my brother had a heart attack 18 days ago then went back to work this week(silly)his boss this morning has sacked him for not being upto the job even though his work has always been praised,any advice please.
2006-11-09 22:23:30 · 23 answers · asked by ♥Scottish♥Ƹ̵̡Ӝ̵̨̄Ʒ♥Fairy♥ 7 in Business & Finance ➔ Careers & Employment
He has been unfairly dissmissed. Go see a solicitor or CAB, citizens advice bureo thingy and they will start a cliam and take it to the employment tribunal. The boss CANNOT sack him because of that. I say tell your bro to get a new job, tell him to go see the doc an say he is depressed cause of his job. by the time it goes to court, he wil get so much in compensation for stress and that. Goodluck. x
2006-11-09 22:26:11 · answer #1 · answered by london lady 5 · 0⤊ 0⤋
If he had a series of below par performances then he should have been given verbal and written warnings about it. If thats the case then the sacking is unrelated to the illness.
If there is no evidence of under performance then there grounds for concern. You cannot sack someone for being ill like this. You can make them redundant on the grounds of ill-health but it would need to be prooved that they cannot do thier job because of thier health.
Doing so within such a short time is premature and shows the company have not paid due diligence to the matter.
You need to talk to CAB. There are probably lots of detaisl that cannot be included in this question which are very important to the legal stance.
Be careful to use the right words, was he sacked ( that needs to be be for misconduct ) or made redundant....different rules apply.
2006-11-09 22:38:32 · answer #2 · answered by Michael H 7 · 0⤊ 0⤋
Hi,
Sounds like a very good case for unfair dismissal. However, you really should be asking your solicitor/lawyer. A lot of them will take the details of the case and advise whether its legit or not for free.
There should be a process before dismissal and the next step your bro should do is appeal it. Get him to touch base with HR in the company and find out the appeals process. I believe this will be the first step you'll be advised on...
Fair play to your bro for being able to get back to work after 18 days, that shows some committment to his work and in one way he's better off out of a company that rewards that type of sacrifice with a dismissal.
2006-11-09 22:53:37 · answer #3 · answered by Conspiracy 3 · 0⤊ 0⤋
My dad had a heart attack in August. He went back to work as part time not full time. His boss cant just sack him without cause. Look into a lawyer :)
2006-11-09 22:27:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
How long was he employed, but to get it solved quickly and under control go to the Citizens Advice Bureau and state your case to them , it will not cost you anything, they handle all cases as such and will , if necessary take the firm to a tribunal, get a medical report to take with you stating the heart attack and the date he was sacked etc
2006-11-09 22:40:42 · answer #5 · answered by john r 4 · 0⤊ 0⤋
Straight round to the Citizens Advice Bureau. The boss will not have a leg to stand on!
2006-11-09 22:36:26 · answer #6 · answered by 13caesars 4 · 0⤊ 0⤋
Get an attorney. Negotiate the Contigency Fee, they will do it, allthough some won't. But get a lawyer that is good in that field. It is a Work Related Disability, or Discrimination because of a Disability, lawyers love those.
2006-11-09 22:34:56 · answer #7 · answered by Anonymous · 0⤊ 0⤋
" The joy of being drunk again" and, a heart attack at 18 years old, is this a typo or ? If you had a heart attack at 18 then you'd better sit down and have a long serious talk with yourself and try to examine how you ever ended up with drinking and the height of being drunk on the top of your "Bucket list" because that's where your going to end up sooner then later. I would drink very moderately if I were you, like one or two drinks but, getting drunk, one day, sooner then later, you'll end up never coming out of one of you stupors. This happen to one of my friends.
2016-03-28 01:14:19 · answer #8 · answered by Anonymous · 0⤊ 0⤋
UNFAIR DISMISSAL is stamped all over this from the facts so far supplied. Take legal advice. Citizen's Advice Bureau is a good place to start. Good luck and keep well.
2006-11-09 22:33:59 · answer #9 · answered by keefer 4 · 0⤊ 0⤋
Sounds like a case for an employment tribunal, I would get in touch with a solicitor or CAB.
2006-11-09 22:26:29 · answer #10 · answered by Anonymous · 0⤊ 0⤋