My Friend has just been sacked from his job that he only had for 3 Months. He was in a 3 Month Probation period and had 3 days off in that time all spread out over the 3 Months.
Last week he had the 3rd day off but went to the Doctors on that day and the Doctor gave him a sick Note for that day only. The next day he said he wanted to go back to work then they said no your sacked.
Is it legal to Sack someone even if they have a Doctors Note ? Has he got a leg to Stand on if he tries to fight it ?
This is the whole point of a ‘probationary period’ surely?
3 days off in 3 months is quite a lot though, so sick note or not, can you imagine trying to sort your work load / truck cover out around someone so unreliable?
We all are human and all have to have time off now and then, sometimes at very short notice due to illness etc, but you’ve got to see it from the bosses point of view?
waynedl:
This is the whole point of a ‘probationary period’ surely?
3 days off in 3 months is quite a lot though, so sick note or not, can you imagine trying to sort your work load / truck cover out around someone so unreliable?
We all are human and all have to have time off now and then, sometimes at very short notice due to illness etc, but you’ve got to see it from the bosses point of view?
If you look at it from the employers perspective, he’s had 3 sickies (presumably) in 3 months, thats potentially going to be 12 in a year on the current average, and whilst he’s on his best behaviour under probabation so should be making an effort to impress, you can guess where i’m going with this.
If they are within their probationary period then they can be let go for any reason whosoever (or indeed for no reason at all). No comeback, no right-nothing. That’s the point of a probationary period, either party can walk away for any reason.
Also, bear in mind that you can only sue for unfair dismissal once you have been in a job for TWO years unless it is for alleged discrimination or whistleblowing.
It used to be one year but the law was changed in April 2014.
Basically, if you’re sacked in the first two years of employment you’re screwed (and even after that you have to think very carefully before taking action as it’s incredibly stressful and can be expensive-you can’t claim your costs back even if you win).
15 years experience underwriting employment law insurance so have a good handle on the legislation (and have personally gone through an unfair dismissal claim which was months of stress).
Your own words say it all,PROBATIONARY period of 3 months.3 days off in 3 months is not the best thing to do sick note or not
I don`t think he would have a leg to stand on in any Court of Law
Lady ‘V’ works for Dunstable Council & they’ve employed an Agency Temp to help on the phones, he was there 2 days & then had 3 days off sick, worked another 5 days then had a Monday off sick & he’s still there, WTF !!!
I would have got rid after the 1st 3 days off sick.
Every time these people have time off sick, it puts more pressure on the regular/reliable staff.
It seems that these days, it’s the norm to be ringing in sick, especially on a Monday or a Friday (funny that) especially if you get full pay for it, like working for the Council, that’s paid for by the general Public (you & me)
They even get 6 months ‘long term sickness’ that they can use every 12 months & they’re allowed about 10 days per year without any questions (all paid) there’s a few who take advantage, the Missus doesn’t because she gets a day a month Flexi, where she only has half hour lunch & gets the time back in days off.
I think your friend was pulling a fast one as he really must have been seriously ill if the doctor gave him a sick note for one day only, personally I wouldn’t dare try that for fear of being laughed out of the door.
keebs26uk:
Is it legal to Sack someone even if they have a Doctors Note ? Has he got a leg to Stand on if he tries to fight it ?
Thank You
In the UK a person can be dismissed for no reason whatsoever in the first 2 years of employment. He can take it to tribunal but it’ll cost him £1200 to file.
Sadly this seems to be the norm nowadays where some employees think it’s acceptable to phone sick on a regular basis with the slightest of ailments.
Although I don’t wish to pass judgement on the OP’s friend and he may well of been genuine, you have to look at it from the employers point of view, if its a small to medium sized operation losing a driver can cause massive problems, the employer has entered into a contract to supply a service if the service is not fulfilled the client can go elsewhere this could ruin the reputation of the business.
I hope the person involved learns from this, reliability and integrity is part of being a “good” driver.
waynedl:
This is the whole point of a ‘probationary period’ surely?
3 days off in 3 months is quite a lot though, so sick note or not, can you imagine trying to sort your work load / truck cover out around someone so unreliable?
We all are human and all have to have time off now and then, sometimes at very short notice due to illness etc, but you’ve got to see it from the bosses point of view?
I agree.
If I was an employer and a new employee had three days off in his first three months, I’d take some convincing that he was someone I wanted to employ permanently.
Thanks again for the advice my friend was suffering on and off with a personal issue for a long time. Anyway his got his contract out and he says it looks like he may of been outside the Probation period he has kept the texts from his boss to say he was sacked on the 4th Sept. It seems he said he started on 23rd May, I have read online also and it says you have to go through steps to sack someone i.e words followered by a letter ? He never got no warnings
There are numerous steps to fairly dismiss someone but as I and a couple of others have mentioned above these don’t mean ■■■■ unless you have been employed for two or more years.
Until then you have no unfair dismissal rights and no recourse unless it’s alleged dismissal coupled with discrimination or whistleblowing.
Hard I know but the best thing for your friend to do is ■■■■ it up and move on.
One thing he can do for ‘proper’ advice though is call ACAS. They’re usually brilliant and whilst they’ll probably confirm there’s nothing he can do at least he’s got it from an official source. Its free and the helpline number is 0300 123 1100.