Morning all just watching the news this morning about the chap who has got sacked for going to the pub while being on the sick now he is suing for wrongful dismissal am I missing something here if you are going to do it surely not on your doorstep |
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By (user no longer on site)
over a year ago
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Whilst it is illegal to dismiss someone for being ill (Simplified - don't want to get into the complexities of capability etc), the employer could perhaps argue that the employee in question may have been well enough to work if they were well enough to go to the pub.
The thing is, we don't know all the details.
As said above, there are a number of things that would entitle someone to take sick leave but would not prevent them from continuing to engage in some activities.
But you do have to ask what the bloke was thinking. 
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"Whilst it is illegal to dismiss someone for being ill (Simplified - don't want to get into the complexities of capability etc), the employer could perhaps argue that the employee in question may have been well enough to work if they were well enough to go to the pub.
The thing is, we don't know all the details.
As said above, there are a number of things that would entitle someone to take sick leave but would not prevent them from continuing to engage in some activities.
But you do have to ask what the bloke was thinking.
"
Morning my friend if it was me as I said not on the doorstep |
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"From reading the article, I think he's been lucky to win the case.
But then again, we don't have the full details. true always two sides to a story as they say"
3 sides. Your side, my side, and the truth
Everyone will always paint the picture to suit the narrative that they’re trying to sell. |
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"What was he off sick for? There's nothing to say you have to be locked in your house if you are off sick. "
Morning my friend no very true maybe I am old school but just to be sure I wouldn't let my boss see me to me only my opinion but it is rubbing your bosses nose in it
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By (user no longer on site)
over a year ago
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Dosent matter if it was a fake sicky or a real one they got to fallow contract law and if the contract states a warring system ie first time is a verbal warning then a written then a final writen they can’t just sack you
It’s wrongful termination and I would take the company to the cleaners
Suit for ill due stress |
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By *etcplCouple
over a year ago
Gapping Fanny |
"From reading the article, I think he's been lucky to win the case.
But then again, we don't have the full details. true always two sides to a story as they say
3 sides. Your side, my side, and the truth
Everyone will always paint the picture to suit the narrative that they’re trying to sell. "
Spot on. I’ve never heard anyone else say this, but its my philosophy too. |
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I worked in employment law for many years. Our senior solicitor said a sick note just meant you were too sick to come to work but didn’t stop you doing anything else.
When she left our next line manager was of a very different opinion!
J x |
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The company in question did not follow their own process when they dismissed him. If you do not follow your own process, then in court you will lose.
For example, it is impossible to overturn the decision of a local authority (e.g. planning) based on the decision alone. If you can prove that they failed to follow their own process then you will win the case by default.
HR processes are ways that both employees and employers are protected, we sign up to them when we join. If a company fails to follow the process it negates the contract of work.
Should the guy have been fired? Probably. Did they fuck up the process. Yes. Case closed |
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