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can i be fired for being off sick under a doctors certific

 

Customer Question

can i be fired for being off sick under a doctors certificate?

 

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Province/Country relating to question: UK

Already Tried:
my employer has invited me to a disciplinary meeting regarding 17 days off sick, which was covered by a doctors certificate from day 1. I have spinal injuries which will require open back surgery, which im awaiting a date from the hospital. I have returned to work as the drugs ive been given have basically killed the pain in my back. I do this at my risk however further sickness could lead to my contract being terminated, which means to save my job i cant have surgery and must live with it

Submitted: 281 days and 23 hours ago.
Category: UK Employment Law
Value: £28
Status: CLOSED

Accepted Answer

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Expert:  Daniel Smith replied 281 days and 23 hours ago.


XXXXXX XXXXX :

Thanks for your question. I'll try and help you with this. Firstly, I need to know how long have you worked with this employer for so far please?

Customer :

6 years last april

Customer :

i had been suffering with the pain for 6 months before getting signed off by my doctor. attempts to cure with physio, cardio and standard pain killers, which none worked

Customer :

i eventually paid for my own MRI scan on my back at the request of my therapist. from this the doctors saw i have a dangerous situation and so signed me off work

Customer :

being at home helped ease the pain as i was not active. however increased painkillers have eased the pain and so i returned to work awaiting a date from the hospital to begin treatment in an operating theatre to cure my problem.

Customer :

work have said now im back i will receive a verbal warning. any more sickness, i get written warnings and so on.

Customer :

i therefore cannot have surgery or i will lose my job

XXXXXX XXXXX :

okay. It seems to me as though this is a condition which potentially could last in excess of 12 months. As such, it may be classed as a disability for the purposes of the disability discrimination regime.

XXXXXX XXXXX :

As such, the employer is under an obligation to make “reasonable adjustments" to cater for your “disability".

XXXXXX XXXXX :

That is not to say, of course, that the employer must continue to employ you come what may, and to meet any salary the otherwise be payable where you at work full-time. The obligation is only to consider what adjustments can reasonably be made, and to implement them if appropriate.

XXXXXX XXXXX :

However, what the employer cannot do, is simply say that you will be dismissed in the event of a further absences. That is too simplistic an approach, and is one that is almost guaranteed to be considered unfair, if you are subsequently dismissed for any period of absence.

XXXXXX XXXXX :

If you are dismissed in such circumstances, then you would have every right to bring a claim in the employment tribunal for unfair dismissal and/or disability discrimination. Indeed, if the employer fails to do certain things in the course of your employment now, In particular, making reasonable adjustments, that of itself may give rise to an entitlement to bring a claim for disability discrimination.

Customer :

The company has a policy of full sickness pay for the first 6 months sick, 1/2 pay for the 2nd 6 months, then statutory sick pay after that

Customer :

which makes no sence as to why i have to attend a meeting and receive a verbal warning

Customer :

this warning will go on record and tarnish my record and reputation. surely they cant do that given all evidence of my condition has been shown and proven

Customer :

another note, this is my first sickness absence in the 6 years with this company

XXXXXX XXXXX :

I think you are right, it does seem unduly harsh that they are taking this approach. It may be that you are being treated less favourably because of the nature of this illness. As such, you may already have grounds for complaint to the employment tribunal.

XXXXXX XXXXX :

Certainly, you may wish to raise a grievance in the course of your employment.

XXXXXX XXXXX :

you need to do what is right by you, in your medical condition.

XXXXXX XXXXX :

Yes, your employer may not be happy about it, but sometimes, your health is more important.

XXXXXX XXXXX :

And the law does provide protection to people in these scenarios, particularly by way of unfair dismissal rights so if unfair action is taken by the employer, you would be able to make a claim.

Customer :

so if i go to this meeting can i insist on a member from HR / legal is present? basically refuse to accept the warning?

Customer :

i understand the company wishing to investigate my sickness, and i accept that. its the official warnings, marks on my record and the posibility ill lose my job that concerns me

XXXXXX XXXXX :

You can protest at the warning, and say that it is both unfair and inappropriate in the circumstances. If the employer wishes to give you a warning, there is little in reality you can do to prevent him from giving you that warning. The issue is was what effect that may ultimately have on your employment.

XXXXXX XXXXX :

As for your rights with the meeting, you are allowed to take a fellow worker (an employee) or trade union representative with you to the meeting. You cannot stipulate who must attend from their side, but more often than not, they would want somebody from human resources there in any event.

Customer :

oki dokes thanks for that. i think that answers all my questions. can i get a copy of this transcript for my reference?

XXXXXX XXXXX :

If you highlight the address bar above, and save the link address, you will be able to enter it into your web browser later and recall this chat.

XXXXXX XXXXX :

I hope this answers your question. If so, please do rate the speed and quality of service by leaving me a rating. It only takes 1 second to do… If you would like more information, then please let me know and I shall do my best to help out! Thank you!

Customer :

many thanks, i'll be back if the meeting doesnt go well

Customer :

regards

XXXXXX XXXXX :

no problem at all. I hope it goes well. Good luck!

Expert TypeLaywer
Category: UK Employment Law
Pos. Feedback: 97.0 %
Accepts: 274
Answered: 7/1/2012

Experience: JustAnswer

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