Right, as i'm sure some will know, on the 2nd January i broke my left humerus bone(upper arm).

I work as a salesman for a commercial printing company, covering Scotland and N. England, so i have to drive in order to do my job.

Anyway, i got called into a meeting last week and was told i was finished at the end of the month. Sacked, essentially. As i had (obviously) missed targets for the last 3months, meaning i was well behind for the year and probably would really struggle to make any dent in the loss for the rest of the year.

Now, i have had sick lines from doctors for the WHOLE PERIOD i've been off, as they have not declared me fit to work at all, let alone drive.

I've got an appointment at the citizens advice on friday but i wondered if anyone here knew where i stand or what exactly can be done, if anything?

Because i am sales and on a target/commission based role, can they get rid of me on the basis im not doing my job(even though ive been signed off by doctors?)

What is the stipulations of sacking someone when on the sick? (Links to any info?)

Thanks alot for any responses, just trying to get as clued up as poss, incase im wasting my time!

 

Fuck mate we had a girl in here that was struggling big time she got wind that she was getting the boot & got a sick line for 2 month for stress we couldnt do a thing untill she was back she was on full pay had us over a barrell according to my manager!

 

you cant sack someone while they are off sick as far as im aware, but you can the moment they get back to work

CAB sounds like a good option TBH

 

[quote=Coldo;4810697]

Because i am sales and on a target/commission based role, can they get rid of me on the basis im not doing my job(even though ive been signed off by doctors?)

What is the stipulations of sacking someone when on the sick? (Links to any info?)

quote]

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

 

As said mate, they can't sack you if you have been off with a doctors line.

 

phone acas as they specialise in employment - google them

 

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

 

I can give you the number of a local employment law specialist if you want. I used them last year as I was being disciplined at work for having a month off due to a torn shoulder muscle.

Pretty much the same situation. I couldn;t drive to work, and I worked 50miles away. And even if I could, I couldn;t have used the computer for any length of time and my whole job is on the computer.

I ended up getting a written warning on my record due to what I said above. Then they closed the whole place down about a fortnight later.
I was raging after paying the lawyer to fight it all

 

vrrommttssshhh

 

Carlo's right about the "stress" illness, they're kinda stuck in a corner because disciplining/sacking them could make their illness worse, and lead to a claim against the company!
Someone at the last place i worked did it for ages.....!! Similar situation with depression.

As said above, speak to acas/cab and get their view on it, pretty sure they need to go through the disciplinary procedures 1st though.......verbal warning, written warning and stuff.

Cunts for even trying to sack you while you're physically unable to work!

 

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:

• [*]

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?

 

Was this the place in Lockerbie?

 

Edit: Found it.

 

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...

Cheers fella, have looked them up and will see what CAB say then ring them.

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!

Not at all, in my contract it states;

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.

 

Coldo phone ACAS - they will be able to help mate - i know as I called them last week for an issue i had but they couldnt help as i missed the deadline (which I knew about but was too lazy)

either way they will be able to advise and give you directions on which way to proceed - ACAS 08457 474747 8am-8pm - but lines close 15 mins before.

 

Out of interest have you ever had any other disciplinary offences in work? If you haven't been warned before (verbally or in writing) then its very difficult for employers to sack people without doing so first.

I'd be claiming for lost earnings, and i'd be on the hunt for a new job at the same time - theres no way i'd be wanting my job back after being treated like that. But I suppose thats what its like in sales sometimes