Sick

[StevePil]

Hi All
After some general advice again.
My friend has been off sick with a repeated illness, had approx 3 months off in the last 12 months (scattered) not odd days, literally signed out for 3-4 weeks at a time.
He has returned to work again the latest time, and been told he has been demoted from his role, and instead of being Cust Serv Manager, he is now a cust serv rep, and his salary has been reduced aswell, they have cited his sickness as the reason.
He has never had absence prior to this illness, and has infact given a lot of service to his company over 6 years.
He is thinking of leaving and getting a manager job elsewhere but is worried about his reference due to absences and can not afford to be out of work.
What is the general view, my view is they are not allowed to do this legally? and he could leave and sue for constructive dismissal?
He has been in the role 1 year and nothing in his contract with regards to sickness
Thanks

[randyraven]

i ) Seek legal advise - start with the CAB. Also some good employment law books available via amazon.

ii) Does he want to work for a company where they dont value him as a person.

iii) It's not allowed by law for an employer to give a negative reference. They can say started on this date ...left on this date ...had x days sick leave.

Good luck

[StevePil]

Thanks for the advice
he is defo looking at leaving, just does not want to be out of work, and does not want a whole legal case but feels badly treated, his absences were 2 months with a broken leg and 1 month with burst appendix aswell, so not like its been sciving off work..

[Twenty20]

Can we just knock this 'employer can't give a bad reference' thing on the head please. So long as its fair, the employer can give whatever sort of reference they wish. Many employers may decide not to give a bad reference but its perfectly legitimate to do so so long as they have evidence to back it up.

A poor attendance record can certainly be stated on a reference. If there's a good reason for it though, such as a broken leg, it probably wont go against the person.

If your friend is still within the first 12 months of his contract it's going to be difficult to form a case unless there's discrimination involved, which doesnt sound likely from what you say here.

[randyraven]

Seek legal advise and if they give you a negative reference and you have a good case , then take them to court.
Warn them of this and that you will name and shame them in the press. This is not the 18th century. You have rights that generations of workers have fought for and won.

[Memore]

employers can only give factual references so if that reflects badly on the employee that is unfortunate ie lots of sick days would look bad but as correctly pointed out above the employer can support with evidence then they can say what they like within reason.

Constructive dismissal is very difficult to prove in tribunal and the majority of cases fail.

Unless he is covered by the DDA people dont really have a legal right to be off sick even with a certificate from the Doctor though this decision seems harsh unless the employer had made adjustements etc they do have a business to run and if the manager is not there maybe for his own health he is better off in a reduced role until he gets himself well

[randyraven]

Twenty20
Mon 21/04/08
10:56 Can we just knock this 'employer can't give a bad reference' thing on the head please. So long as its fair, the employer can give whatever sort of reference they wish. Many employers may decide not to give a bad reference but its perfectly legitimate to do so so long as they have evidence to back it up.


No they can't. This person is talking rubbish.
If they give you a negative reference then sue them.

[randyraven]

"Unless he is covered by the DDA people dont really have a legal right to be off sick even with a certificate from the Doctor though this decision seems harsh "

So your saying someone can be fired for being off sick ...even with a Doctors certificate ?
You sure ....Hope its true.
I like the idea of a Dickens England ...people too sick too work being thrown out of work ...
Bring back the workhouse I say ...
or maybe you are talking crap