sacked on sick leave

[weeksy21]

hi i was signed off work on the 29 3 08 by my doctor for 17 days as i have had some back and neck pains i have already had a final written warning for my absentce at work i had a dissaplinary on wed and got the sack are they aloud to do this as i was sighned off by the doc with a sick note

[dot.hawkes]

highly unlikely they can sack you for being off sick if you are covered by a doctors note, but have they sacked you for another reason entirely?

[weeksy21]

no it was for taking to much time off they had given me a final written warning in october but atre they aloud to do this while i have a sick note

[buildersmate]

Yes this is perfectly possible. You will have been dismissed on grounds of conduct in that your attendance is not satisfactory. It will relate to the number of occasions and the length of the periods. There is no universal formula - every employer has the right to develop a policy and consider each case on its own merits.
It matters not that you were signed off at the time.

[buildersmate]

By the way, you should have been paid for your notice period.

[factor-fiction]

Buildersmate is right as always, although I think the action here would have been taken on CAPABILITY grounds rather than CONDUCT grounds.
A lot of people are under the impression that employers cannot take action if you are genuinely sick but this isn't the case.
I am assuming that the absences and neck pain were not the result of an accident at work where employer was negligent

[buildersmate]

It depends on the company, Factor, but agree you could be right.
Those companies that have a company medical scheme that retire people early on medical grounds will generally not dismiss on Capability unless there is a genuine single long term ilness which demands the need to invoke the scheme. It often involves independent assesment by the company doctor.

[randyraven]

Says on the Goverment WEB page that they cant dismiss you while your being paid SSP.

http://www.direct.gov.uk/en/MoneyTaxAndBenefit s/BenefitsTaxCreditsAndOtherSupport/Illorinjur ed/DG_10018786

[Whickerman]

If you have been in the job for under a year they can sack you for wearing odd socks if they like.

[factor-fiction]

I wonder whether randyraven has misinterpreted the info onthe directgov site. Yes, the employer can't simply dismiss you just because you are claiming SSP. But if teh emploeyer follows teh procedure it can dismiss you for absence reasons, regardless of whether you are claiming SSP or not

[catmando]

Basically you are employed to do a job of work. If your attendance record is such that your health prevents you from performing your duties your employer has a perfect right to dismiss you for this reason. Most employers have a reasonable attitude and a policy for sick leave but in the end, as I say, they can dismiss you if you are unable to do the job for which you are employed. I suspect you would probably feel the same if you were paying the wages.
Sorry if this is not the answer you wanted.

[buildersmate]

I'd be interested to know where Randyraven thinks it says one cannot be dismissed whilst claiming SSP - I don't see it says anything of the sort.
Sure it is not a reason for dismissal, so an employer cannot say 'I am dismissing you because you are on SSP'. But neither is it a valid defence when claiming unfair dismissal.

[randyraven]

From the Direct Gov Web site ...

What else you need to know
If you have more than one job
You may be entitled to Statutory Sick Pay from each employer.

Your job is protected
Your employer can't end your contract of service to avoid paying you Statutory Sick Pay.

When Statutory Sick Pay ends
If you're still sick after 28 weeks, you can apply for Incapacity Benefit.

Maybe I have miss read the above.

SSP is claimed back from the goverment by your employer.

[randyraven]

So what is being said is ...

Your employer cannot terminate your service to avoid paying you SSP.
However they can terminate it for another reason.

If the other reason is your sick record or poor attendance due to sickness.

I would talk to the local CAB and get them to review your case and give advise.

[factor-fiction]

Disagree with your interpretation Randyraven. I stick by what Buildersmate and I said, although i think the governemnet site could have worded it better. If your interpretation was right people could get SSP indefinitely! As we said, the statement must mean an employer can't simply dismiss you just to avoid SSP- but of course he can dismiss you on incapability grounds provided he follows correct procedures, regardless of whether you are claiming SSP or not.
Is there an employment lawyer here who can confirm this?
But by all means go to CAB/union or get a solicitor.

[luckyforme71]

i don't think they can do that if your doctor says you were unfit to work you can't work seek advise from a solicitor. I've heard people taking people like this to court and won. good luck