Dismissed while on sick

Daybreak924

what about precedent, there are other employees who have worked there less than 2 years, but have gone through a disciplinary procedure as stated in their contract of employment. Verbal warning, then written, then sacking, why is it ok for them to just sack my Husband without them even speaking to hi?. What is the point of giving a contract to an employee before they have worked there two years, if it counts for nothing? He has valid sick notes to cover the weeks he has been off, do they count for nothing too?

Another_not_new_user

Daybreak924 wrote: »

what about precedent, there are other employees who have worked there less than 2 years, but have gone through a disciplinary procedure as stated in their contract of employment. Verbal warning, then written, then sacking, why is it ok for them to just sack my Husband without them even speaking to hi?. What is the point of giving a contract to an employee before they have worked there two years, if it counts for nothing? He has valid sick notes to cover the weeks he has been off, do they count for nothing too?

I am sorry but the answer is that these things don't count for anything at all in law in respect of these circumstances. If you do not have two years continuous service then with a few exceptions the employer cannot be held legally accountable for potentially unfair dismissal. And whether sickness is genuine or not is also not relevant, unless you can prove that the sickness was a disability and that the employer knew about, or should have known about, the disability in question.


And I think that you will find that the procedure you describe as being contractual is not quite as simple as you think and not contractual. Describing the disciplinary process in the statement of terms, or saying where it can be found, (which is only part of the legal contract - what people usually describe as "the contract" isn't actually the contract at all) is a requirement of law. That does not mean that following the disciplinary procedure is actually contractual. And what you describe could not possibly be "contractual" because there are many cases where, even when followed, a first "offence" gets more than a verbal warning - the outcome of a disciplinary is based on the seriousness of the issue, not on simply progressing through the stages.


But regardless, even if it were contractual, as I said before, the chances are that you would spend more on chasing this through an employment tribunal than you would win.

sinizterguy

Daybreak924 wrote: »

what about precedent, there are other employees who have worked there less than 2 years, but have gone through a disciplinary procedure as stated in their contract of employment. Verbal warning, then written, then sacking, why is it ok for them to just sack my Husband without them even speaking to hi?. What is the point of giving a contract to an employee before they have worked there two years, if it counts for nothing? He has valid sick notes to cover the weeks he has been off, do they count for nothing too?

He wasn't being taken through a disciplinary procedure.

People can be sacked without any disciplinary issues whatsoever. Especially so when their employment has been for less than 2 years.

Your husband has had his employment terminated.

If you feel that in addition to this, he should also undergo some disciplinary procedure - what do you want this to achieve ? Because that won't be instead of the termination.