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Sacked for being off sick!? |
My daughter has been sacked for taking too much time off sick, most of which was covered by a doctors cert, when she applies for a new job does she have to declare that she was sacked ? and will her old employers have the right to tell the reason she was dismissed, ? we live in Northern Ireland , its just tricky knowing how to fill in new applications...Any help welcome..thanks If she has less than one year of employment then there is nothing she can do about it unless she was discriminated against under the Disability Discrimination Act 1995. That then becomes automatic unfair dismissal. Assuming she has been there for more than a year then was a disciplinary procedure followed? The minimum acceptable procedure is the ACAS Code of Practice 1 (Revised 2000) Disciplinery and grievance procedures. If she was just "pulling a sickie" then tough. The Employment appeals tribunal (EAT) will take a dim view of her conduct. If she was genuinly ill then evidence from her GP will be helpful. The employer may try the "frustration of contract" bit on the grounds of a breach of the implied terms of contract of employment at common law. Talk to a solicitor or the citizens advice bureau. Normally employers ask for the candidate name their referees. It need not be your last employer unless they specifically ask them to be included which is not normally done. Source(s): Kidner R. Blackstone's Statutes on Employment Law13th Ed. Wallington P. Lee R G. Blackstones Statutes on Public Law and Human Rights 15th Ed. was she in a union? yes and yes i`m afraid. it is not worth lying as there is a high possibility they will find out, they won`t look too kindly on that. really need more information how much time off did she take? what is her position? is the cause of this time off resolved? depending on her age/level of position it may be trivial or it may haunt her, depends on the above mentioned variable (any a few that I may have missed) She will have to give reason of being sacked unfortunately, that's the law. You say "most of which was covered by a doctors cert" - if any wasn't, that's perfectly legal grounds for being sacked I'm afraid. She should just be honest with any potential new employers, and she'll need a reference anyway. well i dont know i was in the same situation and it nevr worked out 4 me |
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