sacked while off sick from work, can they do this

w.dws

1st to claim for disability discrimination I think you would need to be registered as disabled and have declared your disabilities to your employer also I think disabitily discrimination act only applies to companies with 20+ employees, plus you were not sacked for being disabled but for not being at work.

w.dws

Also not sure how your doctor can declare you fit to return to work on 5th Feb whilst writing you a sick note on 22nd Jan surely this note expires on 5th Feb then on 4th feb you'd be back to the doctor for another extension. The problem is doctors give out sick notes too freely to clear their waiting rooms and employers just don't believe them because a large amount of them are just fabrications

dmg24

w.dws wrote: »

1st to claim for disability discrimination I think you would need to be registered as disabled and have declared your disabilities to your employer also I think disabitily discrimination act only applies to companies with 20+ employees, plus you were not sacked for being disabled but for not being at work.

You do not need to be registered as disabled, but your employer does need to be aware of your health condition (though you do not need to state that you see yourself as disabled).

plus you were not sacked for being disabled but for not being at work

I think that the OP's argument was that he was dismissed for absence due to his disability. This would fall under the unfair dismissal legislation, however a correctly followed procedure resulting in dismissal due to incapability would not.

Edit: The Disability Discrimination Act (Amendment) Regulations 2003 amended the Act to repeal the small business exemption.

Fleago

w.dws wrote: »

1st to claim for disability discrimination I think you would need to be registered as disabled and have declared your disabilities to your employer also I think disabitily discrimination act only applies to companies with 20+ employees, plus you were not sacked for being disabled but for not being at work.

Hi, w.dws,

The DDA did away with registration for disabled people and it applies to all employers now irrespective of how many emplyees they have. (It was orignally 15+, but this was abolished by a later amendment to the original Act). I think you're thinking of the pre-DDA "quota system", which, if I remember correctly, applied to employers of 20+ people.

Also, although OH should have declared their disability if it was going to impact on work, which it has by causing a prolonged absence that the OP may well have anticipated being a possibility, the employer should have carried out proper absence management procedures before dismissing the OP. If this had been done, the disability would have come to light which would have allowed the employer the chance to consider whether accepting prolonged absence to allow recovery was a "reasonable adjustment" for them to make.

That they did not means that although OP was indeed dismissed for not being at work, the OP may have a claim under the DDA because the relevant law means that the employer will have discriminated if they have not carried out the actions that the Act legally requires of them.

Fleago

dmg24

w.dws wrote: »

Also not sure how your doctor can declare you fit to return to work on 5th Feb whilst writing you a sick note on 22nd Jan surely this note expires on 5th Feb then on 4th feb you'd be back to the doctor for another extension. The problem is doctors give out sick notes too freely to clear their waiting rooms and employers just don't believe them because a large amount of them are just fabrications

A GP can give someone a sick note on the mutual understanding that the patient will be returning to work at the end of end. The responsibility is on the patient to return if they are not well enough to return.

If an employee has a note from their GP, it is irrelevant whether the employer believes that the employee. Unless an employer has firm proof that the employee has lied to their GP, they have no right to question the employee's reason for absence.

Fleago

Was typing at the same time as dmg24, but s/he was faster.

dmg24

Fleago,

Has the small business exemption been repealed? I've just had a quick read of the DDA on the opsi website and it is still there? I know that it was under review, but it is still showing?

Didn't mean that to be so many questions!

Found it, it was amended by the Disability Discrimination Act (Amendment) Regulations 2003, so the small business exemption no longer applies.

Fleago

Hi dmg,

Yes, from October 2004 - here's a linky. The size of the enterprise would come in to the consideration of what is a reasonable adjustment for the employer to make, though.

It's quite hard to keep up to date with it all! I had to double check myself as I was doubting myself when I read your post.

kurjam

w.dws wrote: »

Also not sure how your doctor can declare you fit to return to work on 5th Feb whilst writing you a sick note on 22nd Jan surely this note expires on 5th Feb then on 4th feb you'd be back to the doctor for another extension. The problem is doctors give out sick notes too freely to clear their waiting rooms and employers just don't believe them because a large amount of them are just fabrications

um no !! on feb 5th i will be well enough to return to work, he only gave me 2 extra weeks off because i had caught an infection and my ex employer wont allow you to work if you have various illnesses due to working in a food area !!

aouaj04

wrote:

I think i may soon be in the same position, I am new to this site and havent found any other way to post my question. I hope someone can give me some advise.I have been off sick since 2nd Jan , but have had a lot of time off last year due to the same illness and also some parental leave with my daughter being sick.Yesterday I was told there was a problem with my sicknote that the date had been changed as to when i was due back at work, and they are waiting for a report from my doctor.I wasnt aware there was any change as I had been told i would be back to work monday, they have told me it says the 14th feb on the sicknote, I am worried they may be finding ways to sack me due to my abscences. If they do I am worried whilst I am searching for a new job which I am actively already doing would i be entitled to any benefits or money, as it says if sacked due to misconduct it could delay receiving jobseekers allowance, I have worked for the company for 3 years and been in continuous employment for 14 years. I am married but my husband is new to uk so isnt entitled to benefits and also is actively looking for work, and I have a 10year old daughter. I am the only money earner in the house.I am so depressed, i just cant seem to get the answers I need.