Can I be finished from my employer whilst sick?

hip1977 · 20th November 2008, 08:18

Hello,

I am currently off sick from work and have been now for 6 months. I am cabin crew and the doctor has told me i cannot return to cabin crew duties. However, i have been told by the company doctor that i will be able to return to ground duties on a part time basis to start. I have the following questions..
a) i cannot afford to go back to work on a part time basis as i wouldnt have enough money to pay my mortgage or other outgoings.
b) My company tell me though, there is no ground duties or office based work to go back to.
C) what happens then to me?

Can they finish me on the grounds of being no office work?
Will the company have to pay me any kind of compensation or like as they cannot offer me any work?

I do have a full time contract so would like to know where i stand.

Kind Regards

elche · 20th November 2008, 09:31

Quote:

Originally Posted by hip1977

Hello,
C) what happens then to me?
Can they finish me on the grounds of being no office work?

Absence from work as you describe can be the basis of a fair dismissal, as it can make the employee incapable of doing the job.

As for whether any eventual dismissal, if indeed you are dismissed, is fair will depend on factors including (but not limited to):

a) The type of job you did and what reasonable adjustments could have been made to accommodate your health condition
b) Whether your employer looked at alternative jobs you could do in their organisation
c) What exactly the medical evidence said and whether your employer has attempted to obtain up to date medical evidence
d) Whether you were warned in advance that dismissal was a possibility

If an employer follows all the correct procedures a dismissal of a sick person can be a fair dismissal.

Regards

Che

hip1977 · 20th November 2008, 10:06

So am i right in saying that whilst i am sick and sending in sick notes..i can still be dismissed?

elche · 20th November 2008, 14:34

Quote:

Originally Posted by hip1977

So am i right in saying that whilst i am sick and sending in sick notes..i can still be dismissed?

Well whilst you could be dismissed, you should have been invited to a welfare to work meeting where your employer reviews the current medical evidence, prognosis etc.

At this meeting they should also discuss alternative work and reasonable adjustments, and any other relevant issues.

Once this meeting has taken place, you could, in theroy, be dismissed on grounds of medical capability BUT on;y if the medical evidence supports this and there is no alt emp or reasonable adjustments that could reasonably have been made.

Che

borisbeaver · 20th November 2008, 15:09

Quote:

Originally Posted by hip1977

So am i right in saying that whilst i am sick and sending in sick notes..i can still be dismissed?

You can be dismissed due to long term illness.

p_cas · 21st November 2008, 14:25

Yes, you can be dismissed for being off sick and whilst off sick.

However, a larger company would be expected to be able to make more reasonable adjustments than a small company in finding you an alternative role.

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