We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Sick and holiday leave
Glitzer
Posts: 142 Forumite
My husband started working for a company on 4 April with a 13 week probationary period. We had no concerns about him sailing through the probationary period as he was taken on by the company after working there for a year previously via agency and the company spent the best part of the year trying to get him to sign for them directly.
However, he now needs to have surgery, which will require a minimum of two to six weeks off work. They usually recommend a minimum of four weeks but have said there's a slim chance of a return to fitness within two. His boss has flipped. We knew when they took him on that he had *something* wrong but we weren't sure what and he filled out the occupational health questionnaire honestly, giving details for his GP and the consultant that he was seeing. The boss has threatened to not pay anything and to either sack him if he goes ahead or cancel his holiday which was agreed before he signed his employment contract (and has been paid for).
Everything I've read states he his entitled to SSP, no matter how long he has been employed etc. His employment contract also states that SSP is paid through their payroll. I've printed information for him to take in today regarding that so we have no worries on that front, although I guess they could still try and be difficult.
Regarding the holiday, my husband has the permission slip signed and dated from March. I'm aware that employers can cancel previously agreed holiday for a business need but could she cancel it because of him taking time off sick? I can't really find anything clear about that.
Also, in the event she decides to say he hasn't passed probation, does she need to give a disciplinary reason?
She (manager) has recently sacked someone for taking time off to attend his own father's funeral abroad and previously sacked someone in a similar situation to my husband. She sounds like a bully by all accounts but no one has held her to account before now! I'm also assuming the head office have no idea about her behaviour. Or maybe they do and don't care.
However, he now needs to have surgery, which will require a minimum of two to six weeks off work. They usually recommend a minimum of four weeks but have said there's a slim chance of a return to fitness within two. His boss has flipped. We knew when they took him on that he had *something* wrong but we weren't sure what and he filled out the occupational health questionnaire honestly, giving details for his GP and the consultant that he was seeing. The boss has threatened to not pay anything and to either sack him if he goes ahead or cancel his holiday which was agreed before he signed his employment contract (and has been paid for).
Everything I've read states he his entitled to SSP, no matter how long he has been employed etc. His employment contract also states that SSP is paid through their payroll. I've printed information for him to take in today regarding that so we have no worries on that front, although I guess they could still try and be difficult.
Regarding the holiday, my husband has the permission slip signed and dated from March. I'm aware that employers can cancel previously agreed holiday for a business need but could she cancel it because of him taking time off sick? I can't really find anything clear about that.
Also, in the event she decides to say he hasn't passed probation, does she need to give a disciplinary reason?
She (manager) has recently sacked someone for taking time off to attend his own father's funeral abroad and previously sacked someone in a similar situation to my husband. She sounds like a bully by all accounts but no one has held her to account before now! I'm also assuming the head office have no idea about her behaviour. Or maybe they do and don't care.
0
Comments
-
My husband started working for a company on 4 April with a 13 week probationary period. We had no concerns about him sailing through the probationary period as he was taken on by the company after working there for a year previously via agency and the company spent the best part of the year trying to get him to sign for them directly.
However, he now needs to have surgery, which will require a minimum of two to six weeks off work. They usually recommend a minimum of four weeks but have said there's a slim chance of a return to fitness within two. His boss has flipped. We knew when they took him on that he had *something* wrong but we weren't sure what and he filled out the occupational health questionnaire honestly, giving details for his GP and the consultant that he was seeing. The boss has threatened to not pay anything and to either sack him if he goes ahead or cancel his holiday which was agreed before he signed his employment contract (and has been paid for). - They are perfectly entitled to sack him, and perfectly entitled to cancel holiday. (though in regards the holiday they would be liable for your expenses to date)
Everything I've read states he his entitled to SSP, no matter how long he has been employed etc. His employment contract also states that SSP is paid through their payroll. I've printed information for him to take in today regarding that so we have no worries on that front, although I guess they could still try and be difficult. - Well they can just sack him?
Regarding the holiday, my husband has the permission slip signed and dated from March. I'm aware that employers can cancel previously agreed holiday for a business need but could she cancel it because of him taking time off sick? I can't really find anything clear about that. - Cancel for any reason. Sacked for any reason too (for the first 2 years, not 13 weeks)
Also, in the event she decides to say he hasn't passed probation, does she need to give a disciplinary reason? - No.
She (manager) has recently sacked someone for taking time off to attend his own father's funeral abroad and previously sacked someone in a similar situation to my husband. She sounds like a bully by all accounts but no one has held her to account before now! I'm also assuming the head office have no idea about her behaviour. Or maybe they do and don't care.
Surely if he'd been there a year he knew this?0 -
I didn't think you could sack someone for taking time off sick?!
As I said, he was there previously under agency.0 -
She can cancel the holidays but he will still be owed them.
He can claim SSP (providing all requirements are met)
If he wants/needs the surgery i would suggest that he starts looking for another job, or take the oppotunity whilst he is on his sick leave. I doubt he will have one to go back to.
Shes not been held to account because there is nothing to be held to account for. Whilst she has to pay sick pay, she can easily dismiss your o/h without reason.0 -
I didn't think you could sack someone for taking time off sick?!
As I said, he was there previously under agency.
You cant, but you can sack someone because they didnt fit in with the work place, or couldnt meet the need of the workplace or thousands of other reasons that wouldnt trouble her.0 -
Argh. OK. I didn't think you could sack someone for having time off sick for surgery. Ugh. I don't know what to do; he needs the surgery, it's literally life saving. But we also need money.0
-
Its a no brainer, The surgery there are other jobsArgh. OK. I didn't think you could sack someone for having time off sick for surgery. Ugh. I don't know what to do; he needs the surgery, it's literally life saving. But we also need money.
You can be sacked for anything without recourse in the first two years (apart from discrimination)0 -
They wouldn't be sacking for that reason. They'd find him incapable of doing the work and let him go for that reason instead. If he can't fulfil the requirements of the job due to being in hospital then the employment contract can be considered to be frustrated instead. It means once he's out and fit enough he can go straight on to job seekers allowance without any sanction applying.Argh. OK. I didn't think you could sack someone for having time off sick for surgery. Ugh. I don't know what to do; he needs the surgery, it's literally life saving. But we also need money.
In the meantime ... if eligible ... claim ESA.
Health is much more important than money so even if it means selling everything and living in a rented flat on housing benefit then that's what I would do.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Argh. OK. I didn't think you could sack someone for having time off sick for surgery. Ugh. I don't know what to do; he needs the surgery, it's literally life saving. But we also need money.
There's no real alternative - if it's 'literally' life saving then he has to have it (or he won't be around to earn money anyway so.....).
People can be sacked whilst on sick leave due to attendance and/or capability issues - as in, the company requires a consistent attendance and performance and if a worker is not there then he may be deemed unsuitable.
Could your husband go back to the agency after his surgery? He has proved himself suitable for work (so much so that he was offered a permanent role) so they know him and are more likely to be accepting of his circumstances.:hello:0 -
When is the surgery due to take place and when is the holiday booked for? Is it a case of right after? What is going to be the impact on the business?
Frankly, if it was me, I would try to find a compromise. I would do everything to try to come back asap, even if an extra week would have been nice and if the holiday coincide with the surgery (ie. shortly before or after), I would try to see if it is possible to move it to a later date). Ultimately, it's about showing his boss that he is doing is best so that his absence doesn't have a negative impact on the company rather than taking a 'it's not my problem/fault, so tough attitude'.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards