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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47623
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been sacked from my job after being injured while I

Customer Question

I have been sacked from my job after being injured while I was work (though I wasn't injured whilst working) and have been off sick for 4 weeks. I am due to have a minor operation which would have meant I was off 6 weeks. I have records of this I.e sick notes and medical letters. Can they actually sack me on these grounds?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there?

JACUSTOMER-0h44vwgm- :

13 months

JACUSTOMER-0h44vwgm- :

Hi, can you help??

JACUSTOMER-0h44vwgm- :

As I have paid £28 I would you be able to give me a brief answer? Thanks

JACUSTOMER-0h44vwgm- :

They have said that I am a health and safety risk

Ben Jones :

Hi, my apologies for the delay, for some reason your question disappeared from my list and I did not know you had replied. Going back to your situation, if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). If you are only off for 6 weeks and this is not a condition which will last for more than a year and have a serious impact on your daily activities, then it will not be a disability which will give you any protection under the above exceptions.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

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