Can i be sacked??

bikeit

I was taken to hospital from work last August in a lot of pain and after scans it was confirmed than i had a hernia i was operated on a few weeks later, was off work for 3 months, on my return to work i was on light duties for a few weeks, after that i was back doing my normal job, but from the operation i have been in a lot of pain resulting on me being taken into hospital two weeks ago i spent three days as the doctors where tying to see what was causing the pain, so now it looks like i need another operation, so can my employer sack me when im off on the sick and giving him sick notes from the doctor?

ohreally

Potentially, yes on grounds of capability.

agrinnall

How long have you worked there? If less than 2 years they can sack you easily, longer than that they should go through formal processes, but it is still likely that they can decide to sack you in the end as ohreally says.

bikeit

I have been employed there 17 years. Maybe time to see a solicitor.

ohreally

I'd suggest occupational health before a solicitor.

What you you expect from a solicitor?

ReadingTim

Not sure a solicitor will tell you anything different. Ultimately, if you can't do your job any longer (ie can only do light duties) then you can be dismissed for reasons of capability.

Legal advice/representation can only ensure that the company's sickness & capability policy is followed properly (or a possible legal claim if not), but won't effect the overall outcome - that you will no longer have that job.

If you can no longer do the job, they have every right to get rid of you.

bikeit

The company does not have OT or is that someone the company takes in. To be honest I'm not sure what I'm expecting from a solicitor. I really don't know where to turn.

custardy

bikeit wrote: »

I have been employed there 17 years. Maybe time to see a solicitor.

I would suggest you read your companys sick policy first!

tizerbelle

There is nothing you can do at present other than ensuring that you follow your employer's sickness procedure, submit fit notes promptly and keep them informed of your progress and expected return to fitness / work.

If you are likely to be off for more than 4 weeks, you can ask your Dr to refer you to the Fit for Work service, this is free for you and your employers and is essentially OH-Lite but if it shows you are trying to get back to work and willing to engage with your employer it could go in your favour.

matttye

Has your employer said anything which makes you think you’re going to be sacked or is this an entirely speculative question?

If the latter, don’t waste any time or money in speaking to a solicitor until something actually develops. At the moment you have no legal problem to talk to them about!