Off sick from work, employer trying to fire me for misconduct

your_evil_twin

Actually I just realised... when I started with the company on the 26th April 2012 it was through an agency. After three months I then became directly employed by the company.

That is why they are doing this ridiculous thing of calling it misconduct rather than doing a capability dismissal - they are trying to get rid of me as fast as possible, an extra three weeks would be long enough to challenge them for unfair dismissal. :mad:

pelirocco

Takeaway_Addict wrote: »

The question of when you started working for them is important, if it is less than 2 years ago they can dismiss you fairly easily with little recourse.

If it's longer I would expect them to start capability proceedings against you even if you win your case.

Really surprised you've not made the effort to ask for alternate work and I'm not surprised the employer is annoyed with you.

Actually it's not that easy to dismiss , sickness brings into question the disability at work act we have 2 employees on long term sick won't won't ever be able to return but we are still attempting to go through the procedures but they are cancelling meetings and not responding to requests for info (we employ a company for employment law etc so all above board ) other one we have to wait for 6 months before even starting

patman99

For the purposes of employment law when calculating redundancy, they have to count the period of employment from the point at which you first started working for the company even if as an agency or temporary staff.
Not sure if this would be the same for your situation though.

emzi27

Bit daft to be putting YouTube videos of you talking for periods of time. Obviously they are going to have a problem seeing that.

Takeaway_Addict

pelirocco wrote: »

Actually it's not that easy to dismiss , sickness brings into question the disability at work act we have 2 employees on long term sick won't won't ever be able to return but we are still attempting to go through the procedures but they are cancelling meetings and not responding to requests for info (we employ a company for employment law etc so all above board ) other one we have to wait for 6 months before even starting

Agree to a certain extent, we use a company as well but they will always err on the side of caution.

BTW its not the disability at work act, its the equality act 2010 which gives extra protection if their illness is deemed a disability. I doubt losing their voice temporarily would come under this.

Why do you need to wait 6 months to start the ball rolling? Even if you pay 6 months SSP you may as well look to start at 4 months (and really you should have meetings well before 4 months to cover your back)because by the time things come to a head it will be past 6 months.

getmore4less

pelirocco wrote: »

Actually it's not that easy to dismiss , sickness brings into question the disability at work act we have 2 employees on long term sick won't won't ever be able to return but we are still attempting to go through the procedures but they are cancelling meetings and not responding to requests for info (we employ a company for employment law etc so all above board ) other one we have to wait for 6 months before even starting

Paid by the work or fixed price?

your_evil_twin

patman99 wrote: »

For the purposes of employment law when calculating redundancy, they have to count the period of employment from the point at which you first started working for the company even if as an agency or temporary staff.
Not sure if this would be the same for your situation though.

Ah, thank you!

Having a look around, the guides online about unfair dismissal rights and redundancy rights use the term "2 years continuous work" but make no mention of whether time spent through an agency counts. So if you happen to know that it does count for redundancy calculations, then that bodes well. I hope that is the case. I'll phone ACAS on Monday to make sure.

I'll also go to the doctor on Monday again, and let her know that rather than just accusing me of lying about being sick (which can be easily refuted thanks to the medical reports), me employer is now accusing me of harming my own recovery. I told them that my doctor is aware that I make these brief fortnightly youtube videos and thinks they are harmless, but they only have my word for that. So if would be very helpful if she could write something to confirm that is her opinion.

KiKi

your_evil_twin wrote: »

Ah, thank you!

Having a look around, the guides online about unfair dismissal rights and redundancy rights use the term "2 years continuous work" but make no mention of whether time spent through an agency counts. So if you happen to know that it does count for redundancy calculations, then that bodes well. I hope that is the case. I'll phone ACAS on Monday to make sure.

I'll also go to the doctor on Monday again, and let her know that rather than just accusing me of lying about being sick (which can be easily refuted thanks to the medical reports), me employer is now accusing me of harming my own recovery. I told them that my doctor is aware that I make these brief fortnightly youtube videos and thinks they are harmless, but they only have my word for that. So if would be very helpful if she could write something to confirm that is her opinion.

The reference to redundancy including agency staff isn't always the case...some *may* be entitled to it, but it depends on the circumstances. And only employment for two years counts for unfair dismissal. Agency and self employed work do not count. However, any notice period you have might take you into the two year period, so worth checking.

Btw, whilst I agree that doing certain types of activity shouldn't mean it's wrong to be sick and off work, it really was not good judgement on your part in keeping a good relationship with your workplace. Keep your internet and FB life private and away from work people.

DCFC79

Any news OP ?

Mersey_2

Your evil twin - looking at the dates, you have 2 years' employment even without the agency work. How did you get on?