sacked while off sick from work, can they do this

kurjam

After being on incapacity benefit for years, i got myself a job 16hours a week this was in october.
unfortunatly in december i was taken ill with the same problem that i had when on incapacity benefit.
i sent sick notes into the employer and yesterday i sent my last one as i was declared fit to go back on feb 5th.
today via email i got a message, the job is no longer available to me, good luck in all you do...
can they do this to me ??
i am devistated, it was not the best job but still it was a j!!!

jasper27

Hi Kurjam
I'm sorry to hear about your situation...that sounds appalling!

This is something I'm worried about too.

I have a full time job, but also work 16hrs part time. I have been there just over 3 months but have had 2 days off. I am unwell at the moment but still working and have a doctors appointment this week, I am expecting to be told to have a few days off, if not more, but was told in confidence by a colleague that if I have anymore time off I will more than likely be sacked, as they 'need to cut down on hours' !!

Can they do this?

kurjam

i did not think they could do this.
i have got to get a job now as my little ones go to a nursery and i need 16hrs a week to get childcare help.
i am absolutly fed up !!

whatamess_2

Are you still on your probationary period?

If so you will probably find there is a clause that allows them to dispense with your services.

Ewarwoowar2

Have a look here:

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

You have no right to claim unfair dismissal unless you have 12 months’ service unless your are dismissed for reason of being one of the protected classes of employees: trade union rep, pregnant, etc .

If you are disabled for the purposes of the Disability Discrimination Act you do have protection. From the information you’ve provided, it sounds like you were discriminated against, as long as you are disabled.

Have a look at the link to assess your rights, discuss with your GP whether you are disabled, then call ACAS helpline (08457 47 47 47) to discuss your rights and how to proceed.

kurjam

Ewarwoowar2 wrote: »

Have a look here:

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

You have no right to claim unfair dismissal unless you have 12 months’ service unless your are dismissed for reason of being one of the protected classes of employees: trade union rep, pregnant, etc .

If you are disabled for the purposes of the Disability Discrimination Act you do have protection. From the information you’ve provided, it sounds like you were discriminated against, as long as you are disabled.

Have a look at the link to assess your rights, discuss with your GP whether you are disabled, then call ACAS helpline (08457 47 47 47) to discuss your rights and how to proceed.

should i write to them and tell them they have discriminated against me for being disabled, or should i just leave it...??
i cont want them to take me back out of sympathy and not sure i want to work for them when they being like this....
if i complain what will happen?
thanks

LittleVoice

Hi kurjam

Are you disabled? (I'm not sure that all those who have received Incapacity Benefit in the past are necessarily counted as disabled now - that's admitting my ignorance, not questioning the fact as such.)

Did you tell your employer you had a disability?

LV

Fleago

Hi Kurjam,

You need to follow the link Ewarwooar gave you or this one, which is a link from the link he/she gave you and which outlines what constitutes a disability according to the Act and gives further links to help you work out whether you would have the protection of the DDA. Then, as they said, talk to your GP to see if they agree you are disabled and then contact ACAS who will guide you.

Ewarwooar's advice is sound and the best way for you to proceed. You need proper advice and guidance on how to challenge your employer's decision and shouldn't approach it by just sending them a letter you've written without proper advice on what to say.

It's important that you find out if you are disabled for the purposes of the Act because, as LV says, being on Incapacity Benefit would not always mean that a person met the criteria for protection under the Act.

LV also makes a fair point, did you tell your employer about your disability/health problems before you started because if you didn't then they could not have been expected to know that you might need extra consideration or adjustments made for you.

Fleago

kurjam

checked the web page and yes i am classed as disabled and protected.
have tried to contact employer but they just ignoring me, sent them an email as thats how they sacked me by email..
got an appointment next week at job centre so will also see what they say, maybe they might have some advice !!

kurjam

whatamess wrote: »

Are you still on your probationary period?

If so you will probably find there is a clause that allows them to dispense with your services.

i was never told i was on a probationary period and i have never signed a contract or anything.
i never got a proper interview just a chat and that was it....

31M

This happened to me - I had taken too many "sick days" off and they sacked me.

Their excuse was "I cannot question your sickness but I can question your ability to attend work" which is ridiculous considering that the REASON I could not attend work was SOLELY BECAUSE of sickness. Its stupid isn't it!

I even checked the national average for absenteeism and I was below the UK average, but they still sacked me, it was a hell hole that place.