Employee 1 who started in April 2006 (and is on a six month probationary period) was involved in an accident in a company vehicle by employee 2in yet another company vehicle.
Employee 2 was at fault as he reversed into Employee 1. Employee 1 went home complaining of a headache after the accident, went to the hospital and was diagnosed with whiplash, and consequently he put in a claim on a no win no fee basis.
He has now been on sick (with a doctors note) for approx 6 weeks and says he has been referred to the Muscular skeletal department at his local hospital. His boss doesn't know when or if he will return.
Can he be dismissed on these grounds?
2006-08-22 02:41:09 · 23 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Employee 2 (apparently) is a bit of a "brown noser" and has attempted to get employee 1 in trouble before due to telling him to do something which he wasn't allowed to do.
Employee 1 has been asked to see HR and his boss and he thinks he is going to get sacked because of his claim, accident or absence or all three
2006-08-22 06:09:32 · update #1
with a 6 month probation, he can be terminated any time any reason, sorry
2006-08-22 02:48:04 · answer #1 · answered by robug 3 · 2⤊ 0⤋
I'm sorry, I'm a little confused here who are they sacking and is this U.K?
What exactly are the grounds cited for dismissal?
If it is employee 2, how long has he worked there for and what is his employee history like?
If it is employee 1 are they actually formally dismissing him or just refusing to renew his contract ( there is a difference ). An employer always needs a reason to dismiss an employee, the only difference is that after a year you have the right to be informed of the reason in writing.
2006-08-22 12:12:18 · answer #2 · answered by ligiersaredevilspawn 5 · 0⤊ 0⤋
Hi!
Although I live in Sweden which is known to have very strong employment laws I was suspended because my employer didn´t like that I know UDHR. Now I´m also sacked in conflict with these laws. So I think You´re friend can be sacked.
I just protested against the fact that the Director at Partille Municipality put out restrictions in conflict with the Schengen Agreement. To get a reaction I of course had to do this in a very cheeky way.
Their Statement "Partille - mitt i det goda livet" has limitations.
2006-08-22 10:07:13 · answer #3 · answered by LillebrorSerDig.NU 1 · 0⤊ 0⤋
Im not sure that he can be dismissed, but they could decide not to offer him a permanent contract at the end of the probationary period. As i understand it, whether youve been at a company for 10 yrs or 10hrs and are on probation, you cannot be fired just like that *clicks fingers* The employers are required to give you notice in either case. But as i say if they dont like you, you're not good enough, reasons irrelevant they are not legally obliged to offer a permanent position. So an emplyer could say at the end of your probation 'You smell, im not giving you a permanent position'
2006-08-22 09:56:20 · answer #4 · answered by Master Mevans 4 · 0⤊ 0⤋
As he was on probation they can terminate his contract at any time but he could then claim unfair dismissal due to an industrial injury caused by another work members negligence.He could however be medically retired by the firm as he is unable to do his job to to medical injuries.If he is a member of the union they could help him.
2006-08-22 13:18:52 · answer #5 · answered by Anonymous · 1⤊ 0⤋
i dont think so. if it has been accepted that it was the other employees fault and he has a doctors note.
however, in a 6 month probabtionary period they can sack you for no real reason (i.e: not fitting in, not capable of doing job)
needs to see citizens advice on this one really.
2006-08-22 09:49:09 · answer #6 · answered by ladyjinx 3 · 0⤊ 0⤋
I think one needs to be employed for at least 2 years before any union will offer support for claims of wrongful dismissal or constructive dismissal.
2006-08-28 04:06:57 · answer #7 · answered by Paul G 2 · 0⤊ 0⤋
If he was hired on a 6-month probationary period, he can be dismissed at any time without any reason required. That's what a probationary period is.
2006-08-22 09:49:48 · answer #8 · answered by senior citizen 5 · 1⤊ 0⤋
HR are wanted to speak to him and maybe refer to occupational health to assist in getting back to work but there is a chance he can be let go as within probation period - he needs to check his employment contract
2006-08-22 13:17:22 · answer #9 · answered by honeypot 3 · 0⤊ 0⤋
No because he is off with a doctors note he cant be sacked unless he has been off for more than 1 year with a doctors note.
2006-08-22 09:48:41 · answer #10 · answered by Jo. 5 · 0⤊ 0⤋
They might not sack him as he could claim unfair dismissal but it is unlikely that he will be taken on afterwards. Get in touch with ACAS they will tell you what you need to do and you don't have to be a member.
2006-08-28 12:55:09 · answer #11 · answered by Anonymous · 0⤊ 0⤋