could not be sacked for sick leave but obviously wrong. he was being paid for last 3 weeks and found out last week from manager he should not have got paid as he pay was suspended and he would stop it which he has done. today he got £50.32 which must be ssp minus pension etc. manager was meant to ring 3 days ago when he had checked there was no work available in any depot but not bothered and he rang another manager yesterday who also did not return his call he is now dreading post arriving in case they have sacked him. is this possible? they did this before on a colleague who took them to tribunal and won £8k. both so worried i am on disabilty benefeits but we do get some child tax credits, worried about managing?????

lynzpower

homealone wrote: »

my husband has a long term case going with his company as he had an injury whilst working 2 years ago and although a no fee solicitor is dealing with it not getting very far. at moment he has had relaps and is in 5th week off sick leave this year. he was sent to company doc two weeks ago who advised 3 further weeks off sick and then 3 months on light duty. his manager made a home visit last week and said they had no light duties and he would need to return to work only when fully fit.
( Ignoring doctors recommendations! this wont stand up in court, sounds like the basis for unfit/ constructive dismissal as far as Im concerned,)

he was also warned when he returns they will be starting proceedings to sack him as he has had too much time off sick.( not legal! 5 weeks! Has he sued the company due to his injury, was there a health & safety breach, ie does he have a case What is your hubbys injury, is it fair to say that its impacted on his daily life, its been over 2 years i understand this means that your hubby should be treated for the employment purposes as someone with a disability, this is what happened to me, I was ill for 5 years, and thus I shouldve been treated under disability policy, not sickness policy)

he has asked union and all they have advised is to write to human resources.
( union incorrect, they need to raise a formal grievance, go to the central helpline, google it, and take it from there)
solicitor is adding it all to oncoming claim. but we dont know where we are. ( this sol doesnt sound great, have you spoken to acas) i thought you could not be sacked for sick leave but obviously wrong.( you CAN be sacked as I understand it for sickness but its very difficult to do so if the person has a disability which it sounds like he does given how long the repercussions of the injury has gone on for) he was being paid for last 3 weeks and found out last week from manager he should not have got paid as he pay was suspended and he would stop it which he has done. today he got £50.32 which must be ssp minus pension etc. manager was meant to ring 3 days ago when he had checked there was no work available in any depot but not bothered and he rang another manager yesterday who also did not return his call he is now dreading post arriving in case they have sacked him. is this possible? ( its possible, but not legal) they did this before on a colleague who took them to tribunal and won £8k.( they should have learned thier lesson then about whats legal & whats not. Clearly they are taking the pi55. Do you know what lawyers they used? Worth finding out if poss adn going with them instead of your rubbish no won no fee sol, have you tried employment advice centre/ community law centre insteead)

both so worried i am on disabilty benefeits but we do get some child tax credits, worried about managing?????

It is hard, iVEbeen there myself and is tremendously stressful.

I suggest getting your heads together and doing a diary, incliding in hospital appoinments, your own GPs view and so forth. My gp was very helpful in writng letters as he knows me better than a occ health dr.

At the end of the day the company sounds like shysters.

What was the injury are they worried about firiung him cos he is about to sue them and theyd rather stuff him over first?

ohreally

I'm concerned about most of your post, the point which concerns most is why, if he's a trade union member has he instructed a solicitor to represent him? He is almost certainly in breach of rule and the union will almost certainly decline to provide representation for him now.

homealone wrote: »

my husband has a long term case going with his company as he had an injury whilst working 2 years ago and although a no fee solicitor is dealing with it he has asked union and all they have advised is to write to human resources.

Why couldn't his union assist with this?

Emmzi

1 question a company usually asks is; "is this person fit to fulfil the terms of their contract."

It's never as black and white as yes they can/ no they can't sack you. Under some circumstances they can, and it is perfectly legal.

Common things to consider in answering the question above are

- is it a recurring complaint, which may go on forever, or will it get better?

- is it a registered disability under DDA and if so, are there 'reasonable adjustments' that can be made? (these tend to be changes to seating, equipment, etc.. eg for a blind person, providing a speech translator for pc.. for bad backs, special chairs, that kind of thing)

- is it likely to ever get better/ be cured

- would a change in duties/ working hours/ location make things easier, if so is it possible?

If there is no way he can fulfil terms of contract (and I'd say around 10-20 days sick a year MAX would be about what a company would bear before considering action), the question for you is then..

- have the company followed their own documented procedures (you need to make sure you get a copy of these.) If they don't follow their written procedures, there is a case for going to Employment Tribunal.

HTH.

jobbingmusician

Agree with Emmzi - if the company do sack your husband, ask the company to send a copy of their disciplinary procedure.

To reassure you at this stressful time, look here. Yes, an employer can sack for sickness, but not without consultation or advice. The following is a quote from the site above.

By law, there are certain minimum steps that must be included in a disciplinary procedure - these are known as the 'statutory minimum procedures'. If your employer dismisses you without following this process, then if you make an unfair dismissal claim, the dismissal will normally be 'automatically unfair'. You normally need at least a year's service before you can make an unfair dismissal claim.

Hope this helps!