Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Hi sorry, not not days of course, just another few minutes, thanks
Did you get my response earlier?
Ah...wonder why that is. Could be to do with some technical issues that happen sometimes. Let me see if I can fetch the saved version and repost it
thanks I have seen it, but it won't change my answer as your rights will remain the same
Dismissing an employee due to sickness absence is a potentially fair reason for dismissal under the Employment Rights Act 1996 as it would amount to a capability or even a misconduct issue.
However, to justify it as being fair the employer needs to follow a fair procedure and act reasonably. First and foremost the employer needs to comply with any workplace sickness absence procedures and policies. For example these could list the number or duration of absences before formal action is taken.
In any event, when considering the fairness of the employer's actions, a tribunal would usually look at the following factors:
Dismissal must always be viewed as a last resort by the employer. Only when it is obvious that the employee cannot continue in their job and that there was nothing else available for them to do would dismissal become a fair option. The courts have held that an important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee.
It is also important to consider the additional rights someone would have if the condition that is affecting them amounts to a 'disability'. This can have a broad meaning and there is no single list of conditions that amount to a disability under law. Instead, to establish whether a person is disabled, they need to show they satisfy the legal definition of ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
So in summary, if the employer has not taken time to investigate the true medical position, whether suitable employment was available and generally considered the effects the employee's continued absence would have on the business, any dismissal could potentially be unfair. In addition, if they have failed to make reasonable adjustments in the event the employee's condition amounted to a disability, this could also amount to disability discrimination.
So you have protection in these circumstances and dismissal for a few weeks of absence is rarely going to be fair, we are talking about ling-term absences, such as for months on end or even years before dismissal can be considered necessary.
well i should be suspended until you return to work and can be monitored again
what is the PIP measuring, what is it there for?
just get back to me in the morning, no problem
just want to know will i be getting charged daily or is the payment i have already made for £22 for continuing on from lastnight
ok ignore that question i just have spoken with customer service.
ok back to where i left off last night
the warning was verbal warning for performance, what was asked for me to improve on was tasks like job chats to be actioned on co-workers once a month as not been consistently done, or newsletter to go out once a month at a regular time informing co-workers of the business month and year to date information. Just confirm it had nothing to do with sickness, please excuse me if I come across in anyway not making sense as I am very stressed. I have been to doctor this morning and he has advised and signed me off for 2 weeks with stress. Can I get any trouble for this by my employer. So my previous sick was in Feb 2013 for 4 weeks and as it was classed as long term sick the number of days were not calculated in the absence score so I did not trigger the score level to any type of warnings then. I had 2 days of sick in Nov 2013 and that's it until this week. Thank you.
Hi, you won't be charged again we can continue from last night although the initial 10mins you are allowed has run out but I can finish off my response to the follow up question and include it in that anyway.If the performance measures in the PIP are for tasks you do at work then whilst you are off sick they will not apply and will be placed on hold until you get back to work and the employer is in a position to measure these. As far as being off sick is concerned then if you have to go off sick you simply have to - as mentioned it won't result in a dismissal straight away, or at least it shouldn't when it is just for a few weeks or so, but it could become a problem if it becomes a long term issue, where you are off for months on end and appear unable to perform your job any longer
Hope this clarifies your position?
reasonable contact is allowed but that should be kept to a minimum so they should not pressure you and contact you all the time, as it may even amount to harassment
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks