Sacked for being off sick!?

Question

My daughter has been sacked for taking too much time off sick, most of which was covered by a doctors cert, when she applies for a new job does she have to declare that she was sacked ? and will her old employers have the right to tell the reason she was dismissed, ? we live in Northern Ireland , its just tricky knowing how to fill in new applications...Any help welcome..thanks

Answer 1

If she has less than one year of employment then there is nothing she can do about it unless she was discriminated against under the Disability Discrimination Act 1995. That then becomes automatic unfair dismissal.
Assuming she has been there for more than a year then was a disciplinary procedure followed? The minimum acceptable procedure is the ACAS Code of Practice 1 (Revised 2000) Disciplinery and grievance procedures.

If she was just "pulling a sickie" then tough. The Employment appeals tribunal (EAT) will take a dim view of her conduct. If she was genuinly ill then evidence from her GP will be helpful.

The employer may try the "frustration of contract" bit on the grounds of a breach of the implied terms of contract of employment at common law. Talk to a solicitor or the citizens advice bureau.

Normally employers ask for the candidate name their referees. It need not be your last employer unless they specifically ask them to be included which is not normally done.

Answer 2

Her ex employers are quite within their rights to sack her for too much time off even with a doctors cert as they could claim her medical condition is incompatible with the requirements of the job.

She may well be asked by a future employer what her reason for leaving was and she does not have to declare the sickness unless they specifically ask this question on an application form, however, if they contact her prev employer for a reference then they will finfd out the truth.
Lets face it most employers want people with good work records and will automatically chose one with a good record over a bad one

Answer 3

first could her illness have been covered by the disability discrimination act. And has she appealed against the dismissal, there were better ways for the company to deal with this rather than dissmissal, normally a negtiated termination of emploment.
A lot of application forms ask for a reason for leaving but if they dont then dont say. many employers do not take up references and if they do are very basic. The way to go with applications for a new job are to economical with answers to these questions but not to lie. If the form ask how much time off for illness do not just put an amount of time but an explanation of how it is possible to limit the effects of any continuous illness on their business. the reason for leaving is due to illness which made working in that enviroment impossible. as long as the new job is in a different environment this is acceptable. good luck

Answer 4

She will have to give reason of being sacked unfortunately, that's the law. You say "most of which was covered by a doctors cert" - if any wasn't, that's perfectly legal grounds for being sacked I'm afraid. She should just be honest with any potential new employers, and she'll need a reference anyway.

Answer 5

I am assuming that 'sacked', for here in the states means 'fired'?
When filling out an application to work, answer the questions truthfully. It would probably be during the interveiw phase that they might ask about the absances, then answer truthfully again, explaining the illness related leave time. Make sure to let them know that the illness issues are done and that they will not be a problem.

Answer 6

you say mostly she was covered by a medical certificate and her employer was probably OK about that , but to just take days off without a certificate is not fair on her employer or the people that had to cover for her. Yes she will have to say why she was sacked the good thing is while they can refuse to give her a reference they are not allowed to say anything rude about her in a reference

Answer 7

There are laws governing absences from work including sick absence
If she was not there a lot unfortunately she has been deemded unfit for work
If the company is quite small they are well within their rights
She does not have to declare it but may be asked why she left her last employment and should nbot lie

Answer 8

My friend was sacked because of unauthorised absences and she gave her boss a Thank You note in the hope that she would get a normal employment record. I'm sure you're daughter will get a fine reference in the end. Trust me it isn't difficult!

Answer 9

Some applications ask if you want them to contact the previous employers, if so, check no. I don't even think previous or current employers are contacted most of the time.

Answer 10

i got sacked from one place i was lucky it went bust the following year so i put down that i left there after that and there was no one to check if it was true after 10 years you don't need to put it on CV some places only want 5 years might be worth going to citizens advice with all the facts