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Original poster

Can you be fired for being signed off by the doctor?

19 replies

Brievandekamp · 04/02/2020 22:19

My doctor has mentioned signing me off before due to stress/depression. I've never felt like I really needed it but now I might. If I get signed off for however long (be it a week, two weeks or more) can I be fired from my job? I've been there 10 months full time. It would entail a shop I run being shut until I'm back. I feel like they could say it won't work due to the whole situation. Can they fire me?

OP posts:

VivaLeBeaver · 04/02/2020 22:20

I think if you’ve been there less than 2 years they can fire you for any reason as long as they don’t breach equality laws.

Original poster

Brievandekamp · 04/02/2020 22:21

Excellent

OP posts:

cushioncovers · 04/02/2020 22:22

They can't fire you for being sick but sounds like it's not the right job for you.

Original poster

Brievandekamp · 04/02/2020 22:23

Within the last four months, I've had an early mc, a parent die and now my husband wants a divorce. Being fired might just nail it for me

OP posts:

LisBethSalander07 · 04/02/2020 22:23

Given you've been there less than 2 years, then yes they can.

What happens when you take annual leave?

Original poster

Brievandekamp · 04/02/2020 22:23

@cushioncovers it's nothing to do with the job, it's for the reasons above.

OP posts:

Original poster

Brievandekamp · 04/02/2020 22:24

@LisBethSalander07 at the moment I'm due more annual leave than I should get as I've had quite a bit of last years carried through to this year. This will be resolved in April when they recruit more staff but I don't feel like I can hang in there until then.

OP posts:

TDMN · 04/02/2020 22:26

Ring ACAS, i dont think they can just fire you for being sick once, they must have a backup, what would they do if you took annual leave?
Big hug. Not a nice situation, adding to your stress. Hope you get the rest you need and are on the way to recovery soon x

thewinkingprawn · 04/02/2020 22:27

I’d tread very carefully. You surely can’t be allowed absolutely no annual leave until April. Can you take some even if it’s just a few days? Rather than them having to shut a shop for 2 weeks. Loss of revenue etc I can see why it wouldn’t be viewed favourably.

TheNoiseHurts · 04/02/2020 22:28

Well your husbands an arsehole isn't he?!

What sort of job do you do? Can you speak to the manager before you officially take it off? Discuss the chance of taking it as annual leave?
Tell them you're worried about losing your job.

For your sanity, literally, you need to put this out there and get the best possible result for your future and wellbeing.

LisBethSalander07 · 04/02/2020 22:29

Sounds like you're having a really shit time of it, OP.

As an employer myself, if someone was struggling, I'd want to try and find some sort of workable solution. If someone genuinely needs time out, then we try hard to find a compromise. But obviously having to close a shop means it could have serious financial consequences for your employer. And you too, having to claim SSP.

I hope thinks get better for you soon

ImNotWhoYouThinkIam · 04/02/2020 22:32

I've been off sick with depression/anxiety for almost a year. Work are pushing me to resign and have said they might terminate my contract if I don't. I've got an appointment with UC next week to discuss my options. But it would appear that yes they can fire you. Although I would think it would be unlikely for a first time absence.

And im sorry you're having such a shitty time. Hugs and

Level75 · 04/02/2020 22:33

If the stress and depression is not just a one off, or if it's likely to last 12 months or more, you may be classed as disabled under the equality act. You can still be sacked if you're disabled but not if the dismissal is because you are disabled or for a reason related to disability (often absence) unless it's a very good reason.

If you're not disabled you have no rights as you don't have 2 years' service, sorry.

topcat2014 · 04/02/2020 22:37

Of course you can be fired for sickness, I am surprised people think otherwise. Larger employers are expected to wait longer though

Original poster

Brievandekamp · 04/02/2020 22:40

I've thought about speaking to them before I take time off @TheNoiseHurts however if I ring them tomorrow at 9am I have a docs app in an hour and might be off for weeks, what will they say? Or if I say Thursday I have an app and might be off for weeks? And I don't know if I'll actually get the time off. I manage a shop but currently have no staff and was told today that I can't book annual leave yet until new staff are recruited and ready to cover which will be early April.

OP posts:

ICouldHaveBeenAContender · 04/02/2020 22:43

They can and do, unfortunately.

DD's friend's widowed mother had a severe stroke and DD's friend was signed off as her mother needed care and help. DD's friend was sacked, and as she had been there less than 2 years there wasn't much she could do about it.

You really do have the shitty end of the stick at the moment don't you, OP, but you have to look at what's best for your health and wellbeing in the long run.

Any chance your employer would agree to reduced hours / part-time for a few weeks, to give you some time to deal with things? By the sounds of it, you've nothing to lose by asking.

AlexaAmbidextra · 04/02/2020 22:46

They can't fire you for being sick but sounds like it's not the right job for you.

Well they can. If sickness is excessive you can be managed out perfectly legally. It’s a fallacy that you can’t be let go if you have a sickness cert.

Haffdonga · 04/02/2020 22:52

They can and do choose to end your employment for any or no reason before 2 years, unless it's disability discrimination/

Have you disclosed your MH to them? Has it been serious and ongoing or is it only recent? It could possibly be discrimination of they fired you because of your MH.

Honeyroar · 04/02/2020 23:25

Would they be understanding if you were to tell them what’s going on and that you’re struggling? You’ve nothing to lose really..

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