can they sack me??

katknapp

Hi all,
i have been off work since july with spondiloarthritis and very deep depression,i have done everything by the book where work is concerned,sick notes and also i have had to have meetings with my manager for long term sick i am now about to have my third meeting but have just found out from a fellow collegue who has also been off sick that they have told her she has to be back at work within four weeks or else she will have a final meeting and they will start the proceedure to sack her,can they do this or were they just frightening her as she is now going back to work next week,although there were doubts about her "illness" where mine is a genuine disability,sorry if this is garbled lol

cathyxx

bumache

HI katknapp,
thought I'd lend you my support, even though I'm not really up on this sort of thing. I've been off myself for a while (though not as long as you) and as I understand it we are covered by the DDA, and your work has to make 'reasonable' adjustments. That in itself is not straightforward, as they could turn round and say that its too expensive/not practicable because of the work you do etc etc. Ultimately, I suppose they could 'sack' you on this basis, but have you let them know that you are aware of your rights?? Some employers bully without being aware of individual needs. Have you been in touch with the disablilty advisor at the Jobcentre?? Loads of people on here have, and they all say how helpful they are. Is it time to have a look at the job you do to see if its still suitable for you?? I am a home carer and quite often think its quite ironic that I'm struggling to walk while being 'Mother Hen' to alot of the clients who are ultimately more able than me!! I am 'looking round'!! I do hope someone can help you out a bit better than me, but I wish you all the best and hope you're feeling better soon.

chris7

Hi Cathy

No it is not garbled at all and I can understand your worry but the dealings with your fellow colleague are a seperate issue. You have done everything by the book so try not to fret too much if you can. Not sure if you are meeting with Occupational Health but hang in there. Can your doc or specialist offer any written support which will help you?
I too have seen a very good disability advisor at the job centre who will inform you of your rights so don't be bullied into anything. I hope it all goes well for you. Hang in there.
Chris

katknapp

Hi Bumcake and Chris,
well i have just got back from my meeting and it went ok,i think they could see i was in pain,i told them that i will not be back before my sicknote runs out which will be beginning of march,They have agreed to allow me to be a cashier for 8 weeks and review the situation after that(i work in a large electrical store im a sales advisor)i am on my feet all the time running around after customers,i made it plain i cant stand for long and they have even offered to buy me a comfortable chair lol i have also reduced my hours to 4 hours a day four days a week so it should be managable, fingers crossed!!i feel a bit better about things now i was getting quite stressed,thank you for answering my questionxxxx

caterina57

Hi - I have been following your post as I am in a similar position. Thank goodness your employers have been able to agree to the adjustments for you, I can fully understand how stressed you must have been feeling. Good Luck for your return and in the meantime use the remainder of your sick leave to rest and relax

Cath

katknapp

Hi Cath,
I think i went in acting more confidant than i felt and i told them when i would be back not the other way round,they did however say that if im not back on that date they would arrange another meeting and the procedure would be satrted to dismiss me, so i told them while im off i will be seeing the disability advisor and also cab ,so we will see! i think i let them know i was not going to be bullied...mind you when i left and got to my car my knees were quaking lol!i dont fully trust them i have heard their promises before but at least i now have it in writting

cathyxx

Pherstun

Glad to hear that went well for you Cathy.

I would recommend for anyone who isn't in a trade union to join one, as they are able to assist with support in these sorts of matters. If your organisation doesn't have a TU on site there are some that you can join as an individual member.

Your employer isn't obliged to allow them on site unless it's a disciplinary but having the backup of the TU can often sway your employer's viewpoint!

I am very fortunate in having an employer who is responsible and have provided me with all the modifications I need.

Debbie

chris7

Hi Cathy

Its good to see your update and know that the meeting went well even if the knees did go to jelly! Well done you. I am glad you have managed to get the reduced hours you need and hope it all goes well when you do return. I will cross my fingers for you.
Take care
Chris

maria09

Hi Cathy
Glad its gone your way
You are covered by the Equality Act that changed in Oct 2010
Work has to make reasonable adjustments for you which they seem to be doing
Does your workplace have an OCC Health dept? If so you can asked to be reffered to them for an assessment
Also do you have a union? If so get them involved mine have been a godsend in my fight with HR
Keep strong
Maria x

maggiemay

Hi All

My Ex Partner has been on sick for 9 months, with Cardio Vascular Disease and Chest problems, now he was asked to go to several meetings where the bosses and HR dept had conversations with him, they tried to make him go back to work early.( His work was very labour intensive and cold)

Cut a long story short, he found out that if the company concerned Sacked him while on the sick with Drs letters and sick lines, he could take them up for unfair dismissal. So he told tham at the last meeting he attended if they want to get rid of him, they would have to pay him of, this again was not suitable to management, as if they paid him of owing to him no longer being needed, and they took on another employee soon after he once again could have a case against them.
So finally he handed in his notice, and ended up claiming ESA because he didnt want any more hassle with Management.
Hope this helps in some way to other folk in same position, but this is N.Ireland and not sure if it the same for rest of UK
Regards
Mags

phill

katknapp wrote:

Hi all,
i have been off work since july with spondiloarthritis and very deep depression,i have done everything by the book where work is concerned,sick notes and also i have had to have meetings with my manager for long term sick i am now about to have my third meeting but have just found out from a fellow collegue who has also been off sick that they have told her she has to be back at work within four weeks or else she will have a final meeting and they will start the proceedure to sack her,can they do this or were they just frightening her as she is now going back to work next week,although there were doubts about her "illness" where mine is a genuine disability,sorry if this is garbled lol

cathyxx

Short answer. yes they can.

Long answer. It takes a while to do but what they are effectively doing is releasing you from your contract for not full filling your obligation.

I was a union rep at work for a number of years and I have sat in on countless sacking this way, its never called the sack just termination of contract. The outcome is the same though no job.

At our place it takes about a year of continued absence or roughly 7 or so continued absences within a short period of time to get to that point but someone got the sack about 3 weeks ago for that very thing.

What triggered his last meeting and ultimate sacking? A doctors appointment he failed to mention till it was time for him to leave work to attend.


Unfortunately the chap above me has had some bad advice perhaps better to go see someone from the CAB but trust me after sitting with a lot of people who have been sacked for being absence due to illness doing nothing is not an option.

mellman01

I'm on the way out right now and phil is right on this one, incapability is the catch all, you basically break your contract by going sick, it's a s**t it doesn't matter if you've been caught nicking or told the boss to shove it or you have OA or RA or your dieing from the big C it’s all lumped together, it doesn’t matter if your genuine HR don't care they are simply jobs worth’s so it’s really hit and miss how you get treated you do get good HR bosses but mine is called the ice queen enough said..
My advice is join a union if your not in one and keep a note of all that’s said to you and record and or print all e mails in case you go to tribunal, I guess that’s where I’m headed in the new year.sadly.

topgirl

I take it you work in retail?
Me too.... :???:
They are letting you stay on the till for 4 weeks?...Does someone have to be on the till at all times?...could they let you do this all the time...
?
Is there other jobs you can do sitting down? admin etc...
Under DDA they must give you training to do a different job role if it suits your needs better...
Only you know your place of work and what tasking goes on...
I work in retail to...
I now do more admin and are basically given any jobs that suit me...I did have to fight for all this but I won in the end.....keep fighting em. XXX

Emily

Short answer. yes they can.

Long answer. It takes a while to do but what they are effectively doing is releasing you from your contract for not full filling your obligation.

I was a union rep at work for a number of years and I have sat in on countless sacking this way, its never called the sack just termination of contract. The outcome is the same though no job.

At our place it takes about a year of continued absence or roughly 7 or so continued absences within a short period of time to get to that point but someone got the sack about 3 weeks ago for that very thing.

What triggered his last meeting and ultimate sacking? A doctors appointment he failed to mention till it was time for him to leave work to attend.
Unfortunately the chap above me has had some bad advice perhaps better to go see someone from the CAB but trust me after sitting with a lot of people who have been sacked for being absence due to illness doing nothing is not an option.[/quote]

My employer will not make minor adjustments for me despite my GP fit notes and access to work as well as a letter from my GP enclosing my recent xray showing that my neck and shoulder has got worse due to my working conditions. My GP said that I should be referred to OHA, but this was done in 2008 and recommendations that were made then was to no avail. OHA confirmed that I had underlying health problems.

My employer expected me to stand for all of my shifts or sit on an high stool for all of my shifts this has made my condition worse.

My employer is not small they employs thousands of staff all over, but Access to Work made recommended for a suitable charge for me (price £400) to sit on with change of duties they would not do this for me.

I have been off work now for 6 weeks with pain and having physio for my condition.

Also, my employer will not give me any training for new software or training for the post that they told access to work that I would be doing but they lied about this and will not train me for this job.

Surely if they dismiss me they would not have a leg to stand on due to their negligence

topgirl

was you a union rep before DDA?
Under DDA they have to support you...and they have to PROVE they have done EVERYTHING they can to do so before dismissel...
Under DDA they MUST train you to do a new job that suits you....with support if needed...
If you work for a big company surely they can shuffle things around???
Im not sure what condition you have but they must also allow time off sick for recovery/ or treatment.....I have RA and have had lots of spells of work as my treatment takes ages to work and then stops working again....my work ahve to allow me to be of sick during these times...
they dont like it tho and im sure if they could they would get rid... :eek: