Dismissal from work, unfair or not????

[jenniechz]

Im really hoping someone can help?

My husband has been working for a company since March 08, so being 15 months. In this time he has had a total of 15 days off due to sickness. The first occassion was because he had a sickness bug in which he went to work but was sent home, this was 2 days. He then got a stage 1 disciplinary. The 2nd time was an accident in work, a bar came down and slashed his face, which he went to the doctor and they advised him not to go to work for 48 hours as no heavy lifting was allowed. This was put in the accident book, when he returned to work, a stage 2 disciplinary was issued. Then came a stage 3 disciplinary for 2 days off due to another sickness bug, of which again he was sent home from work. And now, he has been put on a stage 4 resulting in dismissal, through another accident in work causing him to have his arm in plaster, (he is a lorry driver) and was signed off by the doctor for another 8 working days. He returned to work as quickly as he could on all occassions and infact the doctor has tried signing him off again but he has declined this as he wanted to return asap so not to let the company down, even though he was putting his arm at more risk and pain.

My question to you, is do you think he has a case for unfair dismissal?

[jno]

I have no idea - I am totally baffled by the idea than you can be disiplined for going home when you've been sent home. I certainly hope someone more knowledgeable can tell you he has a case.

[R1Geezer]

Yes, if the compnay is saying the sole reason for the whole disciplinary process is because of sick time off I would have thought that there is valid case for Unfair dismissal.

What does it say in the letters, written warnings etc? About the resons for the disciplinary action.

[factor-fiction]

Whilst the company's actions may seem harsh I suggest we need to bear in mind that the issue here is Capability. Some of the absences were due to sickness of your husband. However if the other accidents were work related the employer could be being harsh here - although employers know that some people would struggle in while others will take tome off for the smallest thing.

[jenniechz]

Thank u for all of your replies!

With regards to capabilities, my husband is more than capable. 2 of the sickness occassions he actually got up at 2am and went to work, but was sent home. And 2 of the occassions were due to work related injuries, because of no training given. He is a lorry driver, his doctor actually told him he was not insured to drive, so the reasoning behind going in and soldering on does not make sense, he legally was not allowed to drive.

[phil1956]

i had the same problem when i was at work.i worked in a sandwich bar and had a sickness bug ,i went in to see my boss and explain i had been up all night vomiting and wouldnt work with food for 48hrs he wasnt pleased.about a month later i got the bug again and had to phone in sick,he wasnt happy so i went out and did his shopping for work to help him out as i felt guilty.i had 2 kids under 5 and unfortunately always picking bugs up.my boss said your not really much help to me so i left before i was off sick again.!!

[ukbod2015]

Accidents at work are not normally included in your sick record so I would challenge those at least.