i have no contract of employment can i be dismissed when off sick with a doctors note
2007-09-22 02:13:49 · 8 answers · asked by cersyanne 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
yes
2007-09-22 02:32:41 · answer #1 · answered by ♥Scottish♥Ƹ̵̡Ӝ̵̨̄Ʒ♥Fairy♥ 7 · 1⤊ 0⤋
If you are paid for work then you DO have a contract of employment, whether it's written or not.
At the very least the employer MUST give you a written statement of your employment particulars within 8 weeks of you commencing employment. If they fail to do so they are breaking the law.
Can they terminate your contract if you are off sick? Yes, they can do, but if you have worked there for a year or more you could take them the a tribunal to claim unfair dismissal if you feel the decision is unreasonable or has been done without going therough the correct procedures (i.e. written warning, offer of a personal hearing and offer of an appeal).
2007-09-22 18:48:23 · answer #2 · answered by Tufty Porcupine 5 · 0⤊ 0⤋
Hello cersyanne,
The simple answer is yes.
Although employees are protected under the Employment Protection Act, it does provide employees with the ability to dismiss an employee due to sickness.
The rights you have also depends on how long you have worked for your employers.
My suggestion is to contact The Advisory Conciliation & Arbitration Service (ACAS) and get information and advice from them. This is an independent organization set up to help and advise employees and employers on their legal rights and responsibilities in the work field. It is also a completely free and unbiased service.
The ACAS details are:
Website: http://www.acas.org.uk/index.aspx?articleid=337
Address: Brandon House,
180 Borough High Street,
London,
SE1 1LW.
Helpline: 08457 47 47 47
ACAS does not appear to be contactable via email.
You can also contact The Citizens Advice Bureau. (CAB). This is a completely free and highly confidential organization who will be able to advise you as to your rights and the rights of your employers.
Good luck
Poseidon
2007-09-22 09:40:44 · answer #3 · answered by Poseidon 7 · 1⤊ 0⤋
you really should have a contract of employment in any job you do so im not sure where you stand legally in this one - you could do with contacting a citizens advice bureau or something on this because they may be able to dismiss you without a contract of employment.
2007-09-22 09:25:19 · answer #4 · answered by milliondollar-playmate 2 · 0⤊ 0⤋
without a contract of employment - yes!
2007-09-22 09:17:50 · answer #5 · answered by Pagan Pip 4 · 2⤊ 0⤋
When you have a "contract of will" you can be fired for anything. If you are fired and have a medical reason- doctors orders and such, you should be able to file for unemployment benefits.
2007-09-22 10:05:56 · answer #6 · answered by tmblweed 3 · 1⤊ 0⤋
Yes, unless you are covered by FMLA. (employed for 12 months and company has more than 50 employees)
2007-09-22 09:17:53 · answer #7 · answered by Squat1 5 · 1⤊ 0⤋
If you've been off sick a lot, yes. It falls into attendance policy.
2007-09-22 09:22:06 · answer #8 · answered by Dragonmistress 3 · 1⤊ 1⤋