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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50197
Experience:  Qualified Solicitor
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I told my employer i was at hospital with my dad. Really i

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I told my employer i was at hospital with my dad. Really i experienced a bad panic attack. I am being treated for anxiety but i was afraid to tell them as i had been off with my diabetes. Can they sack me for a one off
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Hello, not sure if you saw my initial query above - How long have you worked there for?
Customer: replied 2 years ago.
Since 2009
Have they found out what actually happened?
Customer: replied 2 years ago.
They looked my dads name up on electoral roll. They say they rang hospital and they told him he hadnt been admitted. I asked for unpaid special leave. Didnt expect them to pay me but they did. I jave still said my dad was in hospital because it was really hard to back track.
If you had lied about the reasons for taking time off and as a result your employer allowed that time off and paid you then that is a potential case of misconduct. You have misled them about why you needed the time off and have benefited as a result. I must say I am surprised that the employer has gone as far as they did to try and establish if you were telling the truth but that’s up to them. As far as potential dismissal is concerned, for someone with 7 years’ service and I presume a clean record, you would need to be guilty of quite a serious offence amounting to gross misconduct to be dismissed. Whilst in general what you did could in some circumstances amount to gross misconduct you do have a defence here because of the actual reasons behind your actions. You were suffering from anxiety, you had a panic attack, this could amount to a disability in law (it does include mental conditions, not just physical ones), so you could tell the employer that this was a response to your condition and not something you would ordinarily do. Therefore, they should be understanding about what prompted you to do what you did and not treat your actions as that much of a serious offence. This is your basic legal position. I have more detailed advice for you in terms of the rights you have should the employer decide to take disciplinary action and even dismiss, 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
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Customer: replied 2 years ago.
Sorry I was going to reply been sorting my way through everything. I should have thanked you yesterday. You were very prompt and very helpful thank you.
Thank you for the feedback and taking the time to repsond, all the best
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