Could they fire me due to taking a sick day?

trilon

I am currently 3 months into a new job and just before Xmas I wasn't feeling great during the day, went home after work and was feeling even worse overnight. After nearly fainting at the train station the next morning on the way to work though I decided to go home and called to let them know I wouldn't be going in. I know that my work has a robust absence management procedure, but would they be able to terminate my employment over this? The probation is 6 months and I've been given reason to believe there is a policy of more than 2 days off in the first 6 months and this will trigger an Improvement Notice, but would they be able to terminate my employment over this? It's just that I know it would have looked suspicious anyway being so close to Christmas, but my performance in the role is otherwise fine and I haven't taken any other sick days.

I'm just worried

ohreally

trilon wrote: »

I know that my work has a robust absence management procedure, but would they be able to terminate my employment over this?

Yes.......

p00hsticks

If you;ve been employed for less than two years I'm afraid that they can terminate your employment for any reason or none if they want to - they don't need to justify or explain their decision.

marlot

The bad news is that an employer can terminate your employment at any time in the first two years without giving you a reason. Unless its for a protected characteristic.

The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In particular, when dismissal is on the grounds of ill-health or capability to do the job then consideration should be given as to whether there could be an underlying disability.

I hope you have a sensible employer who looks at the bigger picture.

Masomnia

The longer answer is that you can't bring a claim at an employment tribunal for ordinary unfair dismissal in the first two years of employment. So yes they can.

In practice if they have no other issues with you I think it's very unlikely that they would though!

Masomnia

There is quite a long list of reasons that you can't be dismissed for in the first two years, it's just very unusual that they apply.

xapprenticex

The question has been answered but to add, if you get on well with the manager you should be okay. Just try not to have another day off till your current 2 days fall off after 6 months if you can help it.

But i understand that some people get sick, some dont, or if they do, they still manage, even if slower than usual. One reason why i like the bradford factor, doesnt discriminate and is what it is.

aife

The short answer is they could fire you for any/no reason if they feel like it. However I would think it very unlikely you'd be fired over one day sick.
Why are you asking ? Has someone said something to you ? Does no one there ever go off sick ?

ohreally

xapprenticex wrote: »

One reason why i like the bradford factor, doesnt discriminate and is what it is.

It discriminates, its a blunt tool that doesn't allow for disability related absence.

"The first issue with the Bradford Factor is that it does not make allowances for disability related absence. The British Disability Discrimination Act 1995 and 2005 (DDA), (replaced by the Equality Act 2010) creates a duty on employers to tailor their actions to the individual circumstances of disabled employees."

http://hrnews.co.uk/everything-wanted-know-bradford-factor/

Thankfully, no employers I deal with use this tool anymore.

JustAnotherSaver

Maybe next time go to work & look like death and get sent home rather than calling in.

I've done that before. Rather be sent home than not call in. At least that way they can see you look like you're about to die.

Some times it doesn't work and you just spend the day sat there on the toilet but oh well, at least you turned in

JustAnotherSaver

ohreally wrote: »

Thankfully, no employers I deal with use this tool anymore.

I know you don't deal with my sisters employer but they use this Bradford thingy. It was the first time i'd ever heard of it when she came home with this notice about it.

Sounded like a terrible system to me. Much better ways to deal with things i thought.