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Can you be sacked while on the sick

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  • tigtag02
    tigtag02 Posts: 6,857 Forumite
    Part of the Furniture Combo Breaker
    Conor wrote: »
    She worked for an agency. They're short term temporary contracts that can be ended at the drop of a hat.

    This was my point when I stated that SSP can be refused on the basis of expired contract.

    However, she still needs the SSP1 form to take to the DWP.
    :heartpuls baby no3 due 16th November :heartpuls
    TEAM YELLOW
    DFD 16/6/10
    "Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
  • I am now on the sick from work, have being working there for over 2 years now. Recentley i have had lots of hassle from 1 main source, they threatend me with taking goods or prison (CSA). Lets say no more about them.

    However due to there heavy handed tacticts they took money straight from source, which left me with nothing to live on, i have been down this road before a few years ago, which in turn i ended up in hospital which i nearly took my own life! Wrong thing to say i do know. Now they have decided to leave me after i have paid my rent with £100.00 a month to live on, which sparked off the depression yet again! I have been to doctors and so far they have signed me off for 2 weeks, i am back there again and looks like i will be off sick for a while now! My company are obviously not happy about this, and als in the past they have threatened with disiplianry. Now i am more worried that they will give me the boot and send me further into depression. I know that this is long and drawn out but i really could do with some friendly advice, something positive.

    many thanks
  • t_r
    t_r Posts: 134 Forumite
    straight forward you can't be sacked for being sick but you can be disciplined if your your level of abcence is unaceptable. must follow procedure & again contract is everything if the disciplinary procedure has been written into her contract whomever it is with, it has to be followed. Otherwise it is breach of contract and length of service is not counted.
    My opinions are purely my own act on them at your own risk :think:
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    t_r wrote: »
    straight forward you can't be sacked for being sick but you can be disciplined if your your level of abcence is unaceptable. must follow procedure & again contract is everything if the disciplinary procedure has been written into her contract whomever it is with, it has to be followed. Otherwise it is breach of contract and length of service is not counted.

    You can be sacked for being sick if it means that you are permanently incapable of fulfilling your duties.
    Gone ... or have I?
  • t_r
    t_r Posts: 134 Forumite
    I'm not an expert and I havent got my notes with me, so won't put up to much of an argument. I think it's all about terminology. As I remember it sickness is a form of absence but you can't be sacked for being sick. So instead you discipline for the absence not for the sickness. The reason it sticks in my mind is because when the disciplinary procedure is documented in your contract it kinda ties your hands a bit.

    But as i said I'm not an expert lol just a manager who gets shouted at by HR
    My opinions are purely my own act on them at your own risk :think:
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