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Can i be dismissed from work when i am off sick?


i have no contract of employment can i be dismissed when off sick with a doctors note

yes

without a contract of employment - yes!

Yes, unless you are covered by FMLA. (employed for 12 months and company has more than 50 employees)

If you've been off sick a lot, yes. It falls into attendance policy.

you really should have a contract of employment in any job you do so im not sure where you stand legally in this one - you could do with contacting a citizens advice bureau or something on this because they may be able to dismiss you without a contract of employment.

Hello cersyanne,

The simple answer is yes.

Although employees are protected under the Employment Protection Act, it does provide employees with the ability to dismiss an employee due to sickness.

The rights you have also depends on how long you have worked for your employers.

My suggestion is to contact The Advisory Conciliation & Arbitration Service (ACAS) and get information and advice from them. This is an independent organization set up to help and advise employees and employers on their legal rights and responsibilities in the work field. It is also a completely free and unbiased service.

The ACAS details are:

Website: http://www.acas.org.uk/index.aspx?articl...

Address: Brandon House,
180 Borough High Street,
London,
SE1 1LW.

Helpline: 08457 47 47 47

ACAS does not appear to be contactable via email.

You can also contact The Citizens Advice Bureau. (CAB). This is a completely free and highly confidential organization who will be able to advise you as to your rights and the rights of your employers.

Good luck

Poseidon

When you have a "contract of will" you can be fired for anything. If you are fired and have a medical reason- doctors orders and such, you should be able to file for unemployment benefits.

If you are paid for work then you DO have a contract of employment, whether it's written or not.
At the very least the employer MUST give you a written statement of your employment particulars within 8 weeks of you commencing employment. If they fail to do so they are breaking the law.
Can they terminate your contract if you are off sick? Yes, they can do, but if you have worked there for a year or more you could take them the a tribunal to claim unfair dismissal if you feel the decision is unreasonable or has been done without going therough the correct procedures (i.e. written warning, offer of a personal hearing and offer of an appeal).

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