Dismissal Due to Ill Health

Liam93

I'm asking on behalf of my mum as she's a little too proud to ask herself; so aiming to be able to inform her more / know if to try persuade her to seek advice from say the CAB.

The Situation:

She's worked for this company for the past 19 years and has very rarely been ill throughout. However, recently (past 6 months) she's been off work twice due to ill health. Growing up I've never known her to be ill (weirdly), so this really is completely out of character.

The first time was around a week and a half and she was signed off sick by our GP, which she showed to her (new) manager as evidence. Then she was ill again last week but only for a couple of days. Both times she did give appropriate notice.

Upon returning to work her manager informed her that if she has any more time off sick this year then she will be dismissed from the company. Which has obviously made her very stressed and she's frankly terrified of the prospect.

Having searched around on the internet re. employee rights quite a lot I'm still unsure as to whether they can do this?

Sorry for the fairly long post, and many thanks for any input that can be offered. I'm just really stuck for ideas / what to do.

Horseunderwater

Have a look at the ACAS website http://www.acas.org.uk/index.aspx?articleid=1461 - there should be lots of info on there.

Takeaway_Addict

The manager is being silly (insert stronger word if required). A week and a half of sick and then 2 days is nothing, especially with 19 years of employment.

An employee can be dismissed for being ill but its not legally easy to do and can take months to do and is normally for long term sickness or alot of smaller times of. If your mother was ill for a day soon and she got dismissed then unless she is hiding things from you there is a high chance she would be successful at a tribunal for unfair dismissal.

Can she go above the manager and complain about the aggressive nature of the manager?

Liam93

Thanks that's really good to know. I'll at least let her know that, then it should help put her mind at rest somewhat. Unless as you say she is hiding something from me, but do still live with her so seems unlikely.

I don't see why she wouldn't be able to go above her manager to the area manager. Only thing would be trying to convince her to do so, as there's been a string of issues with her current manager, yet she's not gone to anyone for help - beyond telling me about it anyway.

ohreally

Suggest she considers joining union.

rh41

ohreally wrote: »

Suggest she considers joining union.

Most union wont support people who join after the event so to speak

Takeaway_Addict

rh41 wrote: »

Most union wont support people who join after the event so to speak

He means for the future...

stefejb

What should have been said was something along the lines of "could lead to a written warning and further warnings could lead to dismissal"
That might have been said. In my experience as a rep members often hear the worst because they are understandably nervous. My union would represent her if she joined. In the meantime she could read the managing attendance policy to set her mind at restand to make sure procedures were followed

ShadowPuma

It *can* be done but has to be done carefully and a couple of absences in 6 months with doctors notes doesn't really cut it. Especially after 19 years.

I would personally raise it with HR or the manager above the one who has been bolshy. Unless of course there is something else she isn't telling you.

witsend10

Hi there, from personal experience I would say get your Mum some legal cover on her household insurance. I hope it isn't, however it sounds suspiciously like the start of bullying someone out of the workplace. The situation, if it was even a problem, could have been dealt with via a friendly informal chat, the fact that a formal letter was sent out speaks volumes!
It costs about £25 for the year to add the legal cover, is well worth it. Something very similar started with myself at work and over time escalated massively, I am now very glad that I had the legal insurance because the union were useless and I have free legal representation for my tribunal. Good luck.

QuackQuackOops

Everyone giving advice to you on here can't, firstly because the situation isn't coming directly, it's hearsay and secondly your Mum may have misheard.

Best thing to advise your Mother is to talk to CAB herself and they can advise after hearing first hand.