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Is this an unfair dismissal? Need some advice please

10 replies

Member13807 · 26/01/2023 17:59

my employer has not paid my November wages along with my sick pay. My sick note ran out on the 26.12.22 and I informed her that my dr was closed because of the festive season and to reopen on the 28.12.22 - I also moved house so I was advised to pick up the sick note on the 30.12.22 and because I’m on medication I was not able to drive to my drs on the 28.12.22 I totally forgot to email my employer but informed her on the 29.12.22 which also can be backdated as advised by my dr. I got an email from my employer 30.12.22 terminating my employment because I didn’t give her an update on time (bare in mind it was only 1 day I didn’t inform her) but what I don’t understand is she hasn’t paid my wages nor my sick pay been waiting till today. Is this an unfair dismissal as she didn’t give me any leniency. Advice would be appreciated

OP posts:
PlaitBilledDuckyPuss · 26/01/2023 18:04

How long have you worked there?

Member13807 · 26/01/2023 19:42

January 2022 and my employer terminated my employment on 30.12.22

OP posts:
PlaitBilledDuckyPuss · 26/01/2023 19:52

Less than two years and you have very few rights, I'm afraid. Unless the reason was discriminatory - related to a protected characteristic - they can pretty much get rid of you for any reason they like. You could contact ACAS for advice.

Stopthatknocking · 26/01/2023 19:55

So was she expecting you at work on 28th and you didn't show, e mailing a new sick note on 29th?

If so, I can see why she did it, to be honest.

MajorCarolDanvers · 26/01/2023 20:02

Less than 2 years means you have almost no rights.

Unless you can prove discrimination on a protected characteristic.

Sorry. Best start looking for something else.

LIZS · 26/01/2023 20:08

Sounds like you don't have enough service unless there is grounds for discrimination ir you are protected ie. Absence due to disability. Did you work November or had you been off sick longer than in December?

MichelleScarn · 26/01/2023 20:11

How long were you off sick for and.have you had much in the time you've been there?

bumbledeedum · 26/01/2023 20:33

As PP have said re unfair dismissal.

It would be an unlawful deduction of wages claim if you haven't been paid wages you are entitled to. There is no minimum service length for this.

RosesAndHellebores · 26/01/2023 20:38

Did you mean your December or January wages?

How much time have you had off sick?

If sick notes aren't submitted it's absence without leave.

What has happened between 29.12 and now?

What is your contractual entitlement to sick pay?

Hakunamatata91 · 26/01/2023 20:45

If the illness was a disability - a physical or mental condition which has lasted/is expected to last at least 12 months, and which has a significant impact on your day ro day life - you might be able to argue it was disability discrimination, particularly if you could show that dismissing so quickly due to a late sick note would not be what they would normally do. There's not really enough info to say either way if you could have a claim. If you think the illness may be a disability, I'd suggest getting legal advice. If not, it sounds like at best you'd have an unlawful deductions claim for your unpaid wages/sick pay.

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