I have been off for about 4 months with anxiety/depression. I am now being told that disciplinary action could be taken. Is this legal? Please can anyone help me? I would be really grateful if anyone knows any websites etc. that have authoritative advice. Thanks
2007-06-05 02:46:46 · 14 answers · asked by Stupid Girl 1 in Business & Finance ➔ Careers & Employment ➔ Health Care
Yes, they can try to sack you via the Disciplinary process, essentially on the grounds that you are either (a) faking it or (b) never going to recover enough to come back to work (so you are incapable of doing the job).
You will have to attend the 'hearing' (unless you can get a Doctors note) = make sure you have some-one with you to 'keep them honest'. If they suggest (& you accept) there is NO prospect of you EVER recovering, then they can fire you - so you might have to agree eg. reduced working hours or a reduced level of authority / seniority (for a trial period).
If you are a member of a Union, contact them now. Otherwise it might be a good idea to speak to Citizens Advise - or a Solicitor - in advance of any meeting.
2007-06-05 02:53:15 · answer #1 · answered by Steve B 7 · 0⤊ 0⤋
In the end they can dismiss you, but before then they have to follow statutory procedures, and if they don't then you can go to a tribunal as the dismissal will be automatically unfair, and you can get quite a lot of compensation.
The procedure is to write to you with details of the disciplinary, which will be your capability to do the job, you will then get given a chance to meet and discuss, here you can make someone with you, and also submit medical evidence, and after you will also have a right to appeal. If any of this isn't done then the dismissal will be automatically unfair
hope that helps
2007-06-05 03:08:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No they cant sack you. They can cut your pay but they cannot legally sack you. If you have your GP Behind you it may be worth explaining to him that they have threatened this and as a result your depression and anxiety is made worse. Also contact citizens advice.
I wish you all the best and hope you get better soon. Take care and try not to worry too much.
All the best!!!!
2007-06-05 02:53:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think its about 5 months then they can I was once in this position after a operation i phoned Citizens Advice and they helped me so i would advise you to contact them
While i was still on the sick they employed someone else when i went back to work they had to finish the other person off so i could resume my job
2007-06-05 06:45:31 · answer #4 · answered by Black Orchid 7 · 0⤊ 0⤋
Yes they surely can. Try to find out what their policies or procedures are for leave. I know here in the US, an employer can only hold your job for 90 days and unless you apply for the FMLA (family medical leave act) they do not have to hold your job for you.
2007-06-05 05:49:34 · answer #5 · answered by Mischele, RN♥ 6 · 0⤊ 0⤋
I dont know how long you have been employed with them but the short answer is no they cant - they have to go through procedures etc.
the best websites for you to get advice from are www.acas.co.uk or www.cipd.co.uk.
good luck
2007-06-05 02:52:09 · answer #6 · answered by LISA M 2 · 1⤊ 0⤋
Why on earth do you think that you are entitled to an indefinite meal ticket from your employer just because you lack the will power to organise your life.
Before psychiatrists invented depression people were told to 'Snap out of it' and get back to work.
You should not be called Stupid Girl as you are smart enough to be kept by the labours of your work colleagues.
2007-06-05 02:59:02 · answer #7 · answered by Clive 6 · 1⤊ 2⤋
You are covered by the Americans with Disabilities Act. If they pursue firing you, and do so, simply contact a lawyer and you will be due lots of money. It's terrific.
2007-06-05 02:55:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends on how long you have been employed. The family/medical leave act(federal law) protects you. See you attorney.
2007-06-05 02:59:21 · answer #9 · answered by james d 2 · 0⤊ 0⤋
Your employer can terminate your employment at any time for no reason if they want to.........I imagine the consequences vary from state to state.
2007-06-05 02:56:18 · answer #10 · answered by Kit Kat 6 · 0⤊ 0⤋