Sacked advice needed ASAP

lincroft1710

The employer doesn't have to give a reason for dismissal

jobbingmusician

no, but apparently they have.....OP, was your son told this in writing?

lincroft1710

Employers only have to make reasonable adjustments where there is a disability. Poor attendance or incapability to carry out the tasks of a job because of illness are perfectly acceptable reasons for dismissal

Sarah69

My so nice hasn't been given any notice about this, he just went in for a meeting on Friday and was just told don't come back in the New Year.

I've been looking through some of his things from work namely disaplinary and procedures. 1) a verbal warning 2) a written warning and 3) dismissal. Steps 1 and 2 seem to be missing! I can't believe that this can be allowed to happen. He has also never received any sick whilst off. He is on regular medication for this illness. For him stress is a big trigger to cause this to flair up, he started being sick last night and I believe he will need hospital treatment within the next few days. He has antiemetics but when he's being sick he can't even keep water down!

w00519772

Sarah69 wrote: »

My so nice hasn't been given any notice about this, he just went in for a meeting on Friday and was just told don't come back in the New Year.

I've been looking through some of his things from work namely disaplinary and procedures. 1) a verbal warning 2) a written warning and 3) dismissal. Steps 1 and 2 seem to be missing! I can't believe that this can be allowed to happen. He has also never received any sick whilst off. He is on regular medication for this illness. For him stress is a big trigger to cause this to flair up, he started being sick last night and I believe he will need hospital treatment within the next few days. He has antiemetics but when he's being sick he can't even keep water down!

Please see this link here: https://www.gov.uk/dismissal/overview. It appears that you get the employment rights you refer to (verbal warning, written warning etc) once you have completed two years service.

With regards to the sick leave; the details should be in the contract of employment, which your son will of agreed to when he signed it. Perhaps it says he is entitled to nothing? I would ask him to check it.

I am no expert.

General_Grant

w00519772 wrote: »

Please see this link here: https://www.gov.uk/dismissal/overview. It appears that you get the employment rights you refer to (verbal warning, written warning etc) once you have completed two years service.

With regards to the sick leave; the details should be in the contract of employment, which your son will of agreed to when he signed it. Perhaps it says he is entitled to nothing? I would ask him to check it.

I am no expert.

Though it is probable that there is no entitlement to company sick pay, he would almost certainly have been entitled to statutory sick pay (not that that is a lot of money) depending on the length of each period of absence (first 3 days don't count to be paid unless linked to a previous period).

There is no need for the OP's son to have signed anything, though he may have. The company were, however, required by law to have provided either information about sick pay directly or advised where it could be found.

Undervalued

Sarah69 wrote: »

My so nice hasn't been given any notice about this, he just went in for a meeting on Friday and was just told don't come back in the New Year.

I've been looking through some of his things from work namely disaplinary and procedures. 1) a verbal warning 2) a written warning and 3) dismissal. Steps 1 and 2 seem to be missing! I can't believe that this can be allowed to happen. He has also never received any sick whilst off. He is on regular medication for this illness. For him stress is a big trigger to cause this to flair up, he started being sick last night and I believe he will need hospital treatment within the next few days. He has antiemetics but when he's being sick he can't even keep water down!

Much as I sympathise with your son's position I fear there is little or nothing he can do.

As I explained earlier, even if he has a hard and fast contractual entitlement to a formal procedure (which is unlikely) all he would get from making such a claim is a few days pay to compensate for how ever long it would have taken them to do it properly. That would be a wrongful dismissal claim for which there is no two year qualifying period.

Unless his illness is classed as a disability (and my brief research suggests it is not) then he cannot bring an unfair dismissal claim without two years service.