sacking someone on sick

Mr-White · 3 Feb 2009 at 10:58

do you know the reason/s why's shes always off ?

MW

Angilion · 3 Feb 2009 at 15:47

emailiscrap said:
If the job no longer exists then you are making them redundant. If you make someone redundant then you cannot employ anyone in the same position for a minimum of six months.

If they are in a probationary period, redundancy need not apply. If the job has a different name, it isn't the same job.

What the law is in theory and what the law is in practice are often quite different.

Gilly · 3 Feb 2009 at 15:52

As Jimmy Carr says, if a woman cites woman problems, just ask '**** or *****?'

-BA- · 3 Feb 2009 at 16:08

As has been said on a number of occasions in the thread. In theory it should be no problem dismissing her simply down to performance (or lack thereof) and her probation period. The problem lies in what was agreed when she returned to the company. Was any illness acknowledged? Did they issue a warning of, "If this happens again you are out the door?" What's her performance like when she is there? So often shoddy management followed up by shoddy record keeping can leave companies open to difficult situations if people choose to become awkward. Some people seem to live their working lives in a state of pushing their luck as far as they can until they get shoved out and simply move on to next job to do it all over again. Usually they find a spineless employer who allows them to settle in like a cancer and then become so entrenched that it is very difficult to sack them without creating a big stink.

Spineless management 4tl...................

yer_averagejoe · 3 Feb 2009 at 16:11

some women do have genuinely excrutiating "that time of the month". everyone saying "if some women can work at these times then all women can" need to realise that they're all different. I read a while back that something like 25% have to take time off work now and then because its that painful.

*not a woman

*

Skull · 3 Feb 2009 at 17:00

Angilion said:
If they are in a probationary period, redundancy need not apply. If the job has a different name, it isn't the same job.

What the law is in theory and what the law is in practice are often quite different.

Redundancy protection only operates after two years anyway. Its exactly that management are too spineless to do anything, even pay £60 for an hours consultation with a bog-standard employment solicitor.