Employment law

[Jenkosowls]

A Freind d of mine has just been sacked from work for being ill the scenario is

They have been unemployed for 4-5months worked as a care worker. Oppuntunity arised to work in a new care home got the job. Worked one week then came down with septic tonsillitis and was put on a 9 days course of antibiotics. They informed the care home who instructed them to have one week off. As company procedure means there must be a 48hour all clear zone to stop infection to patients. Which is what you would expect. My Freind said that they was sorry and that they didn't want to leave a bad impression early on the employer stated there was nothing to worry about they have done the right thing.

They said she would need to self certify for 5 days and need proff of illness. Prescribed medication however isn't acceptable?!?! The doctors would not give anything other than a sick note after the first 5 days.

3 days into being off after explaining she couldn't get a sick note the employer contacted her demanding a sick note. To which they then had to lie to get. They handed the sick note in as requested following company procedure. The sick note stated severe septic tonsillitis further examination for glandular fever further 1 week sick note due to nature of work with the vulnerable.

After handing what the employer had asked for they then received a phone call shouting and screaming saying it was unacceptable being ill early on and not a good impression and then proceded to say they had lost the job.

Now to me this is completely unacceptable from the employer the person has done everything asked for everything is 100% legit 100% proven from a medical point. And even the employer told them to have the time off to protect the patients. And yet proceded to sack the person

Where do they stand? Is the employer within there right to do this? Despite everything followed by the book by the employee?

[Piggy]

do some searching on the net...some very helpful and free legal aid put there...

[Connor]

They've opened themselves right up for unlawful dismissal, tell your friend to see a solicitor

[Check30]

Are they with a union?
if not there are alot of different people they can contact about this issue

[Jonny b]

Was he on a probationary period?

[Pompey306mark]

No foot to stand on you have pretty much no rights in the first year or two, unless you get sexually assaulted, fired for being pregnant.

[4WayDiablo]

Think you should disregard pretty much everything anyone says on here and take it to someone who knows a little more about workplace law than any of us.

[Jonny b]

Think you should disregard pretty much everything anyone says on here and take it to someone who knows a little more about workplace law than any of us.

Why's that?
I run a business that employs 15 people that's why I asked my question, we run a probation period

[Pompey306mark]

Most companies run a probation period, it will be in the contract.

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Unfair dismissal
Your dismissal could be unfair if your employer doesn’t:

have a good reason for dismissing you
follow the company’s formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland)
Situations when your dismissal is likely to be unfair include if you:

asked for flexible working
refused to give up your working time rights - eg to take rest breaks
resigned and gave the correct notice period
joined a trade union
took part in legal industrial action that lasted 12 weeks or less
needed time off for jury service
applied for maternity, paternity and adoption leave
were on any maternity, paternity and adoption leave you’re entitled to
tried to enforce your right to receive Working Tax Credits
exposed wrongdoing in the workplace (whistleblowing)
were forced to retire (known as ‘compulsory retirement’)

[Jenkosowls]

No union and was in a probation period but no contract until probation completed. Surely a company cannot ask to prove they was ill then sack them for being ill it's not gross misconduct the company surely cannot go back on its own policy if your ill you cannot work especially when they tell the employee they must take time off work when ill as its in the contract. As far as the employee is concearned they have fulfilled there side of the contract

[4WayDiablo]

Think you should disregard pretty much everything anyone says on here and take it to someone who knows a little more about workplace law than any of us.

Why's that?
I run a business that employs 15 people that's why I asked my question, we run a probation period

That's why I said most people lol
Most people can have an idea but they could be wrong.
What I meant was don't take what most people say as gospel

[Dodgy Bob]

Not a leg to stand on. As a new employee whilst in a probationary period they can let you go without any need to explain or any notice without any legal repercussions whatsoever. Depends on the company but a probationary period can be anything from three months to two years. I was once "let go" for being off for two weeks after my dad died, I'd been on the same job on the same site for a year and a half but the officially the company I had been working for for my first year and a half had "changed its name" or so we were told, actually they had ceased trading and set up a new company so without knowing it we'd all been fired and taken on again under a new company basically they did it for a tax break, and officially I'd only been in the job six weeks, I though I had em by the curlys for unfair dismissal due to bereavement, man did I get shafted but hey it was a lesson learnt!

[procta]

does the company have a head quater your friend can contact? as sometimes head quaters dont always know what goes on lower down the chain. one lass at work took a 10 week break, that you can have stated in our hand book. anyway she came back and was told she didnt have a contract. so she belled head quaters and she was told she did have a contract etc. so our people manager tried to pull a fast one. the lass didnt half lace into the people manager for that.