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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68080
Experience:  Qualified Employment Solicitor
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Second opinion] My employer sacked me today for being on 6

Customer Question

second opinion] My employer sacked me today for being on 6 week sick and he sacked me over the phone with no Witness or the director/manager of the office being there. Is this right?
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I haven’t no I am just looking for help
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: My job title is a compliance and training consultant for kareplus
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: That’s it thank you
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 7 months ago.

How long have you worked there for?

Customer: replied 7 months ago.
Since 23rd September
Expert:  Ben Jones replied 7 months ago.

Thanks and what were the reasons for sickness exactly?

Customer: replied 7 months ago.
Investigations for dizziness and collapse cane back tumor and suspected lukiemia
Expert:  Ben Jones replied 7 months ago.

Thank you. As a starting point if you have been continuously employed at you 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 the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

In the event that the reason for dismissal fell within any of these categories, then the dismissal could be automatically unfair and there could also be a potential discrimination claim. In these circumstances the 2-year rule would not apply.

So they could have failed to follow a fair procedure but if the dismissal was due to a disability then it could be automatically unfair. If you get a formal diagnosis of leukaemia, you will automatically be considered disabled as it is a form of cancer and cancer is considered an automatic disability. On that basis you can challenge the dismissal as being unfair and you being the victim of disability discrimination and consider a claim for these in the Employment Tribunal .

Does this answer your query?

Expert:  Ben Jones replied 7 months ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you