Dismissed while on sick

Daybreak924

My Husband is on his 4th week of sickness, with Doctors notes to cover. He has just received a letter stating that his employment is now terminated, without any warnings been given, or being spoken to by his employer. He has worked there 16 months, what are his legal rights?
Thanks

sinizterguy

Under 2 years, he can be fired because the employer doesn't like the colour of his shirt, let alone 4 weeks off sick.

Provided adequate notice, etc has been provided, as per contract - that is it.

Daybreak924

they haven't followed the procedure laid down in their contract

sinizterguy

Daybreak924 wrote: »

they haven't followed the procedure laid down in their contract

Then by all means fight bsck.

Then they will follow procedure and fire the employee before the two years is up. Out of a job either way, just might stretch it out a few more weeks.

Takeaway_Addict

Are you sure their disciplinary procedure is written down? Quite unusual if it is.

If they have discriminated against him in the eyes of the law, ie sex, gender or under the equality act then you might have a claim but you have to work out whether its worth wasting alot of time on.

sinizterguy

Takeaway_Addict wrote: »

Are you sure their disciplinary procedure is written down? Quite unusual if it is.

This is not based on a disciplinary. It is quite simply termination of employment.

Give adequate notice period and wave goodbye.

ohreally

Takeaway_Addict wrote: »

Are you sure their disciplinary procedure is written down? Quite unusual if it is.

I have no doubt that there are employers without, I've never come across one (ever). Perhaps not so unusual.

Takeaway_Addict

ohreally wrote: »

I have no doubt that there are employers without, I've never come across one (ever). Perhaps not so unusual.

Not sure what I'm thinking of then.

NICHOLAS_2

His rights lie somewhere on the pavement with dog excrement

Blame the Tories they upped it to two years.

sinizterguy

NICHOLAS wrote: »

Thank the Tories they upped it to two years.

Is my take on it.

Another_not_new_user

ohreally wrote: »

I have no doubt that there are employers without, I've never come across one (ever). Perhaps not so unusual.

You must work in a strange sector then. It is exceptional that a disciplinary procedure is contractual - very rare indeed. I have come across a couple in 30 years. And if it is, then it still only amounts to (possibly) breach of contract for notice pay (assuming notice was not given). It still doesn't give a right to claim unfair dismissal because that still requires two years service - unless there is an evidenced exception.