Can you get sacked for being off sick?

Question

Hi. I've been off sick now since March 06 (well I did go back for a week in august but couldn't manage it) and was wondering if my employers have the right to sack me for being sick. I am getting sicknotes. How long you can be off for? Is there a limit? I'm in the UK by the way. Thanks.

I'm actually ill with depression (I have bipolar) and they did know about it when I got the job. Only thing is my boss is my brother's partner's Dad and my brother actually lives with them so its a bit weird. I had assumed I was being paid SSP for the last 5 months or so but have since found out its over th amount SSP is so my work still must be paying me. I feel really bad but just not ready to go back to work yet.

Answer 1

It depends on a number of things but the main things are the length of tenure in the job, the nature of the illness and whether it was known/disclosed at the time of recruitment.

I too have become ill with a chronic illness after 16 years of service in my current job yet I recognise that things are getting tougher in the UK job market. Whilst the Government has a strategy to keep disabled/sick people in work, every employer has the right to expect an employee to be in a position to do a job they are employed to do, to 100% capacity (with reasonable adjustments, as necessary). To keep someone on the payroll when they are doing nothing at all to earn their salary is unacceptable, regardless of their health condition. I only wish I could continue to draw my £42k a year salary for doing nothing! But I can't. And, truthfully, I don't see why I should. I should either be fit to work or resign.

My view.

If you are off sick and have been for a long while, your employers do have the right to review the situation and, if necessary, either dismiss you on capability grounds or offer early severance on the grounds of ill health or offer alternative jobs within the organisation (with or without reasonable adjustments), or demotion (with a pay cut) if a capability assessment proves you are no longer capable of working to the level you were originally recruited to work at.

Whether you are offered early severance depends a) on the nature of your illness, b) the length of your tenure and c) whether you disclosed your illness as soon as you knew about it. Employers can ask for access to your medical records to determine how truthful you have been about your condition. Withholding consent to access these records isn't generally viewed as a good thing...

As some have stated, if you were in post less than the statutory length of time before becoming sick, many employers will find other ways to dismiss you, including under inefficiency procedures. This is especially true for those who have yet to pass their probationary period.

Given that you have been off sick since March (my illness was diagnosed in March 2006, oddly enough!) I would advise you to speak to your doctor about returning to work part-time on medical grounds. I would also explore with your employers options for homeworking. My employers were willing to do both and I am now back at work full time, albeit working at home one day a week. But I am working full time and my employer is very pleased about that. Do what you can to demonstrate your willingness to go back to work and also ask your employers to work with you to help you to do this....

Good luck.

Answer 2

Sorry to hear that you are sick. I'm not sure about the laws in the UK but in the United States, California in particular, they can be decent about understanding your situation. I am pregnant and I have sick days but even when I call off sick I'm still scared every time that I could lose my job. I would recommend you to take short term or long term disability, whichever applies to your situation. Even though you went back in August for one week that is really not long enough, even with sick notes for your company to consider you a commodity. I'm not sure how long you've been with them but you definitely want to protect yourself in whatever way possible. Prepare for the worst which could mean losing your job. You need to have money saved up for months without work, you could even file disability since it's keeping you from work and unemployment. I don't think you should keep thinking about "if they can sack you for being sick" because they can. Prepare yourself if they do so that you're not getting the bad end of the deal. Unfortunately unforeseen circumstances happen in life, we have to make the best of it and attempt to keep your sanity and your way of living by using the laws to your advantage. Hope this helps. Good luck!

Answer 3

Employment Law and the Disability Discrimination Act (DDA) state that you cannot be sacked because of a disability. You have had your illness for less than a year, so unless it is a registered disability, they do not have to keep you on. They can get rid of you on grounds of inefficiency as you are not at work and technically they have had to get someone to cover your duties. However at this stage you will not be receiving full salary and should be getting Incapacity Benefit.

If however you condition is a registered disability they must make reasonable adjustments to allow you to persue a proper working life. If you suffer from the illness for more than a year, it is recognised under DDA as a proper disabiltiy and again reasonable adjustments must be made.

If you are a member of a union and have concerns regarding this, I suggest you contact a rep regarding this area.

Your employer should have at least by now sent you to an Occupational Therapist for an assessment. It is this therapist that makes recommendations regarding reasonable adjustment.

This is a really complex issue and not an easy route to persue alone.

Seek more advice.

Answer 4

If you have been with the employer for less than 2 years, you can be sacked without a reason being given. If you've been there more than 2 years, you have more employment protection.

Answer 5

Does your company have a sickness policy?
you can be released from your employment for sickness,
however it's not quite that simple, the comapny have to have shown that they have tried to support you.
if you mail me at [e-mail] with full details of your sickness - should be able to give you a more detailed answer

Answer 6

Depends on your employers rules etc as to when, but yes you can be legally dismissed if you are off work on long term sickness.
Get well soon.

Answer 7

Each company has different policies but I think it's fair to say you are currently not able to do the job you were hired for right?

Answer 8

I believe that you are able to be 'on sick' for 12 months and then the employer is able to 'release' you on the basis that you are unable to do your job.

I'm sure you can understand that they have a job that needs doing and whilst they have you on their books they may not be able to employ someone else to do that job.

I hope that you are on the road to recovery soon.

Answer 9

if youve got legitimate sick notes from the docs your employer cant sack you but when you do go back to work dont give them any reason to do it 'leagally'depends on your job too..ask citizens advice beauro.get well soon.

Answer 10

They can't sack you for being sick but can find another reason (even a spurious one) to sack you.