Can i Be Sacked If i Have a Sick Note

[chris34720]

Hi guys

 

My question is can i be sacked even though i have 2 sick notes signed by my doctor over the past 5 days ive had viral gastroenteritis and ive had the worst pain in my stomach with than ive ever had before i defiantly could not go to work. Luckily now im on day 6 and im not far better not 100% but im getting there and hoping ill be ok on Friday when i return to work.

 

Basically my sickness started 22nd November until 26th then i still felt crap so went back to my doctors where he signed me off for a further 3 days 26th - 29th.

 

Basically my question is even though ive been off for a total of 7 days they get rid of me, i started my job in telecoms for a contractor back in June since then ive had 2 days off in that 6 month periods for small illnesses but returned to the job the next day.

[SweetLorraine]

Hi chris34720,

 

I'm a little confused. Are you saying you have been sacked or that are you are worried you may be sacked (when you return to work) for being off three times in your first six months with this employer?

 

What is your employment status with the employer? Permanent, temporary, (sub)contractor, agency etc;

 

As you have only been there 6 months you would have very limited employment rights I'm afraid.

[Emmzzi]

sickness with a note and sickness without should be treated the same, makes no difference

[chris34720]

No i havent been sacked but im worried as i have my 6 month review coming up shortly and worry even though i have a note are they going to try and bend crap about to try lay me off but on the other hand they struggle when someone's off so all may be good as i need this job

[SweetLorraine]

Well, perhaps there may be any number of factors coming into a review, how you get on with others, timekeeping, standards of workmanship etc; Everybody gets ill sometime and you do have the GP's sick note. You are back in tomorrow rather than taking a long week-end - that looks as though your are keen and honest.

When it comes to your review concentrate pn your positives rather than trying to double-guess all the possible negatives. All the best with it.

[andydd]

An employeer can take into account periods of sickness when performing reviews, etc. Whether you have sick notes is irrelevant. It may sound unreasonable but that's it. It would of course depend on how long you had been at the company as different laws would apply if you are still in probabtion period or under a year, etc.

[steampowered]

If you have worked there less than two years, they can dismiss you for any non-discriminatory reason or for no reason at all. This includes sickness.

 

If you have worked there two years or more, then you are protected against unfair dismissal. Excessive sickness could be a potentially fair reason for dismissal. However, I think any employer would struggle to justify dismissing for an isolated and justified bout of sickness.