dismissed while off work sick

SomeBozo

Baz74 wrote: »

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

Check your contract.

All the probationary contracts I do allow both the employer and emlpoyee to leave work immediatly with no reason or notice to give. Sorry.

Bozo

Ewarwoowar2

Baz74 wrote: »

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

If you have less than a year's service then you have very little employment rights. If you have more than one month's but less than a year's service you should be paid a week's notice.

vegankris

Sadly, it is legal for them to do this, sorry It happened to me a few years ago.

CFC

Baz74 wrote: »

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

If the meeting that you couldn't attend was your probationary hearing, you will probably find in the letter a reference to a decision being made in your absence if you did not attend.

caryl123

My husband has worked at the same place for 20 years but has been off sick for 7 mths due to a long term disability making it hard for him to do his job...We have been to see an outside GP to assess if he is fit for this job.Does he have any claim to any payback if he is dismissed.. we are not disputing that he will have to leave his job,but wonder if he is elligable to any backpay:j

Francesanne

princess_loki wrote: »

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

Think if the job was causing you so much stress, it's better in the long run not working there. I know the job market is very tough at the moment but wouldn't want to stay in job that's causing so much stress and unhappiness.

hayley11

caryl123 wrote: »

My husband has worked at the same place for 20 years but has been off sick for 7 mths due to a long term disability making it hard for him to do his job...We have been to see an outside GP to assess if he is fit for this job.Does he have any claim to any payback if he is dismissed.. we are not disputing that he will have to leave his job,but wonder if he is elligable to any backpay:j

Backpay in what sense? If he knows that he will have to leave eventually, why not just leave now and claim incapacity benefit? If there's no hope of him getting fit enough to return to work and you're concerned he might get the sack anyway.

fattyrae1

whowell wrote: »

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

If you failed your exam 3 times and that is a sackable offence then surely it doesn't matter if you are off sick? Sorry, i am not being unsympathetic but when did you go off on the sick? After you failed the exams? I assume it is, as you couldn't have taken them when you were off. If that is the case then you are being sacked for before the sickness. Again, not being unsympathetic, but was failing the exams the reason you went off work? I have worked with people that are due to be sacked and go on sick so they can't be?

hayley11

fattyrae1 wrote: »

If you failed your exam 3 times and that is a sackable offence then surely it doesn't matter if you are off sick? Sorry, i am not being unsympathetic but when did you go off on the sick? After you failed the exams? I assume it is, as you couldn't have taken them when you were off. If that is the case then you are being sacked for before the sickness. Again, not being unsympathetic, but was failing the exams the reason you went off work? I have worked with people that are due to be sacked and go on sick so they can't be?

The post you replied to was from June 2008. Somebody has posted a new question on it today rather start a new thread.

fattyrae1

hayley11 wrote: »

The post you replied to was from June 2008. Somebody has posted a new question on it today rather start a new thread.

Oooops!!! I need to go to bed!!!:o