Employment Terminated

[Berniecuddles2]

morning all been off work since 1st of march have sciatica quite painful sent in work sick certificates now i have just received a letter telling me they are terminating my employment with them for no reason..no warnings no one has spoke to me about anything ive done nothing wrong if i could go back to work by now i would have but the pain is too much...what is my next step please any help would be good!

[Canary42]

The result of the anti-human-rights brigade watering down essential legislation. It will only get worse as they run rampant after the Act is chopped by the Posh Party.

[murraymints]

if you have been dismissed for misconduct as it were then there can be a suspension period.it will depend pretty much on the form that comes back from employer..can't you appeal to their better side ?

[Berniecuddles2]

i see it as this im off sick no cover goodbye get someone else in !!!

[hc4361]

Instead of speculating, phone them.

[petal54]

thought not able to'sack' people when off sick

[hc4361]

Yes, you can, petal54.

[fiction-factory]

The old legislation (i.e. under Labour) was always one year ,Canary, so Berniw wouldn't have been able to claim unfair dismissal last month or 15-20 years ago.
However if the reason for the illness can be considered to be disability related there may be something to pursue there- provided you advised them of the disability I think.

[EDDIE51]

Sorry but as you have been told, if you have less than 2 years service you can be dismissed without notice or reason. They are within their rights to simply dismiss you and they do not have to give a reason, hard but true!

[Berniecuddles2]

sounds like im better off without them...still so unfair tho

[Berniecuddles2]

so...as i asked before will i be able to sign on straight away if i cant find another job?

[EDDIE51]

Your next step is to look for a new job. You have no comeback on your old employer, as said they do not even have to give you a reason.
If it looks like you may be unable to work some time you can start trying to claim disability benefit for once your sick leave runs out.

[fiction-factory]

These rules do seem harsh when people are genuinely ill and I hope something can be sorted out, but it's understandable a company wants someone to be in place rather than paying for the absentee and a cover person. Maybe big businesses should be able to absorb it and accommodate absent employees- and some do, but for smaller businesses it can just be unaffordable to retain someone with a high sickeness absence record. If we employed a nanny for childcare or regular cleaner we would feel upset about having to pay for cover.
But I hoep bernie can appeal to them on this. You'd need to assure them that there would be a real prospect of a long term return. or you couldpusue the disability issue

[Islay]

I believe so, its only if you resign you can't get public money

[hc4361]

We still don't know for certain that Bernie has been sacked directly because of his sick leave.
His cover may have uncovered some wrong doing.

[Islay]

In order to pursue the disability aspect with the employer and to be covered by DLA the disability would have to ongoing for over a year.

[EDDIE51]

Phone the job center and ask what to do. You have to claim as soon as you are unemployed or you lose the NI contribution that is payed for you.
Job centers are very helpful these days, they will explain what your options are, but do not delay putting in your claim and lose out on your benefits.

[Berniecuddles2]

thanks all for your replies we are going to write a letter to at least see why i've been dismissed ..on another matter they have given me a months notice stating april 16th will be my last day my sick cerfificate finishes 2 weeks before that should my sciatica get better do i have to go back after all this or should i ask for another sick certificate to cover me even if i'm better til the 16th ..to be honest the way i feel i've been treated by them i dont want to go back!

[Berniecuddles2]

eddie i'm part time only do 17.5 hrs a week i dont pay N.I dont earn enough

[EDDIE51]

Islay, DLA is finished now for new claimants , PIP (Personal Independence Payment) has taken it's place.
hc4361 . The only thing they can't sack you for without a reason with less than 2 years service is discrimination due to sex, age or ethnicity. As the company would never admit to any of those , it is pointless asking.

[grasscarp]

On the findlaw website it says
"An employer must provide a valid (justifiable) reason for an employee’s dismissal and show that they acted reasonably in the circumstances."
Even if there is nothing you can do this time, at least it will help you to know the full reason Bernie. I hope you are feeling better soon and that you find another job.