Dismissal for being sick ?

D_e_n_i_s_e

just a quick question which im posting on behalf of a close friend.

My friend hasnt been at all too well of late and has been off work now for over 4 weeks with depression / stress issues.

Although this is a lengthy absence this is her first absence in the last 18 months, the last one being just a day off due to a cold.

anyway because she has been off for four weeks her employers (a major blue chip firm) have contacted her today to say they are going to invite her into a capability hearing to see how long they could sustain her loss, put simply they want shot of her. My friend really needs the job as it pays for her, her hubby and her kids, including home costs, car costs, etc.

My friend has sicknotes to cover her absence singed by her GP as proof that she is genuinely ill. she is on the road to recovery and has been advised by her GP once her treatment finishes in a weeks time she can return to work, she feels this as well

the question is can her employers do this? can they give her the boot for being sick? and on what grounds?

dmg24

An employee can be dismissed whilst off sick, on the grounds of lack of capability. However, the employer has to follow a strict procedure before making this decision.

Does your friend have a copy of the absence policy? If not, she needs to see it before the meeting.

As her GP is willing to support her in a return to work very soon, I would tell her not to worry too much, as she clearly is capable of working in her current position.

I was in the opposite position in my last role - I wanted them to suggest that I left, but they just kept telling me to take as much time as I needed!

Best of luck x

SPANIEL36

blimey off for 4 weeks and treatment already, i'm still waiting for my treatment since i went off at the end of may.

her employers cannot sack her for being off sick, they can ask her to go for a meeting with them to see how she is doing, receiving treatment etc and also to see if they can help in anyway in getting her back to work quicker or making her job easier when she does go back.

the only way the employers can 'give her the boot' would be on health grounds' but of a serious nature for example unable to do present job or change to another job in the company due to disablement or other reason.

if both her and the doc feel she'll be ready to go back to work then i'd tell the employers this and they SHOULD be hunky dorey..

let me know how she gets on

spaniel x

D_e_n_i_s_e

company sickness policy is no more than 3 absences in one year or a single absence lasting more than 10 days in length.

a sickness over this is a verbal and another after that is a written

my friend is on a verbal as it stands.

is there a procedure in law that the company must follow? my friend is suprised they have said to her you will be asked to attend a capability hearing without even asking her what work changes can be made to ease her back in to work etc.

dmg24

Dismissal under the disciplinary procedure would be different to dismissal due to incapability.

If she has not had any time off in 18 months why is she already on a verbal?

stebiz

D_e_n_i_s_e wrote: »

just a quick question which im posting on behalf of a close friend.

My friend hasnt been at all too well of late and has been off work now for over 4 weeks with depression / stress issues.

Although this is a lengthy absence this is her first absence in the last 18 months, the last one being just a day off due to a cold.

anyway because she has been off for four weeks her employers (a major blue chip firm) have contacted her today to say they are going to invite her into a capability hearing to see how long they could sustain her loss, put simply they want shot of her. My friend really needs the job as it pays for her, her hubby and her kids, including home costs, car costs, etc.

My friend has sicknotes to cover her absence singed by her GP as proof that she is genuinely ill. she is on the road to recovery and has been advised by her GP once her treatment finishes in a weeks time she can return to work, she feels this as well

the question is can her employers do this? can they give her the boot for being sick? and on what grounds?

Was the stress brought on by work? I am off with stress at the moment and my sick notes clearly say 'work related stress'. This would put an employer in a very awkward position.

Stebiz

D_e_n_i_s_e

dmg24 wrote: »

Dismissal under the disciplinary procedure would be different to dismissal due to incapability.

If she has not had any time off in 18 months why is she already on a verbal?

not complying to company policy - verbal

dmg24

So was the verbal not related to sickness absence? Your rather abrupt reply doesn't actually say.

D_e_n_i_s_e

dmg24 wrote: »

So was the verbal not related to sickness absence? Your rather abrupt reply doesn't actually say.

verbal due to breaching sickness policy which was stated in earlier post.

so yes verbal due to sickness

dmg24

So I'll ask again, if she has not been off sick for the past eighteen months, how can she be on a verbal warning? A verbal usually lapses after a period of time (less than eighteen months).

Savvy_Sue

D_e_n_i_s_e wrote: »

company sickness policy is no more than 3 absences in one year or a single absence lasting more than 10 days in length.

a sickness over this is a verbal and another after that is a written

my friend is on a verbal as it stands.

Maybe she's on a verbal for being off more than 10 days, and as she didn't rush back when she got that, they're moving to the written?

Although I'm not sure how they can give a verbal while you're actually off sick ...