Can you be sacked while on the sick

Ms-Money-Penny

My daughter has been employed in a Call centre and being paid by an agency for the last six months. She informed them of her medical condition at the start and has had a day off sick per month since starting. her six month contract ended on the 10th of March and the contract was extended a month as her team leader was on bereavement leave. Unfortunately my daughter broke her foot last weekend and has been signed off sick for the next four weeks. The agency kept ringing on behalf of the company she worked for asking why she couldn't work, well she can't drive for a start with her foot in plaster. At 5pm last thursday they rang and told her she was sacked they were terminating her contract. I was always under the impression if you were covered by a doctors note that you couldn't be sacked. Obviously we've been unable to get any advice due to the Easter break so we've got to wait until Citizins advice opens, but i was hoping somebody on this forum may know more.

Thanks

chuckles1066

Less than a year's service and nobody has any protection under current legislation anyway.

So she has to walk I'm afraid.............unless she's a member of a minority group?

jobbingmusician

It doesn't sound as if being in a minority group would help, in this instance. It sounds as if your daughter was working for the agency rather than the firm, if she was paid by the agency. Is this right?

Otherwise, if the contract is actually with the firm, look at her contract - if it states that she is covered by the firm's disciplinary policy, then this is what they have to follow, and this would normally mean that your daughter would have to go through several stages before being sacked. You could in this case take the employer to tribunal for breach of contract.

Yes, you can be sacked whilst off sick - but firms have to follow their own disciplinary policy. If you are employed by an agency as a temporary worker, you have very few rights.....:rolleyes:

mymatebob

Ms-Money-Penny wrote: »

My daughter has been employed in a Call centre and being paid by an agency for the last six months. She informed them of her medical condition at the start and has had a day off sick per month since starting. her six month contract ended on the 10th of March and the contract was extended a month as her team leader was on bereavement leave. Unfortunately my daughter broke her foot last weekend and has been signed off sick for the next four weeks. The agency kept ringing on behalf of the company she worked for asking why she couldn't work, well she can't drive for a start with her foot in plaster. At 5pm last thursday they rang and told her she was sacked they were terminating her contract. I was always under the impression if you were covered by a doctors note that you couldn't be sacked. Obviously we've been unable to get any advice due to the Easter break so we've got to wait until Citizins advice opens, but i was hoping somebody on this forum may know more.

Thanks

I assume driving wasnt part of her job, therefore the company might have argued that she could come to work as she was not technically "unfit" for work.

I fear as others before me have said - she is on a loser with this one.

LittleVoice

Ms-Money-Penny wrote: »

My daughter has been employed in a Call centre and being paid by an agency for the last six months. She informed them of her medical condition at the start and has had a day off sick per month since starting. her six month contract ended on the 10th of March and the contract was extended a month as her team leader was on bereavement leave. Unfortunately my daughter broke her foot last weekend and has been signed off sick for the next four weeks. The agency kept ringing on behalf of the company she worked for asking why she couldn't work, well she can't drive for a start with her foot in plaster. At 5pm last thursday they rang and told her she was sacked they were terminating her contract. I was always under the impression if you were covered by a doctors note that you couldn't be sacked. Obviously we've been unable to get any advice due to the Easter break so we've got to wait until Citizins advice opens, but i was hoping somebody on this forum may know more.

Thanks

She ought to have been able to claim Statutory Sick Pay. Did she send in her sick note to the agency? If she had done so, why would they have been phoning about why she couldn't work?

tigtag02

LittleVoice wrote: »

She ought to have been able to claim Statutory Sick Pay. Did she send in her sick note to the agency? If she had done so, why would they have been phoning about why she couldn't work?

She wont be able to claim SSP through the agency as her contract of employment has expired:

Box B on the SSP1 form

LittleVoice

tigtag02 wrote: »

She wont be able to claim SSP through the agency as her contract of employment has expired:

Box B on the SSP1 form

She seemed to be working through them at the time of the accident. If she had contacted them on the Monday and put the certificate in straight away that should have enabled the agency to pay SSP.

Ms-Money-Penny

LittleVoice wrote: »

She ought to have been able to claim Statutory Sick Pay. Did she send in her sick note to the agency? If she had done so, why would they have been phoning about why she couldn't work?

Yes the sick note was sent to the agency last tuesday so they received it on wednesday. Her place of work said they had facilities for her (a lift) , she has to keep foot elavated, use crutches and she also suffers with ulcerative colitis which means sometimes she needs to get to the toilet ultra quick which she couldn't do last week with her lower leg in plaster and the last thing she wanted to happen was have a colitis attack in work and ending up in an embarrasing predicament. This was explained numerous times to the agency and employer.

Ms-Money-Penny

tigtag02 wrote: »

She wont be able to claim SSP through the agency as her contract of employment has expired:

Box B on the SSP1 form

Sick note was supplied on the wednesday, she was sacked on the thursday.

tigtag02

Ms-Money-Penny wrote: »

Sick note was supplied on the wednesday, she was sacked on the thursday.

Does she have the extra months contract?

Conor_3

She worked for an agency. They're short term temporary contracts that can be ended at the drop of a hat.