Nephew's dismissal

[koiman]

My young nephew has been with his employer for 3 years. He has in that time had quite a lot of time off through genuine certified illness. His employer issued written and final written warnings to try to improve his attendance. Very recently he had a case of Infected Tonsilitus and was clearly to ill to work. Because he did not want to loose his job he went to the doctor and asked him his opinion, the doctor agreed, he was not well enough to work.

The doctor issued a full certificate to assist my nephew as he believed the use of a self certificate may result infurther action against him.

The employer sacked my nephew even though his doctor instructed him not to work, this seems very unfair to me. Even though he fully understood the final warning and the 12 months time limit on the warning, IS IT REALLY LEGAL TO INSTRUCT AN EMPOYEE NOT TO BE ILL FOR 12 MONTHS?

[WoWo]

I think the issue if taken further wouldn't be the final instance of sickness but the accumulated effect.

He may well have had a genuine reason this time but not the other times. I think the best advice would be to visit the Citizens Advice Burea and see what they say, I'd imagine that this is something they deal with a lot.

Good Luck.

[Gef]

Not sure what you mean by "genuine certified illness".

In my job I am allowed a certain number of self-certified illnesses within rolling six month period before I would have to attend a meeting with the council's occupational health department. Doctor certified illnesses (ie with a sick line) do not count in this process.

[undercovers]

I am not an expert in the field (only a student at the mo) and i too would advice a trip to the CAB offices but my understanding of persistent short term illness it that the employer is to deal with it like a misconduct case (authority International sports co. ltd v thomson [1980]). this would mean the issueing of warnings re further absence and a review of attendance records. I believe it would appear that the company has indeed atempted to follow the law in this matter - obviously it is unfortunate that your nephew has reoccuring poor health but i suggest that it would be very difficult to now prove that his dismissal was "unfair" as evidence would be required relating to all his absences e.g. even though this one is legitimate and probably provable all the other would also need to be investigated - this investigation would need to be conducted with the assistance of your nephews doctor and a doctor representing his employer. If he feels this is the route he would like to take you will need to see a legal advisor first re accessing an industrial tribunal. Though in my personal opinion (for what thats worth) I'm afraid i wouldn't hold out much chance of him succeeding in this case (based on the facts you have given - obviously if there was more to the story, like illness related to working environment etc then might well feel differently)... Sorry for the long answer and hope he feel better soon

[Hermia]

Where I work you have to see the company doctor and have an appointment with human resources if you have over 12 days a year off. They don't always do this, but they can. If someone is off with one condition than they are usually pretty understanding (e.g. a colleague was diagnosed with ME last year), but if someone just kept taking time off with different illnesses than I think that would be a problem. I think it's a good idea for your nephew to see the CAB, but companies are very wary about sacking people these days (because of being sued) so they presumably feel they have a case.