dismissed while off work sick

whowell

Hi, I hope someone can help me, i am currently off work sick and have been for 6 weeks now (with stress from work ) while i have been off i were to attend a discaplinary hearing regarding my employment as i have to pass exams at work and have failed one 3 times which is a sackable offence (well it depends if your face fits or not) anyway my last sick note ran out on the 27th may 2008 and yesterday i received a letter from work saying that a hearing has been held in my absence and i have been sacked !!! i was never told about the hearing (which was held on the 30th May, my work received my latest sick note yesterday which was dated by my doctor to run from 27th May but i could only get to see the doctor 3 days ago (so one sick note ended as one ended, another began) i have worked for the company 2 1/2 years and would like to know can they sack me if i have put sick notes in for a sickness that is work related ??
thanks

fengirl_2

They can sack you whilst off sick as they have to form a view as to whether you are ever going to return - they have a business to run and need to ensure there are staff there to run it.
However, there is a procedure to go though and you should have been invited to the disciplinary and have the right to be accompanied. You also have the right to appeal against the decision. Failure to go through the procedure would mean you could take your employer to an ET, even if the actual reason for the dismissal was fair.
See www.acas.gov.uk - their helpline is v helpful.

Sugar_Coated_Owl

I'm sure that's not right and a definite breech of the DDA.

dmg24

The OP has not been sacked due to his health. From the information given, he would have been sacked irrespective of his condition, and therefore this should not be part of the issue.

As fengirl mentions, following correct procedure could be an issue.

The OP has not mentioned whether his condition is long term, or whether it has just been for this past six weeks. If it is only a recent development, then the DDA would not apply.

olly300

OP if you feel you have been unfairly dismissed then you need to put in appeal in writing to your employer stating so asap. Try and get it to them by the end of the week and use recorded delivery for it. In your appeal letter state:
1. That you were ill and the illness is caused by the working environment.
2. That as you where notified of the hearing in advance you have been unfairly dismissed.

I find ACAS useful for information but if you think your illness falls under the Disability Discrimination Act you are better off looking at http://www.equalityhumanrights.com/pages/eocdrccre.aspx.

clarie666

:mad: Hi have been reading internet for three hours now just need to know if anyone can help been working for a company for nearly 11 mths now have been signed off sick for two weeks due to depression (large work component written on sick note)and also waiting for results of hospital tests for lupus/RA. Was due back yesterday 6/8/08 but phoned HR Dept on 5/8/08 as Dtr signed me off for another 2 weeks, Received a letter this morning dated 6/8/08 saying my contract had been terminated with immediate effect, i have had no verbal or written warnings since i have worked for the company and have had no phone calls or meetings to discuss my sickness can they do this to me
thanks

emsywoo123

No idea, but bump bump for you x

princess_loki

it really is horrid isn't it... i was signed off for depression and although i was not sacked i was not given much option by my immediate manager. everything from him was verbal and so i actually have no proof of the conversation but i was not left with much option other than to resign.

i was there for about 10 months and depression / stress was in the main caused by the working environment.

to top it all because i was not sacked it seems that i cannot claim jsa and because i was not working i didn't go back to the doctor for sick notes so cannot claim incapacity benefit either.

now in a complete nightmare situation - falling behind with mortgage and bills.

so i really do sympathise with your situation and if you want a chat then please feel free to pm me

loki

Zazen999

Claire666

You might get a better response if you start a thread all of your own.

ohreally

razorbladekisses wrote: »

I'm sure that's not right and a definite breech of the DDA.

On what grounds?

Baz74

Does anyone know the definitive answer on this one?

I had to take 3 days off sick and couldnt attend a meeting as a result. In the meantime, my employer has emailed me to say that they are terminating my contract as I am still on a probationary period, which was extended by 1 month. I understand that whilst on a probationary period, your rights are limited but am I right in thinking that a meeting/hearing has to be held in order for both parties to give their input whilst present? Im sure they cant just email you to terminate your employment in this manner?

If anyone knows, please advise