Can you be disciplined/dismissed if off sick?
Discussion
Hi all, I am actually asking for a friend. He is currently off on annual leave for Christmas and prior to finishing was very much on the verge of taking some time off sick due to stress and a few personal issues that have left him struggling. His contract states that he gets full pay for 8 weeks and then after that it drops down to SSP. His employer has been putting people on performance measures and/or disciplinary proceedings recently (possibly as a way to manage some people out of the business). His concern is that if he goes off sick he will put a target on his back and is worried that he might be dismissed/disciplined whilst he is off. I’ve said that wouldn’t be the case but I’m not 100% sure. He’s worked there for 2 and a half years.
Thanks
Thanks
Yes. Is the short answer.
Maybe is the long answer.
He can be disciplined/fired for excessive time off sick, if that is an issue that he has.
He can be disciplined for misconduct/disciplinary/performance issues even off sick.
Whether it would be prudent to do so would depend on the attitude of the management, company policies and many other factors.
It wouldn’t necessarily be illegal, but could end up being seen as constructive dismissal.
With the limited facts available it would be difficult to say.
I’ve certainly disciplined someone who was off sick. It’s a classic delaying tactic by some employees when in ‘trouble’.
Maybe is the long answer.
He can be disciplined/fired for excessive time off sick, if that is an issue that he has.
He can be disciplined for misconduct/disciplinary/performance issues even off sick.
Whether it would be prudent to do so would depend on the attitude of the management, company policies and many other factors.
It wouldn’t necessarily be illegal, but could end up being seen as constructive dismissal.
With the limited facts available it would be difficult to say.
I’ve certainly disciplined someone who was off sick. It’s a classic delaying tactic by some employees when in ‘trouble’.
Thanks all. He hasn’t achieved some of the KPIs Nov and Dec apparently and is concerned that this would normally lead to some form of performance management plan, however if he isn’t in then he’s concerned it would go down the disciplinary route. I’ll send him the comments from this thread though, great advice as always 
They may put him on a performance mgt plan for not meeting KPIs.
However, he won’t be able to carry it out if he’s off sick.
Being off sick couldn’t (shouldn’t) escalate that to a disciplinary matter (completely separate issues).
If they have a decent absence policy, then provided he has a decent absence record, then he’ll be fine with a relatively short period of absence.
If he’s feeling this way, it may be that it is the best thing.
The best advice is for him to speak to his Dr and decide if he is well enough to attend work.
If not, then a period away may well be the best thing.
In these sorts of circumstance a few weeks off often allows a brain reset and he may start to see things more clearly.
If they start messing him about when he returns then he likely will be better able to deal with it, or decide he doesn’t want to work there any longer.
Sometimes, these things tend to work themselves out and turn out to be more in the employees head than an issue at work and everything works out fine,
However, he won’t be able to carry it out if he’s off sick.
Being off sick couldn’t (shouldn’t) escalate that to a disciplinary matter (completely separate issues).
If they have a decent absence policy, then provided he has a decent absence record, then he’ll be fine with a relatively short period of absence.
If he’s feeling this way, it may be that it is the best thing.
The best advice is for him to speak to his Dr and decide if he is well enough to attend work.
If not, then a period away may well be the best thing.
In these sorts of circumstance a few weeks off often allows a brain reset and he may start to see things more clearly.
If they start messing him about when he returns then he likely will be better able to deal with it, or decide he doesn’t want to work there any longer.
Sometimes, these things tend to work themselves out and turn out to be more in the employees head than an issue at work and everything works out fine,
Kind of. If you are continuously off sick, you can be dismissed for being incapable of performing your duties. There is a rigid framework of disciplinary steps, which must be adhered to, but if you’re a massive sick note, you can ( and almost certainly will ) be biffed out eventually.
Yes it happened to me this year. I was agency staff in the DWP for universal credit and I was off sick for two months then went back for a month then ended up sick again and got fired 20 minutes after phoning in sick. Agency phoned me within 20 minutes to say not to go back. Was in DWP for three years. Never had issues health wise until this year.
burritoNinja said:
Yes it happened to me this year. I was agency staff in the DWP for universal credit and I was off sick for two months then went back for a month then ended up sick again and got fired 20 minutes after phoning in sick. Agency phoned me within 20 minutes to say not to go back. Was in DWP for three years. Never had issues health wise until this year.
As you weren't directly working for DWP they didn't dismiss you they just terminated your contract. IMHO (as a manager) it is the only good thing about employing agency staff. Is that it is a lot easier to dismiss them.Drumroll said:
As you weren't directly working for DWP they didn't dismiss you they just terminated your contract. IMHO (as a manager) it is the only good thing about employing agency staff. Is that it is a lot easier to dismiss them.
I do believe things happen for a reason. Since leaving the DWP I’ve now walked into a software engineering job that pays double. I was simply stuck in a rut of dead end low paid agency work in the DWP. Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff