Sacked with no Warnings after 13 months service?

tawecdl

Quick question,

Can someone be sacked after 13 months service for absenteeism without any verbal or written warnings?

Thanks in advance.

DevCoder

Yes, they can sack you for any reason as long as its not discriminatory (race, sexual orientation etc) in the first 2 years.

Annisele

Yes, they can.

Whether the dismissal is fair or not is another question entirely. One end of that scale might be: employee didn't turn up for weeks, wasn't contactable, and the reason turned out to be that he'd been sent to prison for ten years. Another end might be that the employee didn't ring in sick because he was unconscious, and was fired at 9.01am having failed to turn up at 9am.

Did you receive the correct notice pay and holiday? Are you wanting your job back? Compensation?

TadleyBaggie

krisdorey wrote: »

Yes, they can sack you for any reason as long as its not discriminatory (race, sexual orientation etc) in the first 2 years.

This is true only if the employment started in April 2012 or later. For someone currently with 13 months employment, this would not be the case and a 12 month limit would apply.

So no that can't just dismiss you without due process being followed.

mountainofdebt

krisdorey wrote: »

Yes, they can sack you for any reason as long as its not discriminatory (race, sexual orientation etc) in the first 2 years.

In fairness the OP has stated that the employee in question has 13 months service.

So that means they were employed prior to April 2012 and so only need to service 12 months before getting employment protection.

I wish people would read the info given properly.

Why was the employee absent, and was the dismissal proceedure followed?

getmore4less

krisdorey wrote: »

Yes, they can sack you for any reason as long as its not discriminatory (race, sexual orientation etc) in the first 2 years.

1 year for those employed before 6 april 2012

Funky_Bold_Ribena

tawecdl wrote: »

Quick question,

Can someone be sacked after 13 months service for absenteeism without any verbal or written warnings?

Thanks in advance.

Well, they can sack you but if you have had no due process then you can take them to a tribunal. What actually happened?

You don't have to have had any other warnings if the company have deemed this instance as gross misconduct. However to have come to that conclusion they would have investigated and dismissed following a procedure...

pmlindyloo

There is a very good guide here:

http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/dismissal.htm

tawecdl

Ok so what happened was...

Employment started in December 2011.
I had approximately 15 days off throughout the first 12 month period but some of these occasions were to look after my children so I worked from home.
In January 2013 I had 2 days off due to sickness, I attended the doctor and was prescribed medication and returned to work the following day.

I was then given an investigation hearing, which lead to a disciplinary, which ultimately lead to dismissal for gross misconduct of "persistant absenteeism".

I am shocked at the decision and unhappy as I was under the impression that I would first be given warnings before being sacked. I want to know if I may be entitled to compensation for this or even my job back? (I did appeal but it was rejected)

Thanks again for all your responses.

Funky_Bold_Ribena

In your disciplinary procedure - was 'persistent absenteeism' deemed 'gross misconduct'? Were the 15 days in addition to your annual leave?

tawecdl

Funky_Bold_Ribena wrote: »

In your disciplinary procedure - was 'persistent absenteeism' deemed 'gross misconduct'? Were the 15 days in addition to your annual leave?

yes 'persistent absenteeism' was deemed as 'gross misconduct' and the 15 days were not part of my annual leave.