Losing Job Whilst Sick?

[bruce5755]

Can employers sack/fire employees whilst on sick leave from the doctor?

Thanks.

[Sammy Snake]

I would imagine a lot depended on the circumstances i.e what they were sacking you for, how long you had been off sick etc.

If it was something serious such as theft or gross misconduct then I would think that they could, other reasons possibly not.

[bruce5755]

Thankyou S.S., but I was thinking more along the lines of firing someone because of sickness, not for any other reason!

[Hermia]

You can't fire someone for being sick, especially if they have doctors' note etc. I was bullied into resigning from a job when I had health problems. Don't do that! It causes huge problems if you need to apply for incapacity benefit.

[ursula62]

I used to work with a woman who was dismissed while off sick after a hysterectomy. The company's reason was that she would no longer be able to lift the files that came with the dictation tapes.

It was a law firm, so I guess they knew what they were doing.

[Piper-AK]

Ursula, that's terrible for the poor woman!  A company is meant to try to find you alternative work if possible.  I'd have taken them to an ET pronto.

[bruce5755]

Many Thanks to you all for your helpful input!

Much appreciated.

[Loosehead]

You cannot be fired because you are off sick as stated above, you can however be made redundant if the job becomes redundant in the usual way whilst you are sick. More unscrupulous employers have used this tactic on the long term sick before.

[spoutz]

Yes the can, if you are unable to do the job under the terms of your contract.

[Glowworm]

It makes me so mad that people presume that law firms must know what they are doing. The fact of the matter is that law firms often break the law more than most simply because people believe they must know what they're doing and wont challenge them.

I used to work for a large law firm who constantly "bent" the law to suit itself and anyone questioning it would be swiftly dealt with.  Its about time the law in this country favoured the individual not the firm i.e. the most vunerable!

[Glowworm]

Another point - you can be dismissed if your employer can prove you would be unable to do your job within a reasonable amount of time - who's to say what is reasonable?  A lot of employers however, fail to adhere to the procedures, i.e. discussing with you alternative employment etc and on these grounds they may give you more backing for an unfair dismissal case. The law is however, still in nature, very open to interpretation

[bruce5755]

Many thanks to all who have taken time out to reply to this question.

You probably have realised that I have a problem, and am unable to work at the moment!

The history of this problem is; I sustained a serious muscular injury at work whilst working on a vehicle.  I have now been off work for 5 weeks and I have been told that I am unlikely to return for at least 4 more weeks.  My boss realises that I may not be able to carry out my normal duties upon my return.  I am concerned that he may make me redundant as a result, but as I sustained this injury during the course of my duties, does it give me any more rights?