sacked while off sick from work, can they do this

Googlewhacker

Becles wrote: »

I would think that after 2½ years with no further posts, the OP has moved on!

Quite lol! Would be interesting to know what happened, I suspect the OP didn't pursue it in the end after realising she was incapable of doing the job.

Alba08

dmg24 wrote: »

No, it won't. Sadly business does not work like that. Think about what you want for your future, not how this affects anybody else.

Be aware that before you can take them to Tribunal, you need to exhaust the companies grievance and/ or appeals process. In the great majority of cases, the company will take this opportunity to implement the dismissal process correctly, and the result for you will still be exactly the same, but more hassle and bad feeling.

Please take professional advice before taking further action against the company, 'unfair dismissal' is not as black and white as it may seem x

Did the person have a written agreement of T+Cs of employment, Grievance etc - NO
Did you inform the employer of your alledged disability, probably not.
Most employers employ with a min 3mth probationary period, they went off sick within that then BYE BYE.
Where you forced into work by DWP, because if disabilty was genuine then there would be additional state add ons for people who return to work with a disability, was this granted.
Did you discuss the type of work with a Disability Benefits Adviser, probably not.
All these things would count when considering an ET, regardless of your condition or how employer went about getting you out. People think ET is the answer, just remember this, if you lose, you CAN and in most cases WILL be liable for costs. Also telling porkies can get you nicked for perjury. Remember the employer is also allowed to protect itself, and since you havent worked for 16yrs I dont imagine you are looking at this from the EMPLOYERS point of view. How would you like to have a business struggle because people are constantly off sick.
Extra point, you say ythe offer of a new position is subject to a contract being won. Lets say they win it, then you go off sick again, you cant appreciate the effect that would have. People dont just tender for contract without workinkg on profit margins, and SSP affects that profit, which in turn affects other peoples jobs.
And as I always say, If Steven Hawkings can work, then maybe you need to look at yourself.