Sacked whilst on the sick

[LNRV]

Would you like to inform us of these “rights” ……… other than the obligatory ones like age, sex and religion what rights does someone with a few months under their belt have?

 

i was clearly stating what i thought, shouldn;t take things off here as gospel anyway!! purely advice!!

[Conrod]

If you've only been with them for a few months, and have already been off for 'a few weeks', you can hardly blame them.

[jaffacake]

No offence as I do not know why you are depressed, but I don't have a great deal of empathy for this case. Why should an employer pay some 1 to be off sick for a whole month who has been there under a year? I do believe the rights are far too much on the employee's side sometimes.

 

As I said no offence, Not aimed at you just a valid point.

 

Well you certainly have got something to be depressed about now - how do you pay the bills?

 

If I were you, get on your hands and kness and get your job back. When you can't pay your bills, then you will look back onto your 'depression' with rose tinted spectakles

 

 

Do you know sometimes i really despair with the people on this forum. The OP has come on asking for advice and is getting people judging them for having depression and being off work. None of you know Why the OP has depression or anything about them.

 

I myself have suffered with depression for quite a long time, and although i still hold down a full time job and other things, i can understand why some people need the time off.

 

I have no idea whether the OP can be sacked like this, i would expect they would at the very least need some kind of notice, even if it is just a letter or phone call from their manager, hopefully they can get some help, as others have said get in touch with CAB and good luck.

 

And maybe others if they can't be helpful or nice, shouldn't be so judgemental about things they know nothing about.

[Gordonb]

From memory we used to work on the basis of less than a years service meant that we could ask a person to leave without any reason needed to be given. Don't think we ever did it to someone off sick though. Out of interest are there any reasons why the HR department might not have your upto date address?

Are your tablets strong enough or do you need to up the dose?

I ask only because I am just off to the docs in 10 mins

[Moonbird]

Sorry to hear about what has happened to you and just when you are feeling least able to deal with it too

Not too sure of the legalities in this case but it did bring to mind the way that they are throwing people off the sick saying that they are fit for work...well this certainly shows an employers attitude towards employing people with depression doesn't it? so very hope inspiring ha!

I really hope that things look up for you really soon.

[Leah-Lacie]

My partner had a hip operation a few years back, after suffering from Perthese disease. The doctors advised 3 months off work, but said he would be ok and mobile after 1 month, which meant he could have gone back to work after a month. His boss, who was also his best friend, didn't want to pay him sick pay at all, and told him he had to let him go. He obviously knew why, but his boss put the reason in the dismissal letter down as there "not being enough work on". Nothing he could do about it really

[truman]

My partner had a hip operation a few years back, after suffering from Perthese disease. The doctors advised 3 months off work, but said he would be ok and mobile after 1 month, which meant he could have gone back to work after a month. His boss, who was also his best friend, didn't want to pay him sick pay at all, and told him he had to let him go. He obviously knew why, but his boss put the reason in the dismissal letter down as there "not being enough work on". Nothing he could do about it really

 

Wouldn't that have been redundancy rather than dismissal..there's a huge difference..

[Leah-Lacie]

Wouldn't that have been redundancy rather than dismissal..there's a huge difference..

 

They called it 'laying off'

 

It was a lie anyway, there was plenty of work on, and still is, he just needed an 'official' reason to do it

[Leah-Lacie]

And in my partner's case, his boss knew of the illness, and that he was waiting for an operation, for over 5 years.

[Wildcat]

The employer doesn't even have to give a reason for a dismissal before a year is up.

 

The only legal entitlement in this case that I can see is to one week's notice of dismissal. If today is the first day HR have told you you were dismissed you could ask them to pay you sick pay covering the period of illness and to one weeks time. Assuming you get sick pay... if not the notice of dismissal will be pretty meaningless.

 

Maybe there is something else to claim but I don't think there is. Always best getting a second opinion, from a CAB or rights and advice centre.

 

You might find this of use:

 

http://michaelscutt.co.uk/2011/02/07/unfair-dismissal-without-12-months-continuous-employment-experience/

 

Whilst you are covered by a sick note you should probably make a claim for employment support allowance or something, and do that ASAP, because they might not backdate the claim.

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/index.htm