Dismissed today with no warning -

[jc24]

Hi, I was sacked this morning without any warning and was wondering if anyone could offer me any advice?. I have been poorly with pleuresy for two weeks. I had a doctors certificate which I gave to my employer. I was told to return to work doing only light duties as per my doctor, however, I was placed on light duties for one day and then when I mentioned to my manager that I needed longer,nothing changed. In total I have had to take 3 weeks sick due to this illness. I went back to work yesterday and was dismissed today. The reason I was given was that I am not reliable and I am not quick enough in my job. He said that they were unable to offer me more training as they did not have the time so I was dismissed. I have only ever been spoken to once about 3 months ago regarding my speed in the job and was told that I would be offered training to help me get quicker, this never happened. The company have a disciplinary proceedure involving written warnings and a final written warning before dismissal. This did not happen with me. I have been working for the company since oct 18 2011. Could I take this further with a solicitor? I have a 3 year old little boy and wife to support and I feel that I have been treated unfairly. Any help and advice would be a real help. Thanks.

[lbruk]

Hi, welcome to the CAG

 

I'm sorry for what has happened to you. Unfortunately, as you have been employed for less than 1 year an unfair dismissal claim will not stand. As unfair as it might be, and does appear to be from your post, the employer can dismiss you for pretty much anything (bar a disability) until you have one years service.

 

Ou can obviously appeal the decision to dismiss you, and I would suggest you do that ASAP. Appeal on the founds that you feel that they have not taken any mitigating circumstances into consideration.

 

Good luck..

[Jimbob1987]

Unfortunately your employer can get rid of you at any time within your first year without following there disciplinary procedure. This is what is usually refered to as the 12 months rule.

 

However if it can be proven that you have been dismissed due to sex, race, religion, sexuality etc then the 12 month rule does not apply. You would have to show a tribunal that this is without doubt why you where dismissed.

 

J

[Jimbob1987]

Sorry ibruk for repeating what you said, must have been typing at same time.

 

J

[lbruk]

Heh least we said the same!

[RachelMD]

How much notice/ PILON were you given?

You are entitled to a statutory weeks notice here, more if there was a contractual agreement to that effect.

[jc24]

Hi thanks for your reply, they told me they would pay me up to the end of the week.

[lbruk]

Payment in lieu of notice incase you didn't know the acronym.

[lbruk]

What have they paid you? Or said they would?

[Browncow]

Hi, I was sacked this morning without any warning and was wondering if anyone could offer me any advice?. I have been poorly with pleuresy for two weeks. I had a doctors certificate which I gave to my employer. I was told to return to work doing only light duties as per my doctor, however, I was placed on light duties for one day and then when I mentioned to my manager that I needed longer,nothing changed. In total I have had to take 3 weeks sick due to this illness. I went back to work yesterday and was dismissed today. The reason I was given was that I am not reliable and I am not quick enough in my job. He said that they were unable to offer me more training as they did not have the time so I was dismissed. I have only ever been spoken to once about 3 months ago regarding my speed in the job and was told that I would be offered training to help me get quicker, this never happened. The company have a disciplinary proceedure involving written warnings and a final written warning before dismissal. This did not happen with me. I have been working for the company since oct 18 2011. Could I take this further with a solicitor? I have a 3 year old little boy and wife to support and I feel that I have been treated unfairly. Any help and advice would be a real help. Thanks.

Pleuresy is a terrible illness and you will need time to build yourself up again. I am really sorry that you got the sack for being sick and appreciate how worried you are.

 

However, look aftre your health first. Sleep and recover fully.

[Grotesque]

What have they paid you? Or said they would?

 

Until the 27th- another three days.

[honeybee13]

Until the 27th- another three days.

 

We're looking at 2012, Grotesque....

 

HB

[Grotesque]

Yes- 27th April 2012.

[honeybee13]

Well, I'm glad we cleared that up.

 

As this thread has run its course for now, I'm closing it. jc24, if you want to add anything, please contact the site team and the thread can be reopened.

 

HB