Tradescanthia Posted December 2, 2011 Share Posted December 2, 2011 I work for a LARGE company, they have tried this trick [and more] on several occasions. They very rarely win a case. Now we have more agency staff than permanent staff they get away with a bit more. The agency staff have no rights and our HR dept lets the agency do their dirty work. Take 'em to court, it wont cost you 'owt. It could come under 'constructive dismissal'. I reckon you will win. As for the poster who reckons he has sacked people on the sick and the one who has no sympathy..........all I can say is "You havent met me yet matey" Scrooge is alive and well in Sheffield.... Link to comment Share on other sites More sharing options...
Ms Macbeth Posted December 2, 2011 Share Posted December 2, 2011 Thanks ill do that. According to HR i have to get my sick note from work, well my former work as it is now then send it to the dss. Sounds like its not going to be a very merry christmas. Make sure you find out the right place to send it. There is no DSS any more, and hasn't been for years, its now the DWP (Dept of Work and Pensions). You'll need to be in touch with Job Centre Plus. If you are dismissed while you are off sick and getting Statutory Sick Pay (SSP), your employer must give you form SSP1. This explains why SSP is no longer being paid. You should complete the form and take it to your local Jobcentre Plus office to claim Employment and Support Allowance Information here: http://www.adviceguide.org.uk/index/your_money/employment/off_work_because_of_sickness.htm#you_are_dismissed_for_taking_time_off_sick Link to comment Share on other sites More sharing options...
Mr Gobby Posted December 2, 2011 Share Posted December 2, 2011 Look at it from their point of view, if you have only been there a short time and now you of sick with depression it tells them you not a safe bet for long term employment. Sorry to sound harsh, but into days climate only the strongest survive. Link to comment Share on other sites More sharing options...
warrior8 Posted December 2, 2011 Share Posted December 2, 2011 I work for a LARGE company, they have tried this trick [and more] on several occasions. They very rarely win a case. Now we have more agency staff than permanent staff they get away with a bit more. The agency staff have no rights and our HR dept lets the agency do their dirty work. Take 'em to court, it wont cost you 'owt. It could come under 'constructive dismissal'. I reckon you will win. As for the poster who reckons he has sacked people on the sick and the one who has no sympathy..........all I can say is "You havent met me yet matey" Scrooge is alive and well in Sheffield.... It isn't anything to do with constructive dismissal. The OP is saying they have been dismised by their company. Constructive dismissal is where an employee feels forced into leaving their company due to the employer's conduct. Further, you cannot make a claim for unfair dimissal unless you have been working there for over a year. Finally, why are you under the impression that it wouldn't cost anything to take them to Court as I can assure you that it would. Link to comment Share on other sites More sharing options...
choogling Posted December 2, 2011 Share Posted December 2, 2011 I work for a LARGE company, they have tried this trick [and more] on several occasions. They very rarely win a case. Now we have more agency staff than permanent staff they get away with a bit more. The agency staff have no rights and our HR dept lets the agency do their dirty work. Take 'em to court, it wont cost you 'owt. It could come under 'constructive dismissal'. I reckon you will win. As for the poster who reckons he has sacked people on the sick and the one who has no sympathy..........all I can say is "You havent met me yet matey" Scrooge is alive and well in Sheffield.... I have no wish to meet you and i have sacked an employee not employees while he was on the sick and i am not going into details. Link to comment Share on other sites More sharing options...
Tradescanthia Posted December 2, 2011 Share Posted December 2, 2011 I have no wish to meet you and i have sacked an employee not employees while he was on the sick and i am not going into details. If someone is on the sick, genuinely, and not refusing treatment, physio or anything else designed to get him back to work then the Certificate of Fitness is a legal document. Now, if you can prove he will not be capable of working in the forseeable future then the 'Capability' element comes into play and dismissal is possible, usually with some sort of compensation. Most employers who do manage to dismiss people who are ill only manage it because the employee is too ill or worn down to fight. I am a cancer patient, so I get employment law advice and support thru' Macmillan. My HR Dept are not happy bunnies. I dont spend much time off work these days but they still bear a grudge. Link to comment Share on other sites More sharing options...
choogling Posted December 2, 2011 Share Posted December 2, 2011 If someone is on the sick, genuinely, and not refusing treatment, physio or anything else designed to get him back to work then the Certificate of Fitness is a legal document. Now, if you can prove he will not be capable of working in the forseeable future then the 'Capability' element comes into play and dismissal is possible, usually with some sort of compensation. Most employers who do manage to dismiss people who are ill only manage it because the employee is too ill or worn down to fight. I am a cancer patient, so I get employment law advice and support thru' Macmillan. My HR Dept are not happy bunnies. I dont spend much time off work these days but they still bear a grudge. He was not sacked for being on the sick just sacked while on the sick . Link to comment Share on other sites More sharing options...
Grandad.Malky Posted December 2, 2011 Share Posted December 2, 2011 Why are some people finding this part hard to grasp . My problem is I have only worked there for like a few months so i think my rights are very limited As an employee, you rights include all of the rights workers have, plus the right to: •a minimum statement of employment terms •Statutory Sick Pay •minimum notice periods if your employment will be ending (eg if your employer is dismissing you) •not be unfairly dismissed •maternity, paternity and adoption leave and pay •request flexible working •time off for emergencies •Statutory Redundancy Pay Some of these rights require a minimum length of continuous service with your employer before you qualify for them. http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Workersemployeesandselfemployment/DG_183998 Link to comment Share on other sites More sharing options...
Wildcat Posted December 2, 2011 Share Posted December 2, 2011 Why are some people finding this part hard to grasp . unfortunately a lot on here think their opinions important whether informed by facts or not. I gave a link explaining situation earlier. Before someone has worked for a year as an employee they don't even have a right to a reason for dismissal. Their only right relevant to this situation is to be told the date of dismissal and appropriate notice, which can be paid or worked. Statutory minimum notice for people with over one months service and in circumstances as described is one week. If the person is entitled to paid sick leave then they may be able to go to an employment tribunal to claim a weeks wages for the week after the date of dismissal. Something that should be resolvable through correspondence referencing of employment law resources like directgov or failing that an appeal process against the dismissal. But I would think it unlikely sick pay rights would be accrued at the start of someone's contract in this day and age so any claim on notice period would effectively just be around when their claim for SSP ends and their claim for ESA begins... something I would think is of practically little consequence to the employer or ex-employee and something better resolved with JobcentrePlus than the employer. Of course there maybe some subtleties in the circumstances and perhaps a difference in amount of benefit the person is entitled to of significance and so advice from a CRB or Rights and Advice centre would make sense, rather than taking opinions on the forum many of which will be no more than off the cuff remarks, wishful thinking or just ill informed. Link to comment Share on other sites More sharing options...
HarmOKnee Posted December 3, 2011 Share Posted December 3, 2011 Grandad Malky and Wildcat are corrrect. My son and another lad were sacked after 3 months during the floods in 2007. The 2 of them turned up for work and hung about for a couple of hours for the acting supervisor to turn up. After 2 hours & he still didn't show up, the lads decided to go home. When the boss came back to work the week after, the supervisor told him that my son & the other lad hadn't turned up at all that particular day and they were sacked on the spot. Me and the other lad's mum tried to take the firm to court for unfair dismissal, but we didn't have a leg to stand on as were were told that our lads had no rights whatsoever unless they'd been employed in continuous service for 2 years. Link to comment Share on other sites More sharing options...
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