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Can they sack me?

kfurfie05
Posts: 35 Forumite
I'm currently working for an agency (started in June) that had a 3 month probation period. It's in a call centre and I love it. I love the job, I love who I work with and generally just love coming into work.
So when I got a bad concussion 5 weeks ago, I was signed off work because obviously working with computers is not the best for recovering. I've kept as active as possible (I've been told to rest and sleep as much as I can), but I have been around the house cleaning, keeping moving to keep me from going stir crazy, as I'm very active and I'm used to going to the gym at least 5 times a week.
The problem now is that I'm getting severe lower back and pelvic pain. It is agony to sit. I don't know if it's delayed whiplash from when I got concussion. I've been doing yoga, stretching, sitting in different positions, but nothing works. I was given a codeine based pain killer for the pain, which triggers my headaches again. I have another doctors appointment tomorrow and I'm worried he will give me another sick note, but I was hoping to return to work on Friday.
The question is, do they have grounds to terminate my contract? I'm a hard worker, and have been on two occasions already been encouraged to interview for promotional positions and they know I want to make it my long term job, but I'm worried.
*Edit: They haven't said they will terminate my contract, but I am just concerned.
So when I got a bad concussion 5 weeks ago, I was signed off work because obviously working with computers is not the best for recovering. I've kept as active as possible (I've been told to rest and sleep as much as I can), but I have been around the house cleaning, keeping moving to keep me from going stir crazy, as I'm very active and I'm used to going to the gym at least 5 times a week.
The problem now is that I'm getting severe lower back and pelvic pain. It is agony to sit. I don't know if it's delayed whiplash from when I got concussion. I've been doing yoga, stretching, sitting in different positions, but nothing works. I was given a codeine based pain killer for the pain, which triggers my headaches again. I have another doctors appointment tomorrow and I'm worried he will give me another sick note, but I was hoping to return to work on Friday.
The question is, do they have grounds to terminate my contract? I'm a hard worker, and have been on two occasions already been encouraged to interview for promotional positions and they know I want to make it my long term job, but I'm worried.
*Edit: They haven't said they will terminate my contract, but I am just concerned.
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Comments
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Unfortunately I think the answer is yes.
With less than two years service they can let you go without needing a reason unless it goes against the discrimination laws.0 -
If it had been a problem, it would have come up sooner, stop worrying you like it, are liked and can do the job, plus being in a call centre doesn't mean you are lone wolf so you can miss some days to take care of you x0
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I'm currently working for an agency (started in June) that had a 3 month probation period. It's in a call centre and I love it. I love the job, I love who I work with and generally just love coming into work.
So when I got a bad concussion 5 weeks ago, I was signed off work because obviously working with computers is not the best for recovering. I've kept as active as possible (I've been told to rest and sleep as much as I can), but I have been around the house cleaning, keeping moving to keep me from going stir crazy, as I'm very active and I'm used to going to the gym at least 5 times a week.
The problem now is that I'm getting severe lower back and pelvic pain. It is agony to sit. I don't know if it's delayed whiplash from when I got concussion. I've been doing yoga, stretching, sitting in different positions, but nothing works. I was given a codeine based pain killer for the pain, which triggers my headaches again. I have another doctors appointment tomorrow and I'm worried he will give me another sick note, but I was hoping to return to work on Friday.
The question is, do they have grounds to terminate my contract? I'm a hard worker, and have been on two occasions already been encouraged to interview for promotional positions and they know I want to make it my long term job, but I'm worried.
*Edit: They haven't said they will terminate my contract, but I am just concerned.0 -
Jamtastic87 wrote: »Did the accident happen at work?
No, it happened at the gym.0 -
Deleted%20User wrote: »If it had been a problem, it would have come up sooner, stop worrying you like it, are liked and can do the job, plus being in a call centre doesn't mean you are lone wolf so you can miss some days to take care of you x
Some employers won't terminate a contract whilst the employee is still off sick but may do so when notice is given of returning to work and it sounds like OP has been off sick for 5 weeks already only having started the job in June. A number of places I have worked would not be keeping someone on with that record.
However, it is easy to say either ''be prepared' or 'don't worry it will be fine' , none of us can guess how the employer here will react, we don't even know the terms of the Op's contract so can't reassure either way. There is also the possibility , admittedly unlikely , that someone has noted the OP going to the gym and otherwise being active while off sick, and it has been misreported back to the employer. Again none of us can know how the employer will react .
Obviously OP needs to take the advice of their own GP or consultant but also stay in touch with occupational health at work, perhaps see if a phased return to work on other duties may be possible if this fits with medical advice. However, personally I would think if OP is likely to be unable to return to the job in the near future that they might want to seriously consider having a plan B for the future in case the emplyer does not keep the job open for them.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
Some employers won't terminate a contract whilst the employee is still off sick but may do so when notice is given of returning to work and it sounds like OP has been off sick for 5 weeks already only having started the job in June. A number of places I have worked would not be keeping someone on with that record.
However, it is easy to say either ''be prepared' or 'don't worry it will be fine' , none of us can guess how the employer here will react, we don't even know the terms of the Op's contract so can't reassure either way. There is also the possibility , admittedly unlikely , that someone has noted the OP going to the gym and otherwise being active while off sick, and it has been misreported back to the employer. Again none of us can know how the employer will react .
Obviously OP needs to take the advice of their own GP or consultant but also stay in touch with occupational health at work, perhaps see if a phased return to work on other duties may be possible if this fits with medical advice. However, personally I would think if OP is likely to be unable to return to the job in the near future that they might want to seriously consider having a plan B for the future in case the emplyer does not keep the job open for them.
Hi,
Thanks for your reply.
I wasn't clear, I haven't been to the gym since being off work. It was the gym that caused the concussion, and by staying active I meant not sitting/lying down constantly. I pointed it out to eliminate that the pain was due to be inactive, if that makes sense?
Thank you for your advice, I'll try and get a plan B in place. I'll see what my doctor recommends tomorrow and follow his advice on what is best for my health.
I'm hoping he'll advise to go back. Only get SSP does not help either!
Thanks again.0 -
Hi,
Thanks for your reply.
I wasn't clear, I haven't been to the gym since being off work. It was the gym that caused the concussion, and by staying active I meant not sitting/lying down constantly. I pointed it out to eliminate that the pain was due to be inactive, if that makes sense?
Thank you for your advice, I'll try and get a plan B in place. I'll see what my doctor recommends tomorrow and follow his advice on what is best for my health.
I'm hoping he'll advise to go back. Only get SSP does not help either!
Thanks again.
Despite the name the cost of SSP is met by the employer. The days when they could claim it back from the government are long gone. Sadly that can make employers take an ever tighter line regarding sick pay.
So I am afraid the answer to your original question is yes they could sack you, just by giving you one week's notice (or more if your contract so specifies). That doesn't mean they will, many employers take a far more generous line than the law requires. Nobody here can tell you for certain what will happen.0 -
Deleted%20User wrote: »so you can miss some days to take care of you x
6 months employment and over a month's absence, there's slack and there's this. I think it all depends what if anything the OP is getting in sick pay, if it's full amount, greater chance of termination I'd say.
Edit: just seen SSP so think they may retain him if they are as good an employer as they state0 -
6 months employment and over a month's absence, there's slack and there's this. I think it all depends what if anything the OP is getting in sick pay, if it's full amount, greater chance of termination I'd say.
Edit: just seen SSP so think they may retain him if they are as good an employer as they state
I mean I'd hardly call a bad concussion slack, but thanks anyway :rotfl:0 -
If you are in an entry-level position then there's a fair chance that the call centre suffers from high turnover and staff retention issues. In that respect, assuming you are a good worker I would not rule out the possibility of them re-hiring you at a later date if they do indeed sack you over this (which is the worst-case scenario and not necessarily going to happen).
Also, could you not discuss the possibility of returning to work with "reasonable adjustments" being proposed? Your GP can issue a fit note stating "may be fit for work taking into account the following advice" (see: here) if they deem it to be an option. Call centres usually have certain specialised equipment available for lower back support etc and there may be options to explore in terms of that. But if it is severe then maybe not, but worth having a think. Of course, the employer may not be able to accommodate these adjustments at which point it would revert to a normal fit note. Just be sure to work with your employer on this topic and speak to your GP about the implications of the above etc.
I think the reasonable adjustments is definitely a good idea, thank you. Even if I take on some reduced hours I think it would help.
Thank you!0
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