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oh god dh on sick been told they are finishing him! can they do this?

12 replies

trace2 · 24/02/2008 14:00

dh been on sick for 6 months since our dd was 2 months old shes an ill baby girl, hes not handling it very well hes now on antidepresson tablets they do seem to have worked a little, but as dd spends so much time in hospital i could not mange with our other child 5 years at getting to school and so yet.
and shes not dx yet either which conreboots to his problems, they asked him in on friday told him if he dont come back this month they are getting rid of him as they have to much work for them not to have some one! we do understand this but hes just not ready he works in accounts and his head is mixed up he would be making mistakes.

we have been living on ssp for the last 6 months with nop help from the income surport as we still had wtc, but now thats going to end, i just dont know what to do? can they do this?

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trace2 · 24/02/2008 14:21

bump

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IamTheSpeedingHam · 24/02/2008 14:24

you need to go to CAB but i am prety damned sure that they cannot sack him for being sick

they can sack him

but not for being sick

so get them to put shit in writing

then he can take them to an employment tribunal if it happens

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trace2 · 24/02/2008 14:32

my dh says they will termintae is contract! no idea what this means

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somersetmum · 24/02/2008 14:39

Strictly speaking, they can do it, but they would have to do it properly.

This would entail your dh agreeing to and then having a medical with a doctor of their choice. The outcome of the assessment would have to be, that in the doctor's opinion, your dh was fit to work. They could then insist that he had to return to work within a specified timescale, possibly part-time to start with. If he did not return they could then terminate his contract as it would then be your dh who was in breech of it, by not working when fit.

Of course, if your dh did not agree to the medical then that would also give them grounds to get rid of him.

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flowerybeanbag · 24/02/2008 14:41

What somersetmum said, they can do this, but must do it properly. Have a read here, it's a bit complicated but the 'dismissal in connection with illness' bit explains it.

How long's your DH been working there trace2?

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pedilia · 24/02/2008 14:42

They can terminate your DH's employemnt on medical grounds BUT after working with DH for a solution i.e meeting with him and discussing alternative options, maybe an alternative position or part-time hours.

If they can proveide reasonable evidence that it is not feasible to do the above then they can terminate but would alos have to do a thorough investigation into the reasons.
Ask for a GP report and any other health professional invovled.

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flowerybeanbag · 24/02/2008 14:43

Actually this link's a lot easier to read.

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trace2 · 24/02/2008 14:52

hes been with them since may 2005! god i hate all this i just wish he was fit to go back we have enough trouble with our dd illness this will had to his stress

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trace2 · 24/02/2008 14:59

thank you for the links just read out about the bit about broken bones and stress ! its looks like they have looked at this website as it was said word for word[hnn],
dh as just said its not worth fighting for we have our dd to care for but am still worried and those words are from someone whos got depresstion,

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flowerybeanbag · 24/02/2008 18:12

trace2 has he been asked to see a doctor for the company or have they asked his GP for a report about him to help decide whether he's fit for work?

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TotalChaos · 24/02/2008 18:17

sorry you are going through this worry trace, I agree with the other ladies, that the company can ultimately dismiss due to sickness absence, but they should go through the correct and time consuming procedure first. is he up to speaking to union (if a member)/acas/cab about it? if not maybe if you call up cab about this and about benefits if he does get the sack and doesn't find a new job quickly.

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trace2 · 24/02/2008 18:54

sorry didnt reply i needed to see to dd , no hes not been called in to work for a doc, hes gone in everymonth and took sick note they know how bad hes been! weve had a chat about it all and we going to ring welfair rights lady who helped us befor weather its any good i dont know? as dh says we have to think of our children if it means he losers his job when chloes better or were able to cope better he can find another job hopefully

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