let go while out sick

popsicles

Hi guys

i was let go from my job yesterday - am working there about 8 months, off sick for last 4 weeks. got in in form of a letter saying company couldnt continue my employment.

do you know what my rights/entitlements are re this?

AARRRGH

Companies are allowed terminate employment if illness prevents you from doing your job. Also, the fact that you've been employed by them for less than 12 months means the law is pretty much on their side.

From reading your other posts I think this is probably for the best...

gerrycollins

no rights what so ever however after 13 weeks employment you are entitled to one weeks notice or pay equivalent.

leeroybrown

As pointed out above an employee who has spent less than 12 months in a job has very much reduced protection. They can't claim 'Unfair Dismissal' and instead must claim 'Discriminatory Dismissal' which is much harder to prove.

Companies are entitled to let employees go while on sick leave. They're supposed to be able to show a persistent pattern of short term sickness or a low likelihood of return from a long term sickness. In the OP's case I'd suggest that the company may not have been as thorough as they should have been but that given that unfair dismissal doesn't apply, the short length of the employment and the length of the illness it'll be extremely difficult to prove anything.

m5ex9oqjawdg2i

Feel sorry for you mate. Unfortunately you cannot do anything, I suggest signing on the social welfare asap. job market is pretty bad also

Highsider

popsicles wrote: »

Hi guys

i was let go from my job yesterday - am working there about 8 months, off sick for last 4 weeks. got in in form of a letter saying company couldnt continue my employment.

do you know what my rights/entitlements are re this?

Sorry for your troubles. Hope something comes up soon. Company sounds like a right pack of arseholes anyways for letting you go whilst sick.

Ginger83

Hi all,just wondering what would the case be if you had 18 months full time sevice with a company? I know you need 104 weeks employment for redundancy but could they let me go as easy as Popsicles?
Thanks!

larrykinney

Something similar happened to me. I had been working for a company for over a year when I got cancer. I had an operation and then a course of chemotherapy. I was on a fixed term contract which ended last summer. I was going to go back to work after the operation and before I started chemo because I felt fine but the occupational health nurse (v nice) insisted I didn't. I started chemo in Apr '08 and my contract was finished in Jun '08 and I didn't expect it to be renewed but my colleagues told me it would be. I called out to work one day while having a break from chemo to see my colleagues and hand in social welfare certs and while there was told that my contract wasn't going to be renewed. I was v dissapointed but like I said I was expecting it. However, I've since got the all clear TG and still haven't found a new job and have been getting more and more fed up about what happened 'cos I loved the job and had some good friends there. I'm sure they were perfectly within their rights but I still feel fed up. Hope y'all don't mind me venting my spleen a bit...

popsicles

Hi there Larrykinney

I am really sorry to hear that. am very glad you got the all clear. the company sound like a bunch of losers doing that to someone while they had cancer of all things. just focus on your health - you are well shut of them but at same time when you feel strong enough i would make enquiries of the legality of that. i was only with the company 8months and didnt have anything as serious as cancer so i have kinda accepted it.

anyway best of luck and continued good health and well done for winning what i am sure was a tough battle!:)

larrykinney

Thank, Pops. I'm pretty sure what they did was perfectly legal 'cos I was on a fixed term contract. I just accepted it at the time 'cos I was in the middle of my course of treatment and had enough on my plate but over the last few months I've been feeling more and more fed up. I thought maybe my union could have stuck up for me or called in a favour or something. I hope you're in good health yourself, hang in there

the_syco

larrykinney wrote: »

I started chemo in Apr '08 and my contract was finished in Jun '08

larrykinney wrote: »

However, I've since got the all clear TG and still haven't found a new job and have been getting more and more fed up about what happened 'cos I loved the job

I take it you've reapplied to it? Sounds like they didn't renew the contract, as they weren't sure how long the treatment may take, so played it safe. I'd say go for the job, letting management know that you no longer have cancer, and would love to come back to work. Worst they can say is no, but they may take you back, as you're able to work again.

larrykinney

Yes, I made it quite clear, when I was told that my contract wasn't being renewed, that I would go back to work there anytime. They gave me a sob story about how things weren't going well and how a lot of my temporary colleagues contracts wouldn't be renewed either. This turned out to be horse manure as I have been in contact with some of my old colleagues and they told me they were v busy. I was recently in contact with the agency who placed me there and they told me that they had been recruiting just before Christmas which pi$$ed me off even further

the_syco

larrykinney wrote: »

Yes, I made it quite clear, when I was told that my contract wasn't being renewed, that I would go back to work there anytime. They gave me a sob story about how things weren't going well and how a lot of my temporary colleagues contracts wouldn't be renewed either. This turned out to be horse manure as I have been in contact with some of my old colleagues and they told me they were v busy. I was recently in contact with the agency who placed me there and they told me that they had been recruiting just before Christmas which pi$$ed me off even further

Sounds like the usual BS trying to avoid having to give compo. Saying that, if you liked the job, reapply.