terminated employment

[kimbray]

my employment as been terminated due to ill health i have had three admitions into hospital while sick from work and have been diagnosed with cancer my employer constantly phoned putting me under a lot of stress at the time is this a legal right for thm to do to someone

[bednobs]

yes, it is legal to terminate your employment if you are not well enough to carry it out. Your part of the bargain is that they pay you and in return you turn up and work. if you are unable to undertake your duties owing to ill health/treatment/hospital admissions then yes

[meglet]

It may be legal, but its not very sensitive. Good luck with your prognosis kimbray.

[themas]

Don't accept it without looking into the position further.

You may be able to go to a employment tribunal for unfair dismissal - it depends on the circumstances and how long you have worked for the employer. Ring the ACAS helpline or go to your local CAB for independent advice.

[Info Bank]

This is complicated . How long have you worked for the Company.

Is the company a private Company .

Need a bit more info to Give any advice on this.

[Ethel]

Yes, dismissal on grounds of 'capability' is one of the fair reasons for terminating a contract, so is lawful PROVIDED the company followed the correct procedures.

Phoning for updates is also justified - the employer needs to know what is going on, when you are likely (if ever) to be fit for work and so in. It is proper absence management.

Don't forget the employer needs to provide cover for a sick employee's absence and may have taken on temporary staff or allocated overtime.

Your employer may have been insensitive but as long as the correct procedures were followed he has not acted unlawfully.

[JockMcGrotty]

I would agree with Ethel's advice but you should visit the Citizen's Advice Bureau to look into it to ensure that your former employer has fulfilled their contractual obligations to you. You may have a case for unfair dismissal since being diagnosed with cancer alone does not necessarily mean to say that you are incapable of doing the job. It would depend upon all the individual circumstances including length of service and future prognosis.
I am sorry to hear of your illness and wish you well with your treatment.

Jock