Sacked with no Warnings after 13 months service?

skyinsider

So was this 17 days in total in addition to your standard holidays? I am assuming that you work full time (35+ hours a week) - is this the case?

OK, so in my opinion this is excessive absenteeism but we will put this to the side as it is my opinion.

So, the way I see it is:
1. They don't need you
2. You were no good at your job and used this as the reason to get shot of you
3. They just didn't like you
4. The days you were off had a huge impact on their business

If you can identify with what the reason was why they dismissed you it will be better for you to sort things out.

What are you hoping for by 'taking action'? If it is a pay-out... that isn't going to happen (as others have said see the law). You might, if very lucky, get a second shot at your job but would you really want to go back.

If I were you I would look to the future. See what jobs are about and build up your experience again.

Best of luck.

zzzLazyDaisy

'Persistent absenteeism' is not, on its own, gross misconduct.

For gross misconduct there must be an element of misconduct - so for example asking for leave, being refused, and then taking it anyway.

If the reason really is that you had a lot of absenteeism, albeit on sick leave, or other authorised leave, then they should have followed the warnings procedure and you would have a good prospect of success in a tribunal.

If the real reason is that you made a fraudulent declaration - say for example you self certificated that you were sick when the real reason was that your ex-partner had no-one to look after the children, that would be gross misconduct. Finding the evidence to support this might be another matter - unless you had already asked for the time off, been refused, so called in sick instead.

I suspect there is more to this than meets the eye.

Gilbert2

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.

Wow, what a statement to make within 3 minutes of the OP posting the thread.

Tell me, what did the OP's contract state?

Bear in mind you did all this within 3 minutes and typed a response.

Gilbert2

paulwellerfan wrote: »

OP are you in a Union?
i would be asking them for advice on this matter tbh

Why?

Would not a qualified person be more appropriate?

After all, a postman's union rep could just be a....ummm.....postman.:(