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Original poster

Off sick from work a lot lately - can they sack me?

14 replies

MRSDoos · 11/11/2022 10:10

I started my new job last spring. I had covid in July 2021 so had a week off isolation but other than that nothing

Until April this year, I had a miscarriage and I had about 3 weeks off as it was a twin miscarriage that failed treatment and I ended up becoming really unwell with it
Then I got Covid so was off again
Then I fell pregnant again and I’ve had HG, time off because of that and got the flu and now a sickness bug.

I can tell my work are getting a bit annoyed with me for being off a lot, can they sack me for this? I feel so guilty. None of the time off I’ve had has been for no reason

OP posts:
AnApparitionQuipped · 11/11/2022 10:13

Pregnancy related absence can't legally be included in sick-leave calculations for the purpose of sickness-related disciplinary proceedings - so they can't include your miscarriages or HG. I'm sorry for your loss last year Flowers

VenusStarr · 11/11/2022 10:16

Your miscarriage and pregnancy related absence should not be included in your overall absence (but will be noted). Do you have sick notes stating pregnancy related illness for both? I've had a lot of absence due to miscarriages.

I would imagine the sickness policy will have points where you trigger certain discussions and they'll have a process to follow. So you might go onto a 12 week sickness absence plan. If you have illness in that time, you'll move to the next stage. It depends on your organisation and the policy as to if they feel you can no longer work due to too much absence.

Leafblowertime · 11/11/2022 10:17

As you are under two years they can pretty much come up with any reason to fire you. They just can’t say it’s pregnancy related. They can say they just feel you’re not a good fit. So yes, they can. They just can’t articulate it like that. And you’d need to them try to prove it was indeed pregnancy related

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BlackForestCake · 11/11/2022 10:58

They can't, but they often will and do.

luckylavender · 11/11/2022 11:00

BlackForestCake · 11/11/2022 10:58

They can't, but they often will and do.

Actually they can.

MegGriffinshat · 11/11/2022 11:04

They shouldn’t, but do.

I had a horrible missed miscarriage about three years ago, lots of complications during and after, in and out of hospital. I was signed off for 6 weeks when I was sacked - my consultant told me to expect to be off for three months (no sick pay as it was care work, just SSP which I had for
go to ACAS for help getting after they sacked me as they didn’t pay it!), and they let me go saying that I wasn’t right for the demanding role.

I’d only been there just less than a year so didn’t have a leg to stand on really. They gave me a shit reference too, I knew they would, my manager called me everyday getting more angry about when I was coming back.

Original poster
MRSDoos · 11/11/2022 11:57

@MegGriffinshat that is awful 😔
So sorry to hear about your missed miscarriage. That is so sad that they sacked you because of it!

OP posts:
MegGriffinshat · 11/11/2022 12:24

MRSDoos · 11/11/2022 11:57

@MegGriffinshat that is awful 😔
So sorry to hear about your missed miscarriage. That is so sad that they sacked you because of it!

I was expecting it.

My boss was such a cow. The things she said. And she was calling me repeatedly while I was in hospital and then accused me of avoiding her because, obviously, I didn’t answer the phone, I was in surgery!

Still makes me so angry.

Leafblowertime · 11/11/2022 12:31

Can I ask how much time have you had off since April this year in total?

Original poster
MRSDoos · 11/11/2022 12:51

@Leafblowertime If we say 5 days (mon-fri) is a full week, then most likely around 6 weeks. Possibly 7

OP posts:
MyPurpleHeart · 11/11/2022 15:01

They can let you go for any reason up to two years employment. Do you get sick pay or SSP?

RFPO77 · 11/11/2022 16:24

MyPurpleHeart · 11/11/2022 15:01

They can let you go for any reason up to two years employment. Do you get sick pay or SSP?

Not quite correct, you can't be dismissed for pregnancy related absences.

VikingsandDragons · 12/11/2022 10:48

Up to 2 years they can dismiss you for any reason, they can just say the role is no longer needed, you're not meeting targets, not a good fit in the team, you aren't working the hours they now need etc.

But even over 2 years even if it's not legal, can you afford to take it to court? You can't do no win no fee on sex descrimination cases (or couldn't 7 years ago when I was made redundant on the grounds that 'we need a reliable team and you can't claim to be reliable if you keep having babies' after 9 years with the same employer) and the payout is capped at a year's wage any way and costs to take it to court are about £12k which you can reclaim if you win but that money is at risk (as I say, this advice was years ago so hopefully things have improved).

BobbyBobbyBobby · 12/11/2022 10:58

Yes, from a business point of view that’s a lot of missed hours of productivity.

They know you are going to be off with maternity leave so if they can think of something work related to let you go, they may well do so.

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