Dismissing Someone while Sick
Discussion
xjay1337 said:
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You can dismiss employee for any reason within 2 years of employment.
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No, you can't. You can't dismiss an employee at any time if the reason for the dismissal is a protected characteristic, or whistleblowing, or trade union activity, and for a few other reasons such as asserting a statutory right. You can dismiss employee for any reason within 2 years of employment.
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CubanPete said:
She will be speaking to ACAS on Monday for some advice.
How did she find ACAS? When i had an issue with my previous employer (changing my hours of work) and called them for advice they couldn't have been any less interested and i felt as thought making the call was complete waste of time
Longtime Lurker said:
How did she find ACAS?
When i had an issue with my previous employer (changing my hours of work) and called them for advice they couldn't have been any less interested and i felt as thought making the call was complete waste of time
ACAS have been involved with my work during consultation periods before. They were absolutely useless. When i had an issue with my previous employer (changing my hours of work) and called them for advice they couldn't have been any less interested and i felt as thought making the call was complete waste of time
They weren't in the slightest prepared even though the company had advised them the nature of the consultation long in advance.
Through the meeting they were corrected numerous times by other members of our staff.
Just about every question was answered with zero conviction. It could be this......It might be that.....never a straight answer.
The reps decided it was a waste of time using them for any further assistance during the consultation.
CubanPete said:
She has a draft letter to send tomorrow, written by an HR Director friend, if they extend their sick further.
If they comes in, who knows, they haven't made for a comfortable working environment for themselves.
A legitimate redundancy could be an option in place of performance monitoring.
Thanks to those that said, I have reinforced the issue isn't with her, it's the employee.
What does "legitimate" redundancy mean? Surely your wife and/or managers within the charity know whether the job is required or not? Is the charity in the habit of employing people they don't need?If they comes in, who knows, they haven't made for a comfortable working environment for themselves.
A legitimate redundancy could be an option in place of performance monitoring.
Thanks to those that said, I have reinforced the issue isn't with her, it's the employee.
The fact is that you're asking about getting rid of someone because of (perceived) unreliability, poor performance and communication. Adding another 'wrong' in the shape of mis-using the redundancy process in order to remove an employee is only likely to make life more complicated.
Roman Rhodes said:
What does "legitimate" redundancy mean? Surely your wife and/or managers within the charity know whether the job is required or not? Is the charity in the habit of employing people they don't need?
The fact is that you're asking about getting rid of someone because of (perceived) unreliability, poor performance and communication. Adding another 'wrong' in the shape of mis-using the redundancy process in order to remove an employee is only likely to make life more complicated.
They don't have any money and redundancies are looking like a likely option to make savings (across the business). They are a small department, and have been covering this employees work for the last two months. If they are required to get rid of someone, I doubt it will be one of the remaining members of the team that are actually doing their job.The fact is that you're asking about getting rid of someone because of (perceived) unreliability, poor performance and communication. Adding another 'wrong' in the shape of mis-using the redundancy process in order to remove an employee is only likely to make life more complicated.
They have been signed off for a month now with stress. Which is unlikely to have come from work as they haven't been there!
Roman Rhodes said:
CubanPete said:
She has a draft letter to send tomorrow, written by an HR Director friend, if they extend their sick further.
If they comes in, who knows, they haven't made for a comfortable working environment for themselves.
A legitimate redundancy could be an option in place of performance monitoring.
Thanks to those that said, I have reinforced the issue isn't with her, it's the employee.
What does "legitimate" redundancy mean? Surely your wife and/or managers within the charity know whether the job is required or not? Is the charity in the habit of employing people they don't need?If they comes in, who knows, they haven't made for a comfortable working environment for themselves.
A legitimate redundancy could be an option in place of performance monitoring.
Thanks to those that said, I have reinforced the issue isn't with her, it's the employee.
The fact is that you're asking about getting rid of someone because of (perceived) unreliability, poor performance and communication. Adding another 'wrong' in the shape of mis-using the redundancy process in order to remove an employee is only likely to make life more complicated.
TX.
Terminator X said:
The OP hasn't confirmed length of time employed so far. As many have said if less than 2 years then just dismiss then as long as it isn't discrimination of some kind.
TX.
TX.
CubanPete said:
Employee was a temp for three months, then made permanent, probation passed after a further three months, performance dropped off a cliff a soon as probation was signed off (they were looking to start an improvement plan...) and then sick, total service is just under 8 months. Notes have been for neuralgia, colds and sinusitis.
Statutory rights if available override a contract. A contract does not usually override statutory rights.
If there are no applicable statutory rights in play, then the employee can be dismissed with contractual notice or pay in lieu. There is no need to conduct any elaborate procedure if the employee is not qualified for protection against non automatic unfair dismissal. If there is any possibility that the employee might seek to characterise the claimed illness as a disability, then great care must be taken. Great care does not include seeking advice from car enthusiasts on a car enthusiasm forum.
If there are no applicable statutory rights in play, then the employee can be dismissed with contractual notice or pay in lieu. There is no need to conduct any elaborate procedure if the employee is not qualified for protection against non automatic unfair dismissal. If there is any possibility that the employee might seek to characterise the claimed illness as a disability, then great care must be taken. Great care does not include seeking advice from car enthusiasts on a car enthusiasm forum.
Breadvan72 said:
Statutory rights if available override a contract. A contract does not usually override statutory rights.
If there are no applicable statutory rights in play, then the employee can be dismissed with contractual notice or pay in lieu. There is no need to conduct any elaborate procedure if the employee is not qualified for protection against non automatic unfair dismissal. If there is any possibility that the employee might seek to characterise the claimed illness as a disability, then great care must be taken. Great care does not include seeking advice from car enthusiasts on a car enthusiasm forum.
On fire today!If there are no applicable statutory rights in play, then the employee can be dismissed with contractual notice or pay in lieu. There is no need to conduct any elaborate procedure if the employee is not qualified for protection against non automatic unfair dismissal. If there is any possibility that the employee might seek to characterise the claimed illness as a disability, then great care must be taken. Great care does not include seeking advice from car enthusiasts on a car enthusiasm forum.
TX.
Sambucket said:
Breadvan72 said:
Statutory rights if available override a contract. A contract does not usually override statutory rights.
Depends which way? If the contract affords added rights, will overrule the statutory?Sambucket said:
For instance, if the contract specifies a 3 month notice period this contractual notice period overrules statutory notice period.
But doesn't stop the OP say "sorry not working out your 3 months notice starts today" or "sorry not working out here's your p45, 3 months pay (less tax & NI)"Marcellus said:
But doesn't stop the OP say "sorry not working out your 3 months notice starts today" or "sorry not working out here's your p45, 3 months pay (less tax & NI)"
If he tries that with someone he already feels is scamming him, its highly likely the next play is the 'illness' becomes a 'disability' Algarve said:
Marcellus said:
But doesn't stop the OP say "sorry not working out your 3 months notice starts today" or "sorry not working out here's your p45, 3 months pay (less tax & NI)"
If he tries that with someone he already feels is scamming him, its highly likely the next play is the 'illness' becomes a 'disability' Breadvan72 said:
Sambucket said:
Breadvan72 said:
Statutory rights if available override a contract. A contract does not usually override statutory rights.
Depends which way? If the contract affords added rights, will overrule the statutory?Stat generally trumps contract.
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