Quizzes & Puzzles1 min ago
Employment
7 Answers
can an employer sack you whilst you are on sick leave
Answers
Best Answer
No best answer has yet been selected by YGannon. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Contrary to what some think, employers can take action when an employee is persistently absent through sickness. It is possible to dismiss an employee fairly for reason of absence through sickness ot indeed other reasons that create absence. That said, the employer has to act fairly and give appropriate time for the employee to improve his/her attendance record. The case would depend on individual circumstances and the employer would have to use the written warnings procedure. So if this the first case of absence, then no. If this is the latest in a catalogue of absences for which the employeee has been warned about attendance previously, then it is possible.
They can, if they wish, have a company doctor declare you unfit for work and retire you on medical grounds (obviously you really would have to be unfit for work, he can't just say you are and expect to get away with it). They can't just sack you for being sick unless you haven't complied with their sickness procedures (if such exist) in which case you would be subject to the usual disciplinary procedures. Of course they could sack you and take the punishment of a tribunal but I suspect that will depend on how much they want to get rid of you.