Employment Law

[eihpos]

Can you be dismissed when absent from work on a valid note from the doctor?

[Ethel]

Yes.

[pink-kittens]

As Ethel, but it would have to be long term illness and I would think they may ask for you to see their own dr or get a 2nd opinion before they do sack you

[mattie]

Yes, mainly because you sign a contract to turn up for work, and the company contracts to pay you.

If you are not there, even though its through an illness, for long enough, they are paying you to do nothing, hardly good business.

[buildersmate]

Yes.
And it is not as pink-kittens suggests - 'long term sick' (or not) doesn't come into it.
They would have to give you notice, and pay you for that notice period.

[R1Geezer]

you cannot be dismissed purely because of the sick leave, however you can be made redundant if the job is in fact redundant..

[Oneeyedvic]

Yes you can R1

[Oneeyedvic]

But obviously they need to comply with their contractual and legal terms.

[Oneeyedvic]

TSSA Union: http://www.tssa.org.uk/article-1.php3?id_artic le=2282

I have had quite a bit of sickness this year, and the company is talking about sacking me for it. I have had a doctor�s note every time so it was all genuine. Can they still sack me?

Provided the company can show it has acted �reasonably�, by, for example, taking steps to investigate the nature of the sickness and absence, issuing warnings regarding future sickness and consulting a doctor about the nature of your illness, then yes, they do have the right to terminate your contract.

Dismissal on the grounds of capability is regarded as a fair reason.

[squarebear]

And so it should be. Why would anyone be forced to employ someone if they couldn't come in and do the job?

[R1Geezer]

fair enough vic, I always thought that they had to just trump up some reason rather than fire you directly for being sick. However I bow to your obvious recent experience on ths one!

[buildersmate]

Making someone redundant because of their sickness record is a no, no.
You merely stick to your guns and make sure the selection pool of people for redundancy includes the chap whose got a useless attendance record. Far easier than going through the process of Warnings and improvement plans.
Did I say that?

[pink-kittens]

I stand correct BM :)