if he's sick, and has always put in his sick note on time?
2007-09-07 08:04:06 · 23 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
it my mate, its the 1st time hes gone on the sick in 10 years, hes a barman, and put in a sicknote last week for 6 weeks off, and they've sacked him.
2007-09-07 08:11:36 · update #1
yes
2007-09-07 08:09:12 · answer #1 · answered by Anonymous · 0⤊ 5⤋
Not unless they have gone through the correct procedures - they have to at least hold a disciplinary hearing - otherwise it is automatically unfair dismissal and he should threaten to take his employer to an employment tribunal.
An employer can terminate the contract of an employee who has been off sick for a long period of time (sick notes or no sick notes) - if they feel that it is no longer practical to employ them - they could terminate their contract on the grounds of ill health - that they are no longer capable to fulfill the role - but they do have to go through the correct procedures - at least a wriiten warning, a hearing and an appeal.
2007-09-08 13:33:55 · answer #2 · answered by Tufty Porcupine 5 · 1⤊ 0⤋
After 7 days you are required to put in a doctors note rather than a self certificated sick line. The doctors note usually states the casue of sickness and the time recommended to take off - so long as you have handed this in you can not be fired.
Your employer is also not allowed to call and harass you during this time.
If you are constantally off with self certificated absences and a pattern is shown you can be given a verbal or a written warning. You can not be fired without 1st recieving a written warning - you will sign something to say you have recieved this. The only exception to this is if you have commited gross misconduct.
If your employer does fire you and you think it is unfair you can always fill in a form online with an organisation called ACAS who will help you to resolve the problem. This can also award you compensation and is a completely free process.
Any questions email me back
2007-09-07 15:12:32 · answer #3 · answered by =^. .^= 2 · 1⤊ 2⤋
If it's the first time he's had time off due to sickness in so many years and he's produced a valid sick note, I would say he was unfairly dismissed. If you're in the Uk (im guessing you are) , He could contact the citizens advice bureau and talk to someone there, they might be able to help him out.
I know it's crappy, but bar jobs are a dime a dozen. I'm sure that once he's recovered from his sickness, with his kind of experience, he should be able to find a new job quite quickly.
2007-09-07 15:15:39 · answer #4 · answered by Tobes 3 · 4⤊ 1⤋
I believe they can yes. If they're not fulfilling their 'contractual obligation' to the company. They should have warnings, verbal and then written about their levels of sickness. It depends on the nature of the sickness also, for eg, if someone kept having 2 - 3 days off due to 'diarrhoea' or 'sickness' or 'dizzyness' etc, nothing specific, then it could be a problem, but if it's a long-term problem, diagnosed by a Dr with a valid sick note, then they'd struggle to fire them without good cause.
2007-09-07 15:10:01 · answer #5 · answered by coca cola 3 · 0⤊ 2⤋
no not if it's only a short peroid of time,6 weeks isn't long enough for someone to sack you,it has to be longer term than that.If they have put their sick note in on time then i don't see that they have any rights to sack them.I would get some legal advice about this.
2007-09-07 15:17:41 · answer #6 · answered by Trace 4 · 3⤊ 1⤋
If he is really sick & gets a note from the doc not much they can do, they can ask for another doc to check him over. Also the wages can be cut, depending how long he has worked for them, each company have different policy on sickness pay. check with citizen advice they will help
2007-09-07 15:15:30 · answer #7 · answered by Tigger is the best! 2 · 2⤊ 1⤋
In UK Yes but I think there is a proper procedure to go through failure to do so can be expensive. Is worth taking it any further. A telephone call from a prospective employer to an old employer can do a heck of a lot of damage
2007-09-09 09:54:12 · answer #8 · answered by Scouse 7 · 0⤊ 1⤋
In the United States, it is legal in the vast majority of states. There are a few exceptions.
However, from your note, it sounds as if you are outside the U.S. Generally, other countries are more "employee friendly" than the U.S. So it may not be legal in your country.
2007-09-07 21:23:15 · answer #9 · answered by KP7689 4 · 0⤊ 0⤋
It depends on the company (private vs corporate, etc.) but a private company can let anybody go for whatever reason as long as the rules are applied across the board. Some corporations can fire you for using your sick time if they feel that it is in a susipicious pattern (like every Monday or Friday).
2007-09-07 15:12:03 · answer #10 · answered by Michael B 5 · 0⤊ 2⤋
Yes, they can do this, but they need to go through a formal disciplinary procedure - they can't just sack him on the spot.
See www.acas.gov.uk for details.
If they have not gone thought this process then he has a claim at an ET.
2007-09-08 01:56:12 · answer #11 · answered by fengirl2 7 · 0⤊ 1⤋