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Is attending a gay event when you are off sick with m.e. grounds for dismissal fair?

I was dismissed by my employer without notification and he has told the employment tribunal that I was dismissed for my conduct which was attending a gay event to watch a parade on one of my good days while sufferng M.E. He says that this is fair dismissal. What do you think?
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Comments

  • Without sounding harsh yes i do think this is fair as you were claiming sick pay but you went out so its pretty fair i would say!
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  • superscaper
    superscaper Posts: 13,369 Forumite
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    I don't think the definition of being off sick is that you can't leave the house, to be fair. M.E. is quite variable day to day and being able to go somewhere to attend an event I don't think affects you in quite the same way as actually working. If as far as a doctor is concerned you aren't capable of working then it shouldn't really matter if you're able to go out once in a while. I'm not sure if the expectation here is that you're bedbound until you're "better" which considering the people I know with M.E. have it affecting them for years seems an unreasonable expectation.
    "She is quite the oddball. Did you notice how she didn't even get excited when she saw this original ZX-81?"
    Moss
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    It depends on how the ME affected you. If you were incapable of attending work due to, for instance, problems with walking, then it is difficult to claim that you were sick yet (standing?) watching a parade.

    Irrespective of why you were dismissed, the employer should have followed their disciplinary procedure (and the statutory requirements relating to this). Did this happen?
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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I don't think the definition of being off sick is that you can't leave the house, to be fair. M.E. is quite variable day to day and being able to go somewhere to attend an event I don't think affects you in quite the same way as actually working.

    Surely it depends on the job, and what the OP was doing at the event?

    Suppose it is a very vague question? x
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  • withabix
    withabix Posts: 9,508 Forumite
    If you were having a 'one of your good days' , then why didn't you go to work?

    As you say it's gone to an employment tribunal, then you will find out soon if it was deemed to be fair or not.
    British Ex-pat in British Columbia!
  • superscaper
    superscaper Posts: 13,369 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    dmg24 wrote: »
    Surely it depends on the job, and what the OP was doing at the event?

    Suppose it is a very vague question? x

    Absolutely. Not much of a defence if the OP's job involves going to/organising parades. :D

    But it all depends, simply attending a parade also doesn't necessarily mean you're completely physically healthy. I doubt a lot of the chelsea pensioners would cope with a day's work even though they attend remembrance day etc (esp. the ones wheelchair bound and quite fragile).
    "She is quite the oddball. Did you notice how she didn't even get excited when she saw this original ZX-81?"
    Moss
  • LuciferTDark
    LuciferTDark Posts: 1,525 Forumite
    Out & about having a jolly while off sick to me would be grounds for dismissal.
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  • chuckles1066
    chuckles1066 Posts: 2,670 Forumite
    dmg24 wrote: »
    Surely it depends on the job, and what the OP was doing at the event?

    Yes, I was going to ask exactly WHAT the OP was doing at such an event?

    I wonder why he/she felt the need to include the word "gay"?

    Not looking at an inflated unfair dismissal compensation payout on the grounds of belonging to a minority group I hope..........?
    You'll always miss 100% of the shots you don't take - Wayne Gretzky

    Any advice that you receive from me is worth exactly what you paid for it. Not a penny more or a penny less.
  • chuckles1066
    chuckles1066 Posts: 2,670 Forumite
    But it all depends, simply attending a parade also doesn't necessarily mean you're completely physically healthy. I doubt a lot of the chelsea pensioners would cope with a day's work even though they attend remembrance day etc (esp. the ones wheelchair bound and quite fragile).

    That's an obscene analogy and I trust you'll withdraw it.

    Chelsea pensioners, by definition, are deemed by the State as being too old to work.........and besides which, they've done their bit for Queen and country.

    Don't cheapen their existence by comparing them to otherwise healthy and able younger individuals choosing to attend a Gay Pride march.
    You'll always miss 100% of the shots you don't take - Wayne Gretzky

    Any advice that you receive from me is worth exactly what you paid for it. Not a penny more or a penny less.
  • Sue for discrimination!

    No, don't do that. But without knowing the ins and outs of your illness, I don't think many could comment on the "rights" and "wrongs". An uncle of mine has ME, but he doesn't work, and is on disability.
    "Beautiful young people are accidents of nature, But beautiful old people are works of art."
    -- Eleanor Roosevelt
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