Employment Law Scotland

stormbreaker

A friend completed a 3 yr apprenticeship.

Following the apprenticeship the company do not automatically employ them but instead they let them go for a week or so then take them on, on a new contract. They apparently do this all the time providing the apprenticeship has been completed satisfactorily.

My friend has been signed off with depression for around 6 weeks.

Last week he was called in for a 9 month review and told that they would need to let him go.

Can they do this whilst he is signed off sick?

TIA

Undervalued

stormbreaker wrote: »

A friend completed a 3 yr apprenticeship.

Following the apprenticeship the company do not automatically employ them but instead they let them go for a week or so then take them on, on a new contract. They apparently do this all the time providing the apprenticeship has been completed satisfactorily.

My friend has been signed off with depression for around 6 weeks.

Last week he was called in for a 9 month review and told that they would need to let him go.

Can they do this whilst he is signed off sick?

TIA

Broadly yes.

If he had been employed for more than two years he would have had some protection against unfair dismissal. However, even then it can still be perfectly lawful to dismiss somebody for excessive sickness absence providing they follow proper procedure. Some companies do have very tight sickness policies indeed, again that can be perfectly lawful if it is applied consistently.

If he can claim that he has in fact been employed for more than two years (and the so called one week gap was unlawful) then he may have a valid unfair dismissal claim if no proper procedure has been followed. Without two years service he has no claim at all.

Either way he is entitled to statutory notice (or whatever his contract specifies if that is greater) and any accrued but untaken holiday.

Undervalued

Just to add...

Statutory notice is one week during the first year. After that it is one week for each complete year of service so, if he could establish that his employment was continuous he would be entitled to a minimum of three weeks pay (or more depending on his contract).

stormbreaker

Thank you for your time and answers. Sadly given his present state of mind I don't think he will be overly interested in his money entitlements. As it is, I think if we thought he would have any kind of recourse to keep his job others would need to do the fighting for him.