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can I be sacked on sick leave?

 
Can I be sacked on sick leave?

Hello, I manage a community project which is managed by a committee from several different organisations, including a charity and local government. I have always had problems with the way the project is managed and have tried to draw the managing committees attention to the problems the project staff and I have been having, but have never been taken seriously. The stress recently became too much for me and, looking back, I realise that I was behaving in a way I would not normally do at work. I started to use the internet (Just generally, nothing dodgy) during my break as a means of escape. This use escalated to something which was unacceptable to my employers (and to me in normal circumstances) I was suspended for using the internet during working hours and had a minor breakdown as a result of both this and the workplace stress. I believe that my bad behaviour was a symptom of this stress. My doctor immediately signed me off work and is keeping a watchful eye on me. I came to my senses after 2 weeks sick, realised that I was never going to improve things at work acknowledged that, on the face of it and to anyone who did not underatend what I was going through at the time, I was as guilty as hell and resigned in writing. I have now received a letter requesting me to go to a disciplinary meeting at which I believe I will be sacked. The letter was a very humiliating read as it outlined everything that I had done in minute detail and made me feel terrible that I should have behaved in such a way. However, I am still not confident, am suffering from panic attacks, nausea etc and I think it will be a while before I am back to my old self enough to get a 'proper' job again. I have two questions and would be grateful if anyone can help: 1. Can they sack me if I am sick and have already tendered my resignation? 2. If they do, will the fact that I have been sacked show up on future references and therefore jeopardise any chances of future employment? Sorry to be so longwinded, thanks for reading this.

dee

22/10/2005 17:51:05

Can I be sacked on sick leave?

I have two questions and would be grateful if anyone can help: 1. Can they sack me if I am sick and have already tendered my resignation? 2. If they do, will the fact that I have been sacked show up on future references and therefore jeopardise any chances of future employment? Sorry to be so longwinded, thanks for reading this.


Long question gets a long answer.

I have never come across this situation normally companies are glad to "help" or "guide" people who cause them grief into resiging.

If you are in a union take union advice.

Personally I would try and delay your displinary hearing until your notice has expired.

If you are on sick leave or go on sick leave, it is unreasonable for an employer to force you to attend a displinary or grievance meeting except with medical advice from a specialist. Also an employer has to be careful that illness is not due to a work incident which breaches health and safety rules, or to an illness that is covered under the disability discrimination act.

Anyone with a well medically defined illness which affects them in any non-minor way either physically or mentally which has or is likely to last a minimum of 12 months is covered by the Disability Discrimination Act. Therefore Stress is not covered by Anxiety is. (Anxiety includes the symtoms you discribe of panic attacks and nausea.)

At a displinary hearing legally you are entitled to be accompanied by any person who is certified as a union officer in the UK or a work colleague. If the individual accompanying you cannot attend at the time specified by the employer, you are entitled to ask for a postponement and ask for a range of times when a displinary hearing can be rearranged. Do this all in writing and ensure that you can prove the letter has been sent by a method that you can prove legally the recipent has received the letter i.e. fax - keeping the fax reciept, handing it in and getting someone in the company to sign that they recieved the letter or recorded delivery and keep the receipt.

An employer must write a reference which is truthful. If you never get to attend a disciplinary hearing before your notice is up, you have not been sacked. Therefore your employer cannot write this. When an employer alleges that a person is going to be disciplined and the act never takes place, if they put this on a reference they open themselves up to being taken to court and sued for deflamation of character. UK law is based on the principle people are innocent until proven guilty (unless they are a terroist)



Slough

23/10/2005 02:03:12

Can I be sacked on sick leave?

Originally posted by Slough:


Long question gets a long answer.

I have never come across this situation normally companies are glad to "help" or "guide" people who cause them grief into resiging.

If you are in a union take union advice.

Personally I would try and delay your displinary hearing until your notice has expired.

If you are on sick leave or go on sick leave, it is unreasonable for an employer to force you to attend a displinary or grievance meeting except with medical advice from a specialist. Also an employer has to be careful that illness is not due to a work incident which breaches health and safety rules, or to an illness that is covered under the disability discrimination act.

Anyone with a well medically defined illness which affects them in any non-minor way either physically or mentally which has or is likely to last a minimum of 12 months is covered by the Disability Discrimination Act. Therefore Stress is not covered by Anxiety is. (Anxiety includes the symtoms you discribe of panic attacks and nausea.)

At a displinary hearing legally you are entitled to be accompanied by any person who is certified as a union officer in the UK or a work colleague. If the individual accompanying you cannot attend at the time specified by the employer, you are entitled to ask for a postponement and ask for a range of times when a displinary hearing can be rearranged. Do this all in writing and ensure that you can prove the letter has been sent by a method that you can prove legally the recipent has received the letter i.e. fax - keeping the fax reciept, handing it in and getting someone in the company to sign that they recieved the letter or recorded delivery and keep the receipt.

An employer must write a reference which is truthful. If you never get to attend a disciplinary hearing before your notice is up, you have not been sacked. Therefore your employer cannot write this. When an employer alleges that a person is going to be disciplined and the act never takes place, if they put this on a reference they open themselves up to being taken to court and sued for deflamation of character. UK law is based on the principle people are innocent until proven guilty (unless they are a terroist)



dee

23/10/2005 14:13:52

Can I be sacked on sick leave?

Thank you so much for your detailed reply. I really appreciate it and will take your advice.

dee

23/10/2005 15:56:07

Of sick and been odffered a new job

I have been recovering from an operation for the past four week's with no sign as yet when i will be able to return to work maybe another two week's I've been with my company for six months and I hate it and have been looking for a new job. today I have been offered a new job and wish to except the role. Can I hand my notice in with mt next sick certificate and can they make me work my four week's notice why on the sick. the comapny manager is very intimerdating and i don't wont to got back and work for him any advise please.

Nikki

25/10/2005 16:14:59

Dismissal for gross missconduct - can i resign before i am sacked?

I have worked for a construction company for the last 10 years with no real problems. the company has informed me that because i failed to achieve a deadline with my work (which they allege may leave them open to legal challange) they are deeming this gross missconduct. I have been questioned about the alleged missconduct, they have documented my responses and have put these in writing, requesting that i respond, upon which, if they are not satisfied with my answers, they are going to dismiss me for gross missconduct.

This has come completly out of the blue and I am devistated The doctor has signed me off work now with stress. Regardless of the outcome, I could not continue working for them. My Question is.........

Can I resign without replying to their accusations and avoid them sacking me?

steve

13/01/2006 14:16:58

Dismissal for gross missconduct - can i resign before i am sacked?

Originally posted by steve:
I have worked for a construction company for the last 10 years with no real problems. the company has informed me that because i failed to achieve a deadline with my work (which they allege may leave them open to legal challange) they are deeming this gross missconduct. I have been questioned about the alleged missconduct, they have documented my responses and have put these in writing, requesting that i respond, upon which, if they are not satisfied with my answers, they are going to dismiss me for gross missconduct.

This has come completly out of the blue and I am devistated The doctor has signed me off work now with stress. Regardless of the outcome, I could not continue working for them. My Question is.........

Can I resign without replying to their accusations and avoid them sacking me?


Yes you can. Just ensure you stay on sick leave during your notice period. They can hold a disciplinary meeting in your absence but legally they will not be advised to.

Slough

14/01/2006 00:49:45

Sick close to finishing Probationary Period

Hello, I am writing on behalf of my husband. He has an employee about to end her probationary period... Before X-mas she sounded very well, thank you, and then after the holidays she came with some excuses, that she was ill, had to run loads of tests... Could not drive, but it was never home. Never mind... Anyway, she has sent an e-mail today informing my husband that she will be back in one month (just when the 6 months are due).

Now, my question is: What happens now? First of all, she has being doing a very bad job (they moved premisses, and things are not even 25% done) and he wants to end her contract anyway... But what about her news about being ill? Does she have to delivery a letter from the doctor? Can my husband ask her to see a doctor of his choice? Can he finish her contract or does he have to wait? Please help.... Thanks/BR

Lelya

PS: lelyadejong@yahoo.co.uk or lelya.de.jong@ericsson.com

Lelya

17/01/2006 21:43:42

Disciplinary Appeal

Hi, hope someone can help. I had a disciplinaery hearing a week ago and my employers dismissed me on the grounds of unprofessional conduct - i don't agree and have lodged an appeal. The problem is that i have been invited for an interview for a new job. What do i tell the prospective new employers and what about a refernce from my exisiting employers? Can someone help?

joseph

26/03/2006 09:32:08

Disciplinary Appeal

Hi, I had a disciplinary hearing yesterday (10.04.06) and my employer dismissed me on the grounds of 'gross misconduct' which I feel is unfair. The problem is when I look for a new job, would it affect my future of never getting one or should I ignore getting reference from my existing employer. I'm very confused and disturbed, and I need some advice please. Thank you.

Jane

11/04/2006 11:37:27

Trying to sack me for being off sick with sick note

I have just recieved a letter from my work place informing me in no uncertain terms that they want me to attend a disciplinary meeting next week to discuss the reason i was off for so long,this letter also indicates twice that they will be getting rid of me basically as they are not happy at all. I have just had 6 weeks off as i snapped my achillies tendon and broken a toe for which i am doing physiotherapy. i wrote a letter each week and rang my boss weekly on my progress and i am going back to work after this weekend. i have been working for this company for 5 months and dispite me having a sick note from my GP and keeping my boss informed at all times im devestated that they are going sack me at this meeting,i have never had any warnings from them prior to this and i'm wondering if anyone can help me with some advice,thanks for reading..please reply hear or email me at ixbrokenhatredxi@aol.com by the way i am a maintenance electrician....or was :o(

Paul

Spearsy

29/04/2006 19:13:45

Can I be sacked on sick leave?

Hi. If it's any help - join the club! I am in exactly the same situation as you, except that I didn't do what I was accused of, and could prove it, so they just trumped up even more charges where it was my word and theirs, and no evidence on either side. The stress of this did me in and I have resigned. But I do know community organisations, so I know exactly what you are going through, and unfortunately I have to say that after 30 years in the business, there are a lot of awful bad ones out there masquerading as the friends of the people and doing awful stuff to their staff. People like you work hundreds of hours in excess time which isn't paid for, get little or no management support, no credit for a job well done....

Anyway, as to advice - my employers tried the same tack, and my doctor, who was very supportive, got to the stage of writing "unfit to attend any workplace meetings" on my sick note because of the way they were acting. If your doctor writes something like this on your sick note it is very hard for them to hold any disciplinary meetings as doing so requires your attendance (for fair play - whatever that is), and to do so leaves them open to legal action if they knowingly do something that damages your health. Although it is possible that they will ignore it, even most poor employers will back off, at least for a time.

That will at least give you some time to think through what you want to do, and whether you want to work for them anyway.

Betel

29/04/2006 22:33:58

accident at work

My son had a accident at work last August 2005, roof trust staple inpaled in his left hand, severed the tendons,nerves and carpole tunnel, had to have micro surgery at Leicester Royal Infirmary,health and safety found employer fully responsible for this accident and they have admitted full responsiblity,he was on sick for months but went back to try light duties, 1 month before time. Before he worked 7 days a week for them and worked hard for the company. He started to feel intimidated by the managment, calling him staple Luke, saying he could do more he tried to work hard but he was restricted by his hand and the feelings in his fingers, he started to get flash backs of the accident not sleeping. On a visit to see the out patients regarding his hand he was told that the tendons had knitted together and neded further surgery, all this has got to much and he was off work with depression, part being work related, the employer requested a meeting with my son and have stated that he was late for work three times,this being he could not ride his bike to get there and relied on a lift but the lift was sometimes late he informed the employer of the situation, talking!! when others were doing the same, he explained all this at the meeting,three days later they sent him a letter terminating his employment while he is on a sick note, he appealed, giving him seven days to reply he has appealed, they have taken 30 days to reply saying they want a meeting with him next week, yesterday he had to have his hand opened up again and have the tendens sorted and a lump removed, this will take a further six weeks to heal then he needs to have physio to stengthen his hand. he has a solicitor sorting the accident, but has he got the right for a tribunal regarding terminating his employment?do they have to reply within a certain time?PLEASE WE NEED NEED HELP MY POOR SON HAS GONE THROUGH HELL, HE'S 23 YEARS OLD PLEASE CAN YOU GIVE US ADVISE CAROLYN DINES

CAZ

17/05/2006 21:38:00

can my boss sack me after i have resigned

I have worked for my employer for two and a half years, recently i handed in my resignation bearing in mind i also lived at my place of work, is my boss in her rights to sack me that day and evict me from my home immediately

Chrissy

03/06/2006 11:24:23

am off because i hate my job signed off sick but have been offered an new job!

hi i have been struggling to cope with a job i have hated for a long time and the doctor signed me off with depression and i vowed to solve the problem by getting a new job which i have but its to start straight away and im still signed off and i dont want to lose it!can i hand my notice off when sick so that i dont have to come back?

blakey

05/06/2006 17:55:41

am off because i hate my job signed off sick but have been offered an new job!

Originally posted by blakey:
hi i have been struggling to cope with a job i have hated for a long time and the doctor signed me off with depression and i vowed to solve the problem by getting a new job which i have but its to start straight away and im still signed off and i dont want to lose it!can i hand my notice off when sick so that i dont have to come back?


Yes. If your illness is related to your job conditions, first ensure that your doctor has it on your medical notes that your illness is caused by your work and then resign with immediate affect.

Slough

05/06/2006 18:34:12

employment

i have been on sick leave for 4 weeks with stress and anxiety . i went to the doctors and he gave me another 2 weeks of work. i took my sick note to work and she sacked me can they do that

louise

11/08/2006 14:33:58

Being off work with depression

I have suffered depression on and off for 7 years now, and have recently beeen put on medication again. Citalopram. I am experiencing side effects, and am too depressed and anxious to go to work. Hate going out of the house never mind anything else! I have only been in my present job for 5 months, and my career is very important to me. I really don't want any of my depression to effect my work, but it is, and will do for another couple of weeks till the tablets kick in. I am scared of getting sacked, or, if in the future i move on to other things, no one will employ me, cause i have been off sick alot. I also can't afford to be off work, i am finding this impossible to deal with. Any advice?

Jennifer

18/10/2006 08:42:03

am off because i hate my job signed off sick but have been offered an new job!

Originally posted by Slough:


Yes. If your illness is related to your job conditions, first ensure that your doctor has it on your medical notes that your illness is caused by your work and then resign with immediate affect.

MAC

18/10/2006 09:08:08

am off because i hate my job signed off sick but have been offered an new job!

Hi Slough, I think the advice you give is wonderful, could you please look at my posting? It is 17 October and headed "STRESS AT WORK ADVICE PLEASE" most grateful MAC x

MAC

18/10/2006 09:10:02