Dismissed after handing in sick note

MalMonroe

sharp910sh said:

Undervalued said:

Savvy_Sue said:

TELLIT01 said:

You have little in the way of direct employment protection with less than 2 years service, but you may have a claim against the company for an injury at work.  That would depend on whether the company had been negligent in some way which led to the accident.

Although the OP also needs to ask whether they were (also) negligent in some way. 

Indeed.

Plus, as I read the OP, nowhere does he actually say the accident (if there was one) happened at work.

"I worked as a temp at a major supermarket recently and injured myself whilst on the job."

Clearly the accident happened at work, I would get legal advice about the accident at work they have a duty of care in regards to health and safety of yourself whilst at work carrying out your duties.

Hear hear!

Thrugelmir

HendrikSavoo said:

Although the terms and conditions of my temp contract stated that I could be let go "if the business doesnt need me", I am still angry and suspicious that such a layoff occurred immediately after handing in a sicknote which, at that time, only stated I would be off for 1 more week.

Which obviously wasn't the case. ................

Ever since the lay off (over a month now), I have been unable to walk, totally dependent on crutches (also crawling around the house on all fours and kneeling in the shower), and awaiting an MRI Scan.

When are you likely to be fit to perform duties of a similar nature again? 

JReacher1

Ozzuk said:

Comms69 said:

AW618 said:

oh_really said:

You may have a significant injury and should consult your GP to consider referral to hospital for an MRI scan. Were you a union memeber?

Ye, the NHS doesn't have much to do at the moment.  

We dont actually. A&E waiting times are the lowest in decades - come on down - we're paying people either way!

Quite, only around 1100 people in hospital today due to covid across UK...

That not very many though if it’s spread over the 1000 plus hospitals we have in the UK

treeroy

Ozzuk said:

Comms69 said:

AW618 said:

oh_really said:

You may have a significant injury and should consult your GP to consider referral to hospital for an MRI scan. Were you a union memeber?

Ye, the NHS doesn't have much to do at the moment.  

We dont actually. A&E waiting times are the lowest in decades - come on down - we're paying people either way!

Quite, only around 1100 people in hospital today due to covid across UK...

Sounds like a lot mate, until you consider that this country has 1,200 hospitals. So that's less than 1 patient in the hospital. 

BUT COVID BAD!!!!1111!!!  NHS FULl!!!11

@OP: get some real legal advice buddy. might get some compensation. google it, there are lots of no-win no-fee companies, i'm sure you can get some free (or cheap) advice.

yksi

I am going to put your injury and the fault etc aside for the moment as you have had other advice on pursuing that part.

As for whether you should be suspicious of being let go "because" you are off sick: no, you should not. I also work for a large chain, probably the same one as you. We had five colleagues brought in as temps for the pandemic rush. Three weeks ago the "unlimited overtime budget" was ended abruptly. Four of the temps have been let go or have left for other jobs already. We can only afford to keep one and she is directly replacing a permanent staffer who has left. So the end result was that zero temps were added as permanent new staff because the staffing budget has returned to pre-Covid levels.

Your employer has not stated that you were let go due to injury but rather because you are no longer needed for the business. That's how it works when you agree to a temporary contract, both you and the employer have the freedom to end it at short notice for no reason at all. As to whether it's fair to both parties that is a whole 'nother discussion.

A_Lert

Employers can dismiss employees - ie a sacking or a non-renewal of a temporary contract, not a redundancy - if the employee can't do their job because they're sick or injured.

But since you say you were injured at work, you may as well make a personal injury claim against your ex-employer if you have not already done so. By sacking you they've given you no incentive to not sue them!

Undervalued

A_Lert said:

Employers can dismiss employees - ie a sacking or a non-renewal of a temporary contract, not a redundancy - if the employee can't do their job because they're sick or injured.

But since you say you were injured at work, you may as well make a personal injury claim against your ex-employer if you have not already done so. By sacking you they've given you no incentive to not sue them!

Indeed.

IF the accident / injury was the employer's fault then the OP may have a valid claim for compensation. The employer is legally obliged to have insurance to cover such liabilities.

If they have meanwhile been dismissed (and despite best efforts haven't found an alternative job) then that may well increase the amount of compensation they receive IF they win their case or reach a settlement.

However even if the accident or injury was the employer's fault that doesn't in any way stop them from being dismissed or make the dismissal unfair if they are unable to do their job. If that wasn't the case then somebody who suffered a life changing injury and could never work again would have to be kept on the payroll until retirement age! It doesn't work like that.