Can I be sacked whilst signed off sick!!

[Superdryguy2k10]

Hi all,

Just a quick question, I was signed off sick due to a separation and stress on 17th may and am signed off til 2nd June but feel pressured to go back to work due to the constant way they promote and demote people.

Has my employer got the right to demote me or release me from employment?

I also get paid a bask wage on a salary but commission on top but a month in arrears and completed the month is which my commission is now due, can they hold this also??

 

Any info greatly appreciated.

[becky2585]

How long have you worked there for?

[Superdryguy2k10]

I have been there since October 2010, but left last April and returned in june

[becky2585]

Then yes, unfortunately they could dismiss you if they wanted to - you need two years continuous service to be completely safe. If you are a good employee though, you may have nothing to worry about.

[Superdryguy2k10]

Is this still the case when signed off by a doctor and is fully documented?

[renegadeimp]

Depends on the reason for the sickness and if your abscence is detrimental to the performance of the company. Your work history can also play a factor as well.

 

As becky said, you need 24 months service to get any real protection. It's sad, stupid and frustrating, but thats the law.

[Superdryguy2k10]

Well I've been signed off with stress, I'm ex forces and have never had any significant time off and have lost 15 days holiday days plus for the last 2 years running.

I suffered a separation with my partner and we have a child also, am I entitled to take time off as the child is under 5 years old also?

[ericsbrother]

Have they started dismissal proceedings or threatened to do so? If not then try not to worry and try and do what your doctor says if they have suggested any therapies. As for your commission, it is common to lose this for your last month when leaving or being dismissed but not for being off sick and still employed. If it does come to the crunch then your employer will have to follow procedures to dismiss you or risk being held to account. The things they should do is give you written notice and tell you about their appeals process. They should also ensure that you receive your correct final pay and pay slip with calculations of all deductions. There are tribunal decisions that determine that bonuses etc are part of your contractual pay so unless there is a clause in your contract about the final month's bonus being forfeit for leaving then you are entitles to any pay that your would have expected so they cant deduct anything owed for more than a month and they cant not pay your bonus if the contract doesnt specifically state that it is forfeit for your notice period. They cant demote you without a capability assessment either and that will be as an alternative to dismissal and not a punishment for being ill.

[Superdryguy2k10]

Ericsbrother, thanks for your help.

No disciplinary action has commenced but I just feel my employer will start this procedure if I do not return before my doctor says I am able.

My contract states that commission is paid at the discretion of the owner and that they Can hold it at any time.

My commission month runs from 11th to 10th and completed my month for the upcoming commission due soon but have been off in this months run if that makes sense.

I am fully aware I may only be eligible for ssp for the period of illness, but a colleague of mine in the same job role was absent for over a month due to a family bereavement and received full pay and full commission, so I'm hoping this sets a precedent when pay day arises

[steampowered]

In cases like this I think it is unhelpful to assume the worst case scenario. If you are a good employee and have taken limited time off in the past, most employers will understand that and act sensibly. There is nothing in your post which suggests to me that you are being targeted and I do not understand why you think the employer will start a disciplinary if you do not return to work sooner.

 

If in doubt the best thing would be to phone your manager and speak to him or her - explain that you are still unable to work and are signed off sick and that you are looking forward to coming back to work and working hard as soon as you can. I may be a bit naive but I think with these things the personal touch does make a difference.