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late with a sicknote

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maggiebowers | 02:06 Sat 03rd Jan 2009 | Law
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can i be held on gross misconduct for being late with a sicknote?
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There is no hard and fast rule that defines what is and what is not gross misconduct. To a certain extent, employers have some leeway to decide what is 'acceptable' and what is so 'unnacceptable' that it constitutes a fundamental breach by the employee of their contract (which is what gross misconduct is). However, assuming this is a first offence, I reckon this is a bit rich.
There are some good resources you can look at here. Look at the statutory process the employer should have followed at Question 4 and 5 in particular.
http://www.wrighthassall.co.uk/resources/faqs/ faq249.aspx

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