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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47863
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ok I have recently bin diagnosed with stress. However just

Customer Question

Ok I have recently bin diagnosed with stress. However just before this because of the illness and because im a typical did not want to seek help. I told a lie to my boss that my father was very ill and needed to leave now fearing they would not believe me if I said I was sick as physically I may have looked ok . If my boss finds out will I lose my job despite illness? And will I have a case for unfair dissmisal?
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 for?
JACUSTOMER-7kvzs3j5- :

17 years and no disciplinaries and never skived before

JACUSTOMER-7kvzs3j5- :

Are you going to answer this please so I can rate you ?

Ben Jones :

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

From what I understand you told your employer you father was ill so that you could leave the workplace, instead of admitting the real reasons. Whilst that is a misconduct offence because you have lied about the real reasons for needing to leave work, it is unlikely that a dismissal would be considered fair in the circumstances.

What will go in your favour is your long service and good disciplinary record, as well as the circumstances in which this happened. 17 years’ service with a clean record, when you were feeling stressed and would not have been thinking properly should mean that you are issued with a warning (likely a formal or even a final one), however should not result in dismissal. It does not mean that the employer cannot dismiss you but if they do, then you will argue that their decision was not one which a reasonable employer would have made in the circumstances and is harsh considering all of the factors mentioned above.

I would hope that this does not result in dismissal but if it does then you may certainly consider challenging this as an unfair dismissal.

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 you need further help or if I can close the question? Thank you