Can i be sacked for long time sickness?!


Question: my boss and his boss are coming today and im worried about what will happen,i have seen a specialist yesterday and have been told i cannot return 2 work for at least another 6 months,so as you can imagine im scared stiff,and also my ssp runs out now 2,any ideas on what im entitled to claim.im 47 yrs old.


Answers: my boss and his boss are coming today and im worried about what will happen,i have seen a specialist yesterday and have been told i cannot return 2 work for at least another 6 months,so as you can imagine im scared stiff,and also my ssp runs out now 2,any ideas on what im entitled to claim.im 47 yrs old.

Hey there, I'm from the US, and I'm no lawyer, but your question was interesting, and I empathized with your worry about being fired, especially as a single parent, so I did a bit of research. The site below seems to give a good outline of your rights and your employer's responsibilities.

Termination for illness requires the employer to prove to the employment tribunal that the termination is fair.
The paragraph that applies to your situation is this:

In cases of ill health, the employer should obtain a prognosis of the medical position, consult
with the employee as to whether any suitable alternative employment is available and fully
consider the needs of its business before dismissal. In ill health situations the risk of a claim of
unlawful disability discrimination may also need to be considered.

Since failing to follow these guidelines constitutes unfair dismissal, if your boss hasn't discussed possible alternative work with you, then he probably isn't coming to fire you, or at least he shouldn't be, legally. They also cannot unilaterally decrease your salary without being subject to a suit.

It's worth noting that you have to have worked there for at least a year to in order to dispute dismissal. You do not need to have worked there any minimum time to file a disability discrimination suit, should it come to that.

There's definitely more stuff on there that applies, but I thought you might find this somewhat reassuring, and it's certainly the first thing I'd be concerned about.

I'm assuming that you weren't injured on the job, since you didn't mention it. If you were, at least in the US, you're entitled to compensation. I didn't find the relevant information in Wales, sorry.


DISABILITY:

As you'd expect, disability discrimination is a complex issue. In short, it seems disability is defined as a condition which has a substantial and long term effect on daily activities, where long term indicates that it lasted, or will last, at least 12 months, or can reasonably be expected to recur.

The employer is required to make adjustments for disabled employees, including changes to physical plant, shifting duties to another employee, or transferring employee to another position. At the same time, the employer can fire employees for inability to perform their jobs. So, if it moves into disability area, it's definitely out of my ability to give intelligent help.

Sorry for the detached tone, I figured I'd want straight information in the same situation. I fervently wish the best for you.

depends what your contract says but yes it is possible.

you will need a sick notice from your doctor

no.they can offer you a pay-off.seek advice from A.C.A.S.look on their website for their number and give them a ring.p.s.it seems odd that they are coming to your house.

It depends on what country and what sort of leave policy you are working under. Also you may or may not have sick leave or long or short term disability insurance through your employer. Your personell office can advise you of this coverage. If you are a temporary or part time employee you may have less leverage for this sort of coverage. It is really hard to answer this question without more information about your specific situation.

hi, are you in England - being sacked whilst sick is unlikely although they may offer you a redundancy deal due to sickness. you should also be entitled to incapacity benefit when you ssp runs out. you need to get in touch with the dwp. they should be able to tell you about any other benefits you can get.

it depends on the company you work and it depends on your medical leave availability.

If you are fortunate enough to be in a union, you be sure and have your union rep there, at the house. I was off a year, and returned to my job, but only through the efforts of my union.





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