(UK only please) Can i get fired for taking time off work through illness?

Question

I have given my employer a doctors note.
I'm not a union member, (my company doesn't have one!)

Answer 1

It is possible to be dismissed for being off sick, but it is a tricky subject. The best thing to do is to stay in touch with your employer, and if you are concerned, speak to your local Citizens Advice Bureau. I've been in this situation, and it isn't pleasant. But you are ill, and that isn't your fault - focus on getting better.

The inability of an employee to do a job, for whatever reason, is a valid reason for dismissal. However, the case of the employee who becomes physically or mentally unable to do his or her job because of illness, or is persistently absent from work because of illness, clearly demands special consideration. Tribunals recognise that - especially in the smaller firm - it will often not be possible for the organisation to 'carry' the ill employee, and they understand that a time comes when the employer can no longer be expected to keep open the post of an employee who is off sick.

As with the dismissals for other reasons, however, they expect the employer to have discussed the position with the employee concerned and to be absolutely sure of the facts about the employee's state of health and whether he or she is incapable of doing his or her job, or likely to be persistently absent in the future. This may involve taking medical advice about the employee's condition by talking, with the employee's permission, to his or her doctor. If there is less demanding work available which the sick employee would be capable of doing the tribunal will normally expect the employer to offer it to the employee. Employers should also note that the Disability Discrimination Act 1995 makes it unlawful for employers with 15 or more employees to discriminate against current or prospective employees with disabilities.

Answer 2

Under specific circumstances yes. If you work for a small company ie a family business or similar and you perform specific duties that will still need to be done in your absence then you will be allowed a max of 8 weeks sick leave after which they can terminate your employment contract. This is because small businesses cannot afford to pay both you and a replacement for an indefinite period of time. If the above circumstances do not fit yours then go to the citizens advice bureau or call them (some do home visits or phone advice if you are too ill to travel).

Answer 3

Well, in a nutshell, yes, depending on the circumstances and the nature of your illness. You may have taken certificated sick leave but if you have an abysmal record of uncertificated sick leave (often in excess of 10 days in a rolling calander year) they can take steps towards dismissal. That often takes the form of an independant assessment by a doctor. They may also approach your GP, not for specific information, but a more general...........is there an underlying known cause why X takes so much sick absence.
If you have an underlying condition e.g. diabetes then I would urge you to be up front with your employer and not try to fob it off as...........oh, something like a cold. The disabilities act offers conciderable protection to people with specific health/disability issues but it does depend on the individual being honest about recurrent health issues. If the sick absence can be specifically realted to a known health issue you have some protection but if you do not attribute it to that known condition you could be setting yourself up for a potential dismissal,

Answer 4

The answer is no as long s you show sufficient proof like you said a doctors note, however in cercustances otherwise they can fire you if the period of sickness continues or if your absence develops a pattern, like today and tomorrow you re off with a note and next saturday you were ill but then two saturdys after that again illness.
they can also release you if your absentism happens during the ''probationary period''
otherwise no, and even if you had a union sometimes its not as straight forward as just seeing them to challenge the rules.
good luck x

Answer 5

No chance, workers do have some rights. If the illness is genuine, the law is on your side. I think there is a way however, of letting someone go if they are off for a very long time. It depends on the total time off and prejected time they are likely to have to be off. And of course, what your contract might say.

Answer 6

They should not be allowed to fire you for taking time off work through illness, that's unfair. I suppose you need proof now that you really were ill, like you said you had from your doctor, a note. Speak to your company.

Answer 7

No you cant be sacked. You dont get a union through your company they are independant. Check out the TUC for the union you should join.
Go to CAB to find out about your rights.

I've put some links below that should help you.

Answer 8

Isn't it marvellous. You asked for UK answers and Americans STILL have to put their oars in. Ally H has given the correct answer and still people enter, 'No, you can't be fired' answers. I wish they would check their facts.

Answer 9

A genuine illness shouldn't get you fired. However, if you've become known as someone who bunks off for no apparent reason, you can't expect much sympathy.

Answer 10

There is a union for every worker, what industry are you in. Even if there isnt a branch at yoru work you can still join a union, and if you are being threatened with dismisal its worth it