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Can they sack me?

2

Comments

  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    kfurfie05 wrote: »
    I mean I'd hardly call a bad concussion slack, but thanks anyway :rotfl:

    Look at it from their perspective, you've been absent from work approximately 20% of the time you've worked for them.
  • Barny1979 wrote: »
    Look at it from their perspective, you've been absent from work approximately 20% of the time you've worked for them.

    No, I get it, that's why I'm here if I'm honest. I understand it from their perspective, but I wanted to know my legal stance. It's just upsetting because it's been hell the past 5 weeks, and the thought of losing a job I really love sucks. Especially when none of this was my fault.

    But I guess life isn't fair! :T
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    kfurfie05 wrote: »
    No, I get it, that's why I'm here if I'm honest. I understand it from their perspective, but I wanted to know my legal stance. It's just upsetting because it's been hell the past 5 weeks, and the thought of losing a job I really love sucks. Especially when none of this was my fault.

    But I guess life isn't fair! :T

    Have you raised your concerns to your manager?
  • Barny1979 wrote: »
    Have you raised your concerns to your manager?

    The issue is my manager is employed by a separate company. Any absence issues are dealt with the agency/recruitment who work within the building. I could raise it to her, but I feel like her answer may well be that if I'm too sick to come in then I'm too sick either way, regardless of whether I get kept on or not. Which makes sense.
  • Savvy_Sue
    Savvy_Sue Posts: 47,477 Forumite
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    kfurfie05 wrote: »
    Especially when none of this was my fault.
    doesn't help with the employment question, but worth asking: I presume this was properly reported to the gym at the time, and that you have considered making a claim against their insurance? It won't be a quick settlement but worth initiating IMO.
    Signature removed for peace of mind
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Fact is you are not fit for work.
    As an agency worker its unlikely you will get much in the way of amended duties/accommodation in my opinion.
    I would speak to the agency and say you like the role and are gutted this has happened. Keep them up to date on your health and when you can return
  • Savvy_Sue wrote: »
    doesn't help with the employment question, but worth asking: I presume this was properly reported to the gym at the time, and that you have considered making a claim against their insurance? It won't be a quick settlement but worth initiating IMO.

    Thanks Sue, I currently have a claim against them through my solicitor. Fingers crossed it goes in my favour. I've lost a lot of wages.
  • kfurfie05 wrote: »
    No, it happened at the gym.
    The short answer is yes, they can bin you if they wanted to - it's unlikely that this will happen when you're off ill though unless you don't keep in regular contact or fail to follow the sickness and absence policy.
    I'm assuming with you being agency that you don't have any contracted hours so even if you do return to work, despite the Company not dismissing you, they may choose to just not offer any hours.

    I'd strongly suggest meeting with your manager or agency and explain your circumstances with the best intentions.
  • kfurfie05 wrote: »
    No, I get it, that's why I'm here if I'm honest. I understand it from their perspective, but I wanted to know my legal stance. It's just upsetting because it's been hell the past 5 weeks, and the thought of losing a job I really love sucks. Especially when none of this was my fault.

    But I guess life isn't fair! :T

    As has been said, the "legal stance" is that they can terminate your employment just by giving notice.
    "None of this was my fault " ........ "life isn't fair"

    True and I sympathise. However it wan't your employer's fault either and paying you for a lengthy period of no work (even at SSP rates) arguably isn't fair on them.

    If you do have a valid personal injury claim then any damages should reflect any losses the injury has caused you. Obviously if you do lose your job as a result of the accident then that increases your losses and likely compensation. Sadly that won't be immediate.
  • Mrs_Ryan
    Mrs_Ryan Posts: 11,834 Forumite
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    Barny1979 wrote: »
    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

    Not necessarily. I started a job in July, end of August I was signed off as I was extremely mentally unwell. I was off sick 6 weeks, I still have my job...
    *The RK and FF fan club* #Family*Don’t Be Bitter- Glitter!* #LotsOfLove ‘Darling you’re my blood, you have my heartbeat’ Dad 20.02.20
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