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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If my employer dismisses me whilst I am signed off sick what

Resolved Question:

If my employer dismisses me whilst I am signed off sick what action if any can I take
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Sorry asked duplicate question by mistake
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for and what was the reason for dismissal?
Customer: replied 1 year ago.
I have worked part time for the company 9 years 1month and am currently signed off by doctor for stress. Employer not happy he has to pay Ssp ! Stress caused by his bullying
Customer: replied 1 year ago.
Haven't been dismissed yet but want to be prepared
Expert:  Ben Jones replied 1 year ago.
It is certainly possible and legal to dismiss an employee whilst they are off sick. However, if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. Just because an employer does not want to pay SSP is not a fair reason for dismissal so the employer will have a difficult time justifying that.This is your basic legal position. I have more detailed advice for you in terms of the rights you have in the event of dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
5 Stars for Ben once more
Expert:  Ben Jones replied 1 year ago.
Many thanks. If you ate dismissed the first thing is to appeal directly to the employer. After that if you are unsuccessful on appeal, you have the option of making a claim for unfair dismissal in the employment tribunal. You have 3 months from dismissal to do so