Dismissal while on long term sick
Comments
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Nice one. Must improve my skim reading skills!I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.
This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.0 -
The company are well within their rights to dismiss Jane and I think it is best that she accepts that as soon as possible.
As awful as it sounds, the fact that she has been to hell and back is irrelevant in terms of the law (I am sorry if this sounds mean).
To be honest even though it doesn't seem like it now, I don't think that the employer has been unreasonable here. Unfortunately, especially with small businesses there comes a time when they have to dismiss people who are off sick.
Another thing that may have causded the company to dismiss Jane now is that she will be coming up to her 2 year point in February and the employer may have wanted to avoid Jane gaining more (some) employment rights.
I am sorry for Jane that this has happened to her and I hope she gets all the support that she needs at this time.0 -
I think this hangs on whether or not her condition would count as a disability within the meaning of the Equality Act, as she has less than two years service and can't claim ordinary unfair dismissal.
If she were disabled under the Equality Act then I think she's got a better case, or at least some leverage, as dismissing her in the face of medical opinion that states that her being fit for work is imminent puts them on shaky legal ground imho.
It's a big if, but I think it's worth investigating given the nature of what has happened and that her recovery is expected to be long and drawn out.
The other factor is whether or not she wants to go through the stress of challenging it. It seems unlikely they will reconsider with no new information, so you would be pushing for a Settlement or alternatively have to go to Tribunal which is never pleasant. I actually think that if she is fit for work and she can explain that she had the accident and it prevented her working for a few months but she is now fit to return she probably won't have too much difficulty securing a new position. She needs to consider if it would be worth it, but you would need to seek advice to see a. if you have a case, and b. what you could reasonably expect if you did. It might be best to move on. Good luck anyway.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
I disagree. She hasn't been prevented from working for a few months. It's nine months. Most of a year. And she isn't going to be imminently fit for work. She might be fit to do 2 or 3 half days in several weeks - which does not constitute anything near fit for work. A disability almost certainly does exist here - but that is irrelevant because the employer has acted within the law and been reasonable. There is no evidence of disability discrimination here, and to "use" the fact of a disability as leverage to force a settlement on economic grounds might be possible, and benefit her - but it is very likely going to ensure that the employer takes a much more unsympathetic view of every person in similar circumstances in the future. Perhaps she, and you, don't care about that, and that's ok - but it does mean that other people bear the consequences of using disability as a mallet when it isn't warranted.I think this hangs on whether or not her condition would count as a disability within the meaning of the Equality Act, as she has less than two years service and can't claim ordinary unfair dismissal.
If she were disabled under the Equality Act then I think she's got a better case, or at least some leverage, as dismissing her in the face of medical opinion that states that her being fit for work is imminent puts them on shaky legal ground imho.
It's a big if, but I think it's worth investigating given the nature of what has happened and that her recovery is expected to be long and drawn out.
The other factor is whether or not she wants to go through the stress of challenging it. It seems unlikely they will reconsider with no new information, so you would be pushing for a Settlement or alternatively have to go to Tribunal which is never pleasant. I actually think that if she is fit for work and she can explain that she had the accident and it prevented her working for a few months but she is now fit to return she probably won't have too much difficulty securing a new position. She needs to consider if it would be worth it, but you would need to seek advice to see a. if you have a case, and b. what you could reasonably expect if you did. It might be best to move on. Good luck anyway.0 -
I have to read threads like this to appreciate there are still companies with decent benefits.
Just checked my CBA..........65 weeks full sick pay............(I have done 20 years)
Maximum 78 weeks full sick pay!0 -
I have to read threads like this to appreciate there are still companies with decent benefits.
Just checked my CBA..........65 weeks full sick pay............(I have done 20 years)
Maximum 78 weeks full sick pay!
This employer consists of two owners plus three staff. Paying for the sick employee plus temporary cover, likely at a higher rate, could well have financially broken them. As it is they've paid £2,500 in SSP, muddled along for several months, had to recruit a new staff member and have also paid for the advice of an HR specialist. I would say they've been pretty fair to an employee with one year of service and no guarantee that they will ever be able to return to fulltime working in the long term.0 -
This employer consists of two owners plus three staff. Paying for the sick employee plus temporary cover, likely at a higher rate, could well have financially broken them. As it is they've paid £2,500 in SSP, muddled along for several months, had to recruit a new staff member and have also paid for the advice of an HR specialist. I would say they've been pretty fair to an employee with one year of service and no guarantee that they will ever be able to return to fulltime working in the long term.
Not really my point. It was just a general reflection, some times we all forget that life outside our own experience can be very different.
Do you share the same view on pregnant woman?0 -
Not really my point. It was just a general reflection, some times we all forget that life outside our own experience can be very different.
Do you share the same view on pregnant woman?
Totally different situation to this one. Maternity leave has a maximum end date and the employer has advance notice to allow them to plan for it, in terms of cost, how to allocate their duties and to allow an orderly handover.0 -
I never said it was the same, I just asked a question. It still has a significant cost to any very small business.0
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I have to read threads like this to appreciate there are still companies with decent benefits.
Just checked my CBA..........65 weeks full sick pay............(I have done 20 years)
Maximum 78 weeks full sick pay!
What would be your companies sick policy on an employee of under a year? That’s the best way of comparing.0
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