Can I get fired

Abu94

I am feeling ill with fever and was wondering if I can be fired for calling in sick. My employer always keeps saying that they have no one to cover me if I am out for whatever reason, can they refuse to let me take the day off because they can't find someone to cover my shift? I work in retail. There is nothing in the contract about this, I once called in sick and was told okay if we will find someone to cover your shift then you can take the day off, what if they don't? Am I obliged to come in?

Another day

Depends on how long you are working there. If in doubt get a doctor's cert so they know you're not just taking a day off..

amcalester

Doctor's cert explains the absence, it doesn't excuse it.

OP yon can be fired for repeated absences due to illness but your employer would need to follow correct procedures, warnings, notice etc.

However, if you're working there less than 12 months you can be let go for any reason.

o1s1n

Firing someone for being sick is extremely difficult as you generally have to try and fire them for something else (not providing adequate sick certs, making contact on time etc) - the process can go on for a very long time and tbh, in most cases, the employee tends to just leave of their own accord as their boss is annoying them so much (IE - 'Managing them out of the company')

That's only if you're there 12 months mind you. Anything before that and as mentioned, you can be let go without reason.

Abu94

Can they make an ultimatum and say, you have to come in even though you're sick?

bill66

No they can not. All employers have a duty of care to their staff and their customers under health and safety legislation. If you or someone else was injured in your workplace as a result of your employers negligence (eg, letting someone who they knew was sick, continue to work) They could be open to civil and legal procedings.

GM228

o1s1n wrote: »

Firing someone for being sick is extremely difficult as you generally have to try and fire them for something else (not providing adequate sick certs, making contact on time etc)

This is not true, you can specifically be dismissed for reasons owing specifically to illness if it is considered to affect your capability at work, there are a few rules to follow, but such would not be considered unfair dismissal.

scamalert

id imagine place must be real small if your only one they fall on.

make sure you give proper notice in advance, not last minute call to say im sick etc.

fired with doc note probably no chance but if its repeating-common issue with health, or they decide to keep tabs on you can go either way.

if boss is decent which doesn't sound like it suggest getting temp staff,overall since your in position where your having all responsibility atm,since i imagine you take holidays etc so someone has to cover you either way,unless as above your fresh so that could create tensions going forward.

Victor

GM228 wrote: »

This is not true, you can specifically be dismissed for reasons owing specifically to illness if it is considered to affect your capability at work, there are a few rules to follow, but such would not be considered unfair dismissal.

Flip side is someone could claim protection under the Employment Equality Act.

http://www.irishstatutebook.ie/eli/1998/act/21/enacted/en/print.html

“disability” means—

(a) the total or partial absence of a person's bodily or mental functions, including the absence of a part of a person's body,

(b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness,

(c) the malfunction, malformation or disfigurement of a part of a person's body,

(d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or

(e) a condition, illness or disease which affects a person's thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour,

and shall be taken to include a disability which exists at present, or which previously existed but no longer exists, or which may exist in the future or which is imputed to a person;

GM228

Victor wrote: »

GM228 wrote: »

This is not true, you can specifically be dismissed for reasons owing specifically to illness if it is considered to affect your capability at work, there are a few rules to follow, but such would not be considered unfair dismissal.

Flip side is someone could claim protection under the Employment Equality Act.

http://www.irishstatutebook.ie/eli/1998/act/21/enacted/en/print.html

“disability” means—

(a) the total or partial absence of a person's bodily or mental functions, including the absence of a part of a person's body,

(b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness,

(c) the malfunction, malformation or disfigurement of a part of a person's body,

(d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or

(e) a condition, illness or disease which affects a person's thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour,

and shall be taken to include a disability which exists at present, or which previously existed but no longer exists, or which may exist in the future or which is imputed to a person;

Related, from the High Court today.

https://www.irishtimes.com/news/crime-and-law/courts/high-court/dublin-bus-entitled-to-retire-driver-amid-fears-she-could-pass-out-1.3372757?mode=amp

Dublin Bus has won a High Court appeal over its involuntary retirement of one of its drivers because it was alleged she could possibly pass out at the wheel due to a health condition.