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I have worked for this company for 6 months now and really enjoy my job. Since joining the company I have become sick and have had a fair bit of time off, every bit of absence has been backed up by a hospital letter. They extended my probation period up till now and I've just been handed a letter saying they want a formal meeting as they have concerns over my employment. The only possible outcomes are they either sack me or extend probation, My work is excellent but they are trying to find a reason so they don't sack me for being sick. I am a single parent and am terrified about losing my job. If I resign as I can't stand the stress plus I'm still not well do I have any rights to pay or benefits? Please help
Also if I get signed off sick long term can they sack me when I'm off...?.....I really need the money.

UK company

2007-06-11 09:24:48 · 14 answers · asked by Sparkle 1 in Politics & Government Law & Ethics

14 answers

Bad news I'm afraid.
1. You are still probationery so have none of the "rights" of a permanent employee.
2. You don't say how big the company is but if large your chances of extended probation are better but probably still not too good.
3. They don't have to have a reason not to continue your employment and it won't be sacking you.
4. If you resign you have no right to anything from them, and I believe the waiting time from the government is 26 weeks > so don't resign whatever you do.
5. Contrary to common belief you can be sacked whilst absent from work, (unless from being pregnant), but in any case they are not liable to pay you whilst sick nor extend your probation.

Sorry its not what you want to hear.

2007-06-11 11:30:12 · answer #1 · answered by streetblitzer 3 · 2 0

if youre still on a probationary period they can terminate your employment at any time without giving a reason although excessive sickness absence is considered an acceptable reason and if you have worked there for less than a year then you have no legal redress. The only reason you would have any redress is if the reason for your sickness absence was a recognised disability under the disability discrimination act 1997 that you had informed the employer of prior to the commencement of employment. Also, if you had become ill or injured as a result of work or working practices then you may have some legal redress as well

2007-06-11 20:08:45 · answer #2 · answered by vdv_desantnik 6 · 0 0

These are not the only possible outcomes, most companies will wish to meet with an employee who has been off sick long term, it is normal practise.
Yes it is their duty to ensure that you are fit for the job that you are employed to undertake, but most companies want to keep good workers, so will look at all options. be positive and take a work friend or union rep to the meeting, plus copies of all GP/hospital letters. If these are signed sick notes, maybe ask the GP for a more detailed letter. If your fit enough to work, but maybe not work full time you should also ask them about a staged return to work, or offer to do work from home if this is an option. Good luck

2007-06-11 09:37:47 · answer #3 · answered by Tina Enchantress 3 · 0 0

Your employer can sack you on the grounds that you are not fit for work, and it looks as though they have lots of evidence based on your sick record, regardless of hospital letters. You're on a sticky wicket because you're not confirmed in post. Let's hope they extend your probationary period. Your comment about being on long term sick doesn't sound very good..... let's hope they don't get wind of that! If you are genuinely sick, they maybe you need to admit to yourself that you aren't fit for work. Take some advice from CAB.

2007-06-13 23:28:22 · answer #4 · answered by katewearsconran 2 · 0 0

If they were to sack you for being sick, but contrived another reason for doing so, then that would be constructive dismissal, which is unlawful. If they sack you for being sick - I do not know enough employment law but hopefully either someone here can advise, otherwise run it by a lawyer.

All the best - hope it doesn't come to anything bad.

2007-06-11 09:31:06 · answer #5 · answered by . 4 · 0 0

From your question, it would appear that the company is happy with the work you've done otherwise they wouldn't extend your probation. Try not ot worry and explain your circumstances to them fully. You've said they want to discuss your employment, if they were going to sack you outright, they would have done so already. Speak them, be honest and they may have a compromise. Good luck.

2007-06-11 12:15:11 · answer #6 · answered by Anonymous · 1 0

Sorry, But if you can not do the job they will have little choice because while you are away someone else will have to do your work and they may have to employ temporary staff.
If you are in a union it may be as well to take an official in.
I think you may be best served by complete honesty again.
Sorry but I think that given you are not a long standing employee they have probably been very patient

2007-06-11 09:37:47 · answer #7 · answered by Scouse 7 · 0 0

Its whilst 2 gamers sack the QB on an identical time or if a participant might hit the QB the QB staggers yet does not pass down and yet another participant cleans him up. it incredibly is the call of the stat keeper like a blunders or hit in baseball.

2016-10-07 07:41:45 · answer #8 · answered by ? 4 · 0 0

Bit of a long shot.. but the Disability Discrimination Act means that they can't discriminate against you if you have been off with a 'recognised' sickness. For example, one of my friends has a stomach problem and her bosses can't discriminate against her for her amount of sick leave.

If your reason for being off fits into that category, it doesn't matter how long you have worked with them for.

2007-06-11 09:30:31 · answer #9 · answered by Smiler 5 · 0 1

i totally understand your position. on the other hand you have to understand thier position.they have to have someone that will be there to work.if your illness is job related then you have some legs to stand on.other wise they can do as they wish

2007-06-11 09:32:12 · answer #10 · answered by charlsyeh 7 · 1 0

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