Originally Posted by
DanCossie
They will not 'officially' sack you for not hitting you targets as i believe they cant whilst you are sick...However what they will do and I have done it to people is to 'Performance Manage' out of the business. Which can be done in about a week. Which is obviously target related, and you are not hitting your targets so they can legally dismiss you for not hitting targets.
i would strongly recommend going to the CBA or going some employment law forums..there are loads on the net
The above never happened, when i was sacked i was told "it isnt working out, they can't see it recovering when i get back so end of the month i'm done" basically. No proving time or a month to turn it around etc etc...
Originally Posted by
R4N S S
phone acas as they specialise in employment - google them
Cheers fella, have looked them up and will see what CAB say then ring them.
Originally Posted by
vroomtshh
Yes they can. Most contracts have it written into them somewhere, that you must be able to do the job specified. If they can prove you were unable to do the job, then they can go through their disciplinary procedure.
What they can't do is straight out sack you. But TBH, they'll never say they're sacking you due to being ill. I'd imagine you'll be let go due them not being busy/not having enough work in future or some other reason
If i was let go for that, wouldnt it be a redundancy, i.e. they cant employ someone else in the role i was in and they'd have to pay me a redundancy or at least discuss it? None of that happened. If i need that number i'll give you a shout!
Originally Posted by
ABBIE
Long-term sickness and dismissal
An employee's inability to do their job because of long-term sick leave can be a potentially fair reason for dismissal.
However, in the event of an unfair dismissal complaint, an employment tribunal will expect you to have acted reasonably by:
- <LI added="null">consulting the employee and finding out as much as possible about their condition and the likely timescale for their recovery
- considering all the alternatives to dismissal, such as changing the employee's role or hours of work
However, the tribunal will take into account your business' size when deciding whether a dismissal was reasonable.
See our guides on
when an employee leaves through ill health,
managing absence and sickness and
dismissal.
You should also consider whether or not the employee is disabled under the Disability Discrimination Act 1995 when considering dismissal on the grounds of long-term sickness. See our guide on how to
prevent discrimination and value diversity.
Did they offer you anything else that you could of done?
Not at all, in my contract it states;
If the employer becomes concerned that your illness is chronic or repetitive or sufficiently serious to merit professional advice, the employer may require that you be examined by a medical practitioner as selected by the employer who will report on your condition and prognosis. You will provide all necessary consents for such reports.
That never happened.
I was also on SSP so not as if they were paying me a full wage and wanting me to do anything from home etc...
Cheers for the replies, will speak to CAB then see what i can do.