Dismissal for being sick ?

Gazella77

Beanie, thanks, I am completely new to this territory and know next to nothing esp as I have never been off sick for long, made redundant/ sacked etc. I've been with them only for 3 years so I wouldn't get a lot of redundancy anyway, I am thinking more about the benefits, I heard that I wouldn't be entitled to anything if I resign myself.

jumpycheese1

With many employers - verbals last 6 months on the concerned employee's record for 6 months and written ones last 12 months.

Also the employee has to present to be at disciplinary proceedures in order for warnings to be issued out.

ohreally

jumpycheese1 wrote: »

Also the employee has to present to be at disciplinary proceedures in order for warnings to be issued out.

Actually they don't have to be present. I have personal experience of a chap who deliberately failed to turn up for a hearing, mistakenly believing bodyswearving the process would somehow protect him, it didn't and a dismissal resulted (a wee bit more to it, but thats the long and the short of it).

~Beanie~

You are only redundant if your job ceases to exist. If they sack/dismiss you due to sickness and have to get someone else in to replace you, you are not redundant and therefore not entitled to any payment. Same if a fixed-term contract ends, you are not redundant as you were employed for a set time and again, not entitled to a payout.

Gazella77

Thanks, that's more clear now but my worry is would I be eligible for income support at all if they get rid of me?

hayley11

Gazella77 wrote: »

Thanks, that's more clear now but my worry is would I be eligible for income support at all if they get rid of me?

If you have no other income (from a partner etc) you should get income support. Does your brother get any benefits? If he doesn't, he should be looking into claiming something.

It sounds like you need some advice regarding your job, your brother and what benefits you might be entitled to if you lost your job. I would got o Citizens Advice if I were you.

I doubt very much you'll get redundancy pay though, unless they've already said this.

The fact that you've been there 3 years is good I think, they have to follow a very strict procedure before they let you go, if they don't follow that properly, you could have a claim for unfair dismissal.

I would definitely get advice though, you'll feel a lot better about everything once you know exactly where you stand

Fire_Fox

If your company dismissed you on the grounds of ill health as certified by your GP you should be entitled to Incapacity Benefits.

Gazella77

No, I have no other income - am a single parent battling with the CSA for any maintenance.

My brother doesn't get anything as he wasn't registered in the Home Office (we're from EU but not British). I am seeing social services next week to discuss any options for him.

Oh, ok I need to look into incapability benefits then as have never considered that.

I'll keep searching so that I am prepared for any scenario.

Thank you all very much, I appreciate

stevedalton

hayley11 wrote: »

I went off sick in a previous job with depression/anxiety. I had to go in at least twice for capability hearings so yeah I would say they are allowed to ask your friend to go in for a hearing. They can't just let your friend stay off indefinitely and do nothing about it. While he is off sick they are a man down.

There are other things that you haven't mentioned that need considering....

How long has he worked there for?
Has he followed the absence procedure correctly?
Has he had any other warnings?
Has he missed other hearings?

3 years
Yes
No
n/a

I can understand the reasons behind the actions I just think its a bit unfair that the managers first discussion requested with him is to allow him to appeal against the managers decision ro recommend dismissal. I would have thought that the first meeting should be along the lines of "How are you. Is there anything that we can do to help you". The irony of all this is that we are a charity that helps people into employment!

hayley11

stevedalton wrote: »

3 years
Yes
No
n/a

I can understand the reasons behind the actions I just think its a bit unfair that the managers first discussion requested with him is to allow him to appeal against the managers decision ro recommend dismissal. I would have thought that the first meeting should be along the lines of "How are you. Is there anything that we can do to help you". The irony of all this is that we are a charity that helps people into employment!

I don't think they are allowed to just fire him then, not without following the proper procedure. He needs to get advice really, he can either ring ACAS or contact citizens advice. Good luck