Dismissed from work due to sickness

Hi, my contract of employment has been ended due to phoning in sick for one day. I was on a 6 month rolling contract, but they have decided to end it without my input. The company have given me no notice pay. Could you please advise if I have any rights?

Comments

  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hi, my contract of employment has been ended due to phoning in sick for one day. I was on a 6 month rolling contract, but they have decided to end it without my input. The company have given me no notice pay. Could you please advise if I have any rights?


    HI

    It is not clear from your post how long you have worked in total for your employer but in any event the issues to be considered are :

    You may be entitled to notice pay (or pay in lieu of) and untaken accrued holiday pay : follow the link below to information on your rights to these :

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm#How_much_notice_should_you_get

    and for holidays :

    http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm#Holidays_and_holiday_pay

    If you meet the qulaifying rules for unfair dismissal this may also be an issue:
    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/dismissal.htm

    If you want to explore these issues further please visit your local CAB as soon as you can taking your contract of employment with you if you have one
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Thanks for your reply. I have only been with the company 3 months. I have spoken to Acas and they said I needed to have been with the company for 1 year to have any rights. The company offered me to return to work until the end of my 3 month probationary period (2 weeks), but I was unable to return due to the company's working conditions, this was the reason I was off sick with stress i.e. I was left alone to run the medical practice, with no management support, feeling inadequate in helping vulnerable patients on reception with lack of training and security, no screening on reception, no panic button, cctv wasnt working, and no lighting on front door on closing practice. All this left me feeling anxious. My doctor gave me a sick note, but as the company wasnt prepared to support me on these issues they just ended my contract. I am now trying to get some benefits from ESA as I am now without income. It has been 3 weeks and still not received any benefits.
  • Thanks for your reply. I have only been with the company 3 months. I have spoken to Acas and they said I needed to have been with the company for 1 year to have any rights. The company offered me to return to work until the end of my 3 month probationary period (2 weeks), but I was unable to return due to the company's working conditions, this was the reason I was off sick with stress i.e. I was left alone to run the medical practice, with no management support, feeling inadequate in helping vulnerable patients on reception with lack of training and security, no screening on reception, no panic button, cctv wasnt working, and no lighting on front door on closing practice. All this left me feeling anxious. My doctor gave me a sick note, but as the company wasnt prepared to support me on these issues they just ended my contract. I am now trying to get some benefits from ESA as I am now without income. It has been 3 weeks and still not received any benefits.

    It's 2 years. Good old ACAS. Still haven't got a clue!

    You are due notice pay, and any accrued holiday pay.
    If you haven't got it - please don't flaunt it. TIA.
  • LittleVoice
    LittleVoice Posts: 8,975
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    edited 9 December 2012 at 9:14PM
    It's 2 years. Good old ACAS. Still haven't got a clue!

    You are due notice pay, and any accrued holiday pay.

    Well it's two years for the OP for protection from unfair dismissal but, as you point out, they do have some employment rights - due pay for their notice period (unless it is actually zero hours) and pay for holiday accrued (to the termination date) but not taken.
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