Dismissal for signed off sickness

[jenniechz]

Im really hoping someone can help?

My husband has been working for a company since March 08, so being 15 months. In this time he has had a total of 15 days off due to sickness. The first occassion was because he had a sickness bug in which he went to work but was sent home, this was 2 days. He then got a stage 1 disciplinary. The 2nd time was an accident in work, a bar came down and slashed his face, which he went to the doctor and they advised him not to go to work for 48 hours as no heavy lifting was allowed. This was put in the accident book, when he returned to work, a stage 2 disciplinary was issued. Then came a stage 3 disciplinary for 2 days off due to another sickness bug, of which again he was sent home from work. And now, he has been put on a stage 4 resulting in dismissal, through another accident in work causing him to have his arm in plaster, (he is a lorry driver) and was signed off by the doctor for another 8 working days. He returned to work as quickly as he could on all occassions and infact the doctor has tried signing him off again but he has declined this as he wanted to return asap so not to let the company down, even though he was putting his arm at more risk and pain.

My question to you, is do you think he has a case for unfair dismissal?

[Whickerman]

you should repost this in Law and you will get a very fast answer - they're pretty impressive in there sometimes!

[PeteHull]

If the doctor has signed you off you should be off work.
For the first five days of a sickness you need to fill in a self certification of sickness, after five days you need a certificate from your GP.
If the illness is caused through injury at work he needs to contact the HSE (Health and Safety Executive) and report the happenings. I am sure the company think they are using the correct procedures, but it looks likje there is a case for constructive dismissal which would entitle him to reinstatement or compensation.
Don't quote me though, this is only as far as I can work out and I'm sure it is accurate. But to answer your question directly... Yes, I think he has a case for unfair dimisal.

As Whickerman said, Post again in Law and see if there are any clearer answers.

Hth

Pete