Advice on Work, RE. sick and sack!

yzf750r · World Chat Champion Joined: 04 Nov 2004 Karma :

I have been off work for 4 weeks with a injury to my wrist, caused at work, and wrote in the accident book. I have been off work now for 4 weeks and due to go back tomorrow.

Right, a mate from work says they'll get rid of me, but I thought I couldn't get sacked whilst off Sick with a doctors note!

Can they get rid of me or am I right?

Thanks. Thumbs Up

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Rookie · World Chat Champion Joined: 09 Feb 2005 Karma :

They could, and then you could take them to the cleaners for unfair dismissal. Twisted Evil

Ahmato_ · Crazy Courier Joined: 03 Jun 2006 Karma :

Flip · Super Spammer Joined: 28 Feb 2004 Karma :

Then could get rid of you. But, as said unfair dismissal kicks in then. You could make things very awkward for them.

ginguar · Traffic Copper Joined: 19 Feb 2005 Karma :

It depends on how long you have been working for them and what sort of contract you are under. For example if you are still in your probation period they can very easily get rid of you with no come back.

msgander · Brolly Dolly Joined: 31 Aug 2005 Karma :

The regs are very different now, dont worry about your probationary period, especially as it was an accident at work. They'd be hard pushed to dismiss you on being off sick so long alone.

Have they any other issues such as performance etc? Even so, if they do dismiss for the sake of completing a tribunal application which doesnt cost you a penny, go for it!

If they dont go through proper procedures ie inviting you in for investigatory meeting, disciplinary meeting (which they would have to do whatever they are dismissing for, give you the right to appeal their decision, in which case appeal! - because otherwise you have not a lot of clout if you take it to tribunal as you wont have exhausted the process etc etc), then take them for every penny.

How clued up are they?
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RealNinja · World Chat Champion Joined: 18 Mar 2004 Karma :

We had a similar situation where I work, a bloke was run over with a fork lift within 3 weeks of starting with us.

Company paid him full pay for about 12 weeks before they started to make any noise about getting shot of him, but this was mainly down to the fact that it was a work based accident that they could have been held liable for.

I suppose it depends on how much you want the job and how much they want to keep you.

However, what has been said here is true, if they sack you for having the injury you can take them for unfair dismissal while you are on a doctors note.
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yzf750r · World Chat Champion Joined: 04 Nov 2004 Karma :

Hi, thanks for the reassurance!

Like I suspected it was my mate trying to wind me up.

Went to work today and have got to get a note from my doctor to sign me back on. And have to see the company nurse at the end of the month for an assessment but nothing else was said!

Thankyou all anyway! Thumbs Up

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Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

wait!,

Unfair dismissal sounds great , but in fact it is not , sure go sue you boss , win or lose its quite common for them to be bitter and tell everybody about it

"He sued me"

this is a statement of fact not slander or libel and thus can be said aloud without recourse.

which just means unless you want to stay in that job forever you'll never work in the same industry ever again.

Bosses hate trouble makers and if you've been looking at past trends you shouldn't sue bosses , just look what happens bosses are iffy about employing women of a certain age now.

It shouldn't be like this , unfortunately is it
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vixen · World Chat Champion Joined: 08 Oct 2005 Karma :

All they can do is give you a warning if you are on a perminant contract and passed your probation.

You can appleal the warning as the accident was caused at work. Thumbs Up

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Visitor Q · $25 whore Joined: 30 Apr 2004 Karma :

Paul@125power · Could Be A Chat Bot Joined: 01 Mar 2006 Karma :

colin1 · Captain Safety Joined: 17 Feb 2005 Karma :

my understanding is that if you have worked there less than 12 months they can get rid of you for no reason, so some places will get rid for the slightest thing
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biker-dj · Spanner Monkey Joined: 10 Apr 2005 Karma :

My wife had a very similar thing happen to her. She was off work with a bad back, with a sick note etc, her boss said that if she wasn't going to return to work by the next week he would sack her - which he did. She contacted CAB etc and she didn't have a leg to stand on because she hadn't worked there for more than 2 years!! Harsh but apparantly thats something to do with employment law.
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Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

Itchy · Super Spammer Joined: 07 Apr 2005 Karma :

biker-dj · Spanner Monkey Joined: 10 Apr 2005 Karma :

Dragonfly · Super Spammer Joined: 05 Sep 2005 Karma :

well i got it done to me. i crashed my bike 3 months ago and was off for 2 months, yes not work related but they didnt want me back incase i hurt it more and i tried to claim. i was fine when i went back but then my knee which was still sore was playing up and i said it to one the nurses i work with and since then my hours have been changed to bank staff (only called one in blue moon) and i havent worked in two weeks now and i am not even on the rota anymore. sneaky so and sos. so i am out of a job now for sure and nothing i can do about it as they changed my contract i didnt even get chance to sign.
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