Employment help

[Rightinit]

5 mins before I finished work today I got called into the managers office and handed a letter.

The letter says that I they are writing to advise me that unfortunately the company is considering dismissing you. for the following reasons.

 

Poor attendance record

Uncertainty about when you will leave

Loss of trust, it has come to light that you have been making false statements and as a result we no longer feel that we can true you to be employed here.

 

The answers to the 3 points above are.

Yes I have been off sick a few times in the last 6 months.

I have been 100% honest and said that I am looking for another job as I need to work closer to home due to our children.

The loss of trust is due to the fact that I have not informed an employment agency where I am currently employed and this agency is the one they use.

 

I have had no warnings verbal or written, my contract was made permanent nearly 3 months ago.

 

Can they do this and can I be dismissed?

 

Thanks in advance

 

Rightinit.

[scousegeezer]

Rightinit,

Couple of questions first, before we can help you. Are you working at your location due to an agency placement. How long have you worked there. If you found the job off your own back , what does the agency have to do with anything. Answers please.

 

Cheers - Scousegeezer.

[Rightinit]

I found the job off my own back nothing to do with the agency. I got taken on 3/3/10 3 month trial and then got a letter 3/6/10 saying I have passed my trial and now permanent.

 

The agency is involved as I noticed a job advertised just down the road from me and I applied for it, the job was advertised through this agency.

[scousegeezer]

Rightinit,

The bad news is that there isn't much you van do anout it ' as you havent been there twelve months. Twelve months is the point were you get some protection. Although if the company were worth their salt they would invoke the correct discipline procedures. Until you have been there twelve months they can dismiss you at any point for whatever they like really. Sorry.

 

Cheers - Scousegeezer.

[Rightinit]

Thanks for your advice. On what grounds would they put as if they do well i should say when they do dismiss me. As I would need to try and put in a claim on my income protection insurance policy otherwise we can say bye bye to our home.

[honeybee13]

Hello, sorry to hear about your problems. On your insurance policy, what does it say about claiming please?

 

HB

[scousegeezer]

Rightinit,

I would have thought that they would dismiss you on grounds sickness record.

 

Cheers - Scousegeezer

[Rightinit]

The level of sickness was mentioned in June I have not been off since and nothing has been mentioned until Monday.

 

As for my policy this is the terms and conditions. I have had this policy for a few years now.

 

• If you are unable to work due to an accident, sickness, or as a result of Involuntary Unemployment, for a period in excess of 30 days, benefits will

be paid direct to you, with the first months benefit payment becoming due as at the 31st qualifying day of a claim period. If you are off work for less

than 30 days no benefits will be paid.

• Claims will continue to be met, during the term of cover, at full calendar monthly intervals until you return to work, or have received the maximum

number of 12 monthly benefits payable in respect of any one period of disability, or any one period of Involuntary Unemployment. A maximum of 24

months Involuntary Unemployment benefit will be paid in all during the term of cover.

• Claims for the same condition or unemployment which are not separated by a period of at least six months full-time permanent work will be

considered one period of claim.

• Once a full duration (12 months) disability claim has been paid for a particular condition there must be a period of at least six months full-time

permanent work before a further claim for that condition can be admitted.

• Once a full duration (12 months) Involuntary Unemployment claim has been paid there must be at least six months full-time permanent work before

a further Involuntary Unemployment claim is admitted.

• The first qualifying day of a claim for disability is the date on which you see a Doctor, whether it be your own General Practitioner or a Doctor at a

hospital, and are certified by them as being totally unfit to carry out your normal employment or occupation. You must continue to be certified as

above throughout the period of your claim.

Involuntary Unemployment for employees:

• Involuntary Unemployment is any unemployment forced upon an individual by a third party and not a route they have taken themselves. Not

restricted to redundancy.

• Payment of benefits will only be made where an employee has become Involuntarily Unemployed, and is in continuous receipt of Contribution

based Jobseeker’s Allowance.

• The first qualifying day of a claim for Involuntary Unemployment is the first day for which the claimant is actually paid Contribution based

Jobseeker’s Allowance. Claimants must be continuously registered with the Employment Service Jobcentre, and in receipt of Contribution based

Jobseeker’s Allowance throughout the entire period of claim.

Involuntary Unemployment for the self-employed:

• A self-employed person is any person, working alone or in conjunction with others, in their own business on a self-employed basis, as declared to

the Inland Revenue.

• Benefit is payable on the total cessation of the self-employed person’s business as notified to the Inland Revenue and confirmed by their Qualified

Accountant and as a result of financial insolvency of the business arising or occurring after the inception of the policy.

• The self-employed also have to be registered through the Employment Service Jobcentre and be receiving the appropriate National Insurance

Contribution Credits. The first qualifying day of a claim for Involuntary Unemployment for the self-employed is the first day for which the claimant is

actually paid the above credits. Claimants must be continuously registered with the Employment Service Jobcentre, and be in receipt of credits

throughout the entire period of claim.

Involuntary Unemployment for contract workers:

• Involuntary Unemployment is any unemployment forced upon an individual by a third party and not a route they have taken themselves. Not

restricted to redundancy.

• Benefits will be payable when at the point of claim you are on a renewable contract and have been with the same employer for more than 2 years

and the contract that has been renewed at least once.

• The first qualifying day of a claim for Involuntary Unemployment for contract workers is the first day for which the claimant is actually paid

Contribution based Jobseeker’s Allowance. Claimants must be continuously registered with the Employment Service Jobcentre, and be in receipt

of Contribution based Jobseeker’s Allowance throughout the entire period of claim.

Applicable to the employed, self-employed and contract workers:

• If you are not sure what your position might be you should seek clarification from the Employment Service Jobcentre.

• You must have been in active full time work for at least 6 months prior to a claim for Involuntary Unemployment.

• Involuntary Unemployment claims arising or becoming expected within the first 90 days of cover are excluded.

 

Accident, sickness or unemployment claims due to or arising from any of the following will not be covered:

1. Attempted suicide, alcohol/drug use unless under the specific direction of a registered medical practitioner for any condition other than drug

addiction.

2. Self-inflicted injury or as a result of elective or cosmetic surgery.

3. Child-birth, abortion or miscarriage, whether existing or not at inception.

4. Sexually transmissible diseases.

5. War, riot, or civil commotion, or military or naval service outside Europe.

6. Pre-existing medical conditions. If you have a sickness, disease, condition, or injury from which you have suffered or for which you have consulted

or been treated by a registered medical practitioner in the 12 months prior to the commencement of the insurance, then that particular condition, or

any claim attributable to it is excluded, until you have been clear of it for a continuous 24 month period prior to the commencement of claim.

7. Mental or nervous disorders, or conditions of a psycho-neurotic origin.

8. When you are not registered for work with the Employment Service Jobcentre or when unemployment is known to be impending at the time of

commencement of the insurance, or within the first 90 days of cover.

9. When unemployment is voluntary or of a normal seasonal nature.

10. When in the case of self-employed persons; the Involuntary Unemployment is not as a result of the total cessation of your business, as confirmed

to the Inland Revenue and confirmed by a Qualified Accountant, due solely to the financial insolvency of your business arising or occurring since

inception.

11. Where you were self-employed and you are not in receipt of National Insurance Contribution Credits.

12. Where you were an employee or contract worker and are not in receipt of Contribution based Jobseeker’s Allowance.

13. If registered on a training scheme, unless you can prove that you are continuously and actively seeking work.

For contract workers, in addition to the exclusions above:

14. Where you were not employed by the same employer for at least 2 years on a renewable contract that has been renewed at least once.

For ANY Involuntary Unemployment:

15. If your employment ends, or if unemployment is known to be impending within 90 days of the start date of this cover.

16. Where you were not in active full time work for at least six months immediately prior to a claim for Involuntary Unemployment

What is the duration of my cover and how / when does my cover end?

Cover is for a fixed term up to 5 years as selected by you on application. Cover remains in force for every month that you honour your Direct Debit and

we may automatically renew your cover if paying by Direct Debit.

All cover under this policy will end and all monthly benefits will stop:

• At 65 or when you reach Government retirement age.

• On completion or early settlement of your loan agreement unless otherwise agreed by Underwriters.

• When you fail to make any monthly payments due.

• On expiry of the term of cover as confirmed in your Policy Document issued on acceptance of your application.

Points to Remember

• You must continue to pay your premiums, including during a period of claim, to ensure that cover remains in force.

[honeybee13]

Hello again and thank you for typing all that. The policy doesn't seem to exclude being dismissed, having had a quick read through. I'd say you're covered under Involuntary Unemployment, noting that you have to be in receipt of JSA. Of course, the only way to be sure is to ask your insurer or to claim, but unless I've missed something, dismissal doesn't seem to appear in what you're posting as an exclusion.

 

HB

Edited August 18, 2010 by honeybee13
clarity