Home ill for 2 weeks could be fired from job!!

Doom_and_Gloom

As some of you know I have been off ill from college and work since the 1st of this month. I have got a doctors sign off certificate as proof for work more than anything.

My employer phoned my MOTHER the other day and told her that I have been given 1 week notice due to me being ill and not working. My ma told him that this was a GENUINE illness and have had to be signed off from doctor as he said with no hesitation that I would collapse if I went in and that really and truely am in too much pain to walk up stairs. She also said that our family as a whole do not like letting anyone down which is very true aswell as the fact I don't like to take the time off (trying to catch up on 2 weeks of college is going to take me about a week extra so not exactly my idea of fun). He took that on board and said that I have to come in on Monday or the one week notice starts and even if I go back on the Monday my situation is going to be reviewed, which could mean I could still lose my job!!

When my ma told me this I was crying for ages. I know it's just a job but it took me 2 years to get this job, it goes well with my college hours and is only 2 hours a day Monday to Friday aswell as being a good wage (£6.25 is nearly unheard of for a part-timer, at college and only 18).

I have worked hard since my first day, the machine we use to clean broke down for a few days and we (my co-worker and I) had to clean the whole factory floor with mops :eek: , and the walk back home is a hour as it is so they can not say I'm not motivated. I got there early every day and was even half an hour early for my interveiw. I started on the 28th of August this year and my probationary (sp?) period was said to be either 2 or 3 weeks but on my contract says one month. I worked out that on a 4 week month rule that most people go by that I worked 1 month 1 day so did this period.

I know that my contract states that they have to give me 2 weeks notice to fire me. As it is in the contract if they did fire me after 1 week would that mean I could get them on breach of contract?

What can I do as I REALLY do not want to lose my job? It's making me feel so aweful and I'm losing some sleep over thinking about it. They day I found out I felt like phoning them up and saying I was going to go in AGAINST the doctors orders and would be there early just to prove a point. Can they really fire me for being ill with a doctors certificate? I do not know my rights on this matter as this is my first proper job. Can someone please help me!!

Thank you in advance.

Potsdamerplatz

Sorry to hear about your troubles.

I recommend that your phone your local Citizens Advice Bureau first thing on Monday morning and explain everything that has happened. They will be able to point you in the right direction. Even part-time workers have employment rights so don't be scared to stand up for yourself against your boss who sounds like the worst kind of bully.

Hope everything works out OK.

lil_me

Please try not to panic, sounds like they are trying to bully you, just been looking up some info for you, the ACAS number is on this aswell who are VERY helpful when it comes to employment law.

http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026692

While you are poorly I would be keeping my eyes open for an alternative job if it was me, I wouldn't want nasty employers like that.

Personally I would say my local CAB would just give the number for ACAS and if you are poorly which means you can't get out and about easily then don't go down there, there is no reason for you to make yourself even more ill because of this bullying, plus could be seen as you are ok to go there so ok to go to work.

Doom_and_Gloom

Thank you so much for your advice. I do believe my friend said about CAB but I have no idea what ACAS is .

I am going back on Monday to college and work as I do feel a bit better (and due to painkillers that mostly work so I can walk without pain now) but I have an added problem of time to sort all this out due to college which I see as more important at this time in my life. I go to college and practically straight away most days I walk to work. I am so stressed right now. The thought that I have to catch up on soo much work at college aswell as the potential of being fired is REALLY stressing me out when I know I shouldn't let it. It makes me not want to work when really I do and I really like doing my job (you can call me weird for likeing cleaning but it relaxes me and has strengthened my back nicely too).

alwaysonthego_2

Unfortunately if you have been with an employer for under a year, you do not have many rights. It could possibly be classed has discrimination, which you would have a case because it doesn't matter how long you have been in a job to claim that. Go to your local CAB for further advice

dmg24

always is correct, you have few rights under one year in service.

Is your health condition one that could be classed as a disability? If so, you could have been discriminated against. If not, the most you can get him on is not giving you sufficient notice, and I imagine that once you reminded him of your contractual rights he will remedy this.

Sorry x

Doom_and_Gloom

dmg24 wrote: »

always is correct, you have few rights under one year in service.

Is your health condition one that could be classed as a disability? If so, you could have been discriminated against. If not, the most you can get him on is not giving you sufficient notice, and I imagine that once you reminded him of your contractual rights he will remedy this.

Sorry x

I doubt it could be classed as a disability. I just do not understand why only two weeks off work with a doctors note could leed me to being fired. I work in a factory cleaning but they deal with food which has strict health codes associated with it. As it was a viral infection it is not good to be around food that is ment for other people (although not as bad as food poisoning I realise). It says on the list of things that the factory will not let you work with that I clean at and it is included. Surely trying to keep to the code of the factory I work at is a good thing as they don't want contaminated food that could destroy their credibility (sp?). The cleaning company that pays me is not linked to the factory in any way except to hire the cleaners for it. If I mentioned this to them would this change their minds do you think?

"People who go to work or school in this condition not only risk spreading the virus to their colleagues, but also run a higher risk of catching a bacterial infection" - http://www.netdoctor.co.uk/health_advice/facts/virusbacteria.htm

CFC

Doom and Gloom, why your employer is thinking this way is because he does not care whether or not your illness is genuine. He cares about somebody being there to work. There is an assumption (and with a lot of employer experience to back it up to be honest) that a younger person may not have a strong work ethic. You may also not have kept him informed regularly of when you would be allowed to return to work. He should not allow you to come to work when you are actually signed off as he is very likely to invalidate his insurance, plus put himself at risk as an employer.

If you have a sick note you should not delay supplying it to your employer until you are well enough to go back to work. Most employers want to see it straight away or as soon as practicable (postal strike at the moment!)

I suggest you go into work to see your boss, take your sicknote and explain that you have not been playing hookey and that it is important to you to keep your job. He may well have a change of heart.

Doom_and_Gloom

I did keep my employer notified regularly of when I would be able to go back to work (about 6 times over 2 weeks and I do not work weekends). I did not go back to work untill the Monday when my doctor said I could go back. I was still a bit weak but was alot better than before. I sent the first doctors certificate over email with the work time sheet it corasponded with (sp?) and plan to do this with the second one uness they ask for it before hand (I do not trust the post, never have, never will, and do not know exactly where their offices are to be honest as I've never been there).
I have heard no more about the potential of being fired since they contacted my ma over a week ago now. I am hoping they are just going to sweep it under the mat and forget about it. However I know now that if they do try to fire me that I can get them done for discrimination and breach of contract (if they try and say one week again) but I would rather keep my job as, as I said I do enjoy it.

LittleVoice

Doom_and_Gloom wrote: »

I did keep my employer notified regularly of when I would be able to go back to work (about 6 times over 2 weeks and I do not work weekends). I did not go back to work untill the Monday when my doctor said I could go back. I was still a bit weak but was alot better than before. I sent the first doctors certificate over email with the work time sheet it corasponded with (sp?) and plan to do this with the second one uness they ask for it before hand (I do not trust the post, never have, never will, and do not know exactly where their offices are to be honest as I've never been there).
I have heard no more about the potential of being fired since they contacted my ma over a week ago now. I am hoping they are just going to sweep it under the mat and forget about it. However I know now that if they do try to fire me that I can get them done for discrimination and breach of contract (if they try and say one week again) but I would rather keep my job as, as I said I do enjoy it.

"Never have, never will" - that's a very definite statement for one so young. But let it pass, maybe experience will reinforce your view but you won't know if you never trust anything to the post.

If you can email them, you can ask for the address.

An emailed doctor's certificate is not the same evidence as the actual piece of paper.

How is it that you now know there would be a discrimination case to answer if you were fired? You have already written that your absence is not because of a disability.

G'Meister

I used to work for an agency employing cleaners to cover shifts all over East London (I was arranging rotas, not cleaning), most people do not enjoy it at all and do it as a last resort; you said you were looking for a job for about 2 years, I doubt you were applying for cleaners jobs for that long.
Be careful not to inhale cleaning chemicals by the way - they contain some very toxic stuff! and can cause all sorts of nasty diseases later in life (at the very least, the 70% increased chances of getting asthma working with sprays containing ammonia would put me off!).

Plus, you spend an hour walking to work, show up early, and do a two hour shift for £12.50 a day? That works out to (I'm presuming it takes an hour to get home too) 4 hours, and arriving early too, so 4 and a quarter say, for £2.78/ph less NI and possibly income tax too.
There's a reason it's mostly immigrants bankrupts and alcoholics doing these jobs (in my experience!).

You're probably wondering what alternative you have, well to make £62.50 a week for over 21 hours input, you should have a read of this:
http://www.moneysavingexpert.com/protect/make-money
(21 hours doing Avon would make at least double that, even in a really awful area, btw)