Can I be dismissed?

[signsparkle]

I have worked for my employer for eight years now but over the last 5 years have had a very poor sickness record (for a number of different reasons). I have just returned to work after being away for 9 weeks (all covered with medical certificates) due to 'stress at work'. At my return to work interview, I was told that I am being offered 'without prejudice' 4 months leave (which I am not required to work). I was told this offer is being made so that I might be able to find a local job as 'difficulties in commuting' has been cited as one of the reasons contributing to my stress. Although I have been advised previously that my sickness record has been a matter of concern, nothing 'formal' has been put into place before now. I did ask that, should I decide I do not want to accept this offer, does it mean that measures will be taken to dismiss me on the grounds of capability - and was told 'I don't know - but it might happen'. Can this be done?

[buildersmate]

Yes it can. The company has to go through the correct set of procedures in line with its disciplinary procedure but at the end of the day no organisation has to accept a situation where an employee is unable to fulfill his/her job function and an employer can dismiss fairly on the grounds of capability. It is one of the 'fair' (in a legal sense) reasons for dismissal.

[horsestache1]

Yes, your employer must follow its dicipline procedure, and can go down the inefficiency route to dismissal. Do you have an occupational health practitioner at work? if so talk to them and try and find a way which would make work easier for you, thus preventing your dismissal, and improving your sickness record.

[Cennet]

It looks like your employer is looking to go down the disciplinary route as described in the previous 2 answers

For advice either visit your local Citizens Advice Bureau, Law Centre, trade union if you are a member or the Acas Helpline 08457 47 47 47