sickness

[the girl xx]

hi wondered if anyone can help me ive been of work since aug 6th as i fell whilst out with work colluges and i fell my broke my arm in 18 places my boss now has wrote to me and asked me for consent for access to medical report which i have gave her , my doctor doesnt think i will be able to do my job again as a care assistant do i have any rights with this or can my boss just sack me now ?? any help will be great thanks

[southerngirl]

Your boss will probably retire you on medical grounds, although he can sack you, technically as you have not been contributing to your side of your work contract. However, I don't think this will happen. You will need to see your local DSS and get information from them to see where you stand with benefits etc. and whether you can be re-trained for another post.
It may be that your boss may be able to place you in another post which you could do.

[Ethel]

How long have you worked for this company?

What sort of pension (if any) is in place?

Are you receiving sick pay or wage whilst off work? If so, who from?

All this is necessary to give a proper answer.

[homerthegrea]

As long as you are handing in a sick note they can not sack you, but most places after you have been on the sick for 1 year will stop paying you, but your job will remain open.

[Ethel]

Your employer can dismiss you on grounds of capability - but he must follow the correct procedures.

If he can show you are not capable of doing the job you were employed to do, and there is no alternative job available that you could do, then the dismissal will be fair.

If there is a suitable pension scheme in place you may be eligible for medical retirement.

[the girl xx]

thanks all who have took the time to answer my question yeah i been at the company since jan 04 there is no pension sceme available , since ive been off (aug) my boss has never 1 got in contact with me only via the letter for my medical report , she paid me ssp up until feb than i went on incapacity benifit with the dhss once she finished paying me my ssp she told me that i no longer needed to give her sick notes as she wasnt paying me anymore
thanks again to u all

[dollface72]

If you fell as a result of their negligence you can bring a claim against them,

[the girl xx]

thanks for your reply dolly but no i didnt we were out on a works party