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30-11-2017, 01:44 PM | #1 | |||
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I Cant Breathe
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Basically i get a lot of overnights and i cant sleep in the day and it has been making me very ill, so i went to see my doctor who said my health isnt great at the moment and he gave me a doctors note to say i can not do overnights but im worried that as ive only been at this job for 5 and a half months they will get rid of me but would they be legally allowed?
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30-11-2017, 01:45 PM | #2 | |||
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This Witch doesn't burn
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Have you a contract of employment?
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30-11-2017, 01:48 PM | #3 | |||
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I Cant Breathe
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30-11-2017, 01:47 PM | #4 | |||
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The voice of reason
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if your job requires you do overnights yes as why the feck would they want you?
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30-11-2017, 01:49 PM | #5 | |||
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I Cant Breathe
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its a flexi contract i was told id do 60% less nights then i have
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30-11-2017, 01:50 PM | #6 | |||
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The voice of reason
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30-11-2017, 01:53 PM | #7 | |||
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I Cant Breathe
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Says im able to work any hours but was verbally told 2 overnights a fortnight because they rotate staff but they have not done this
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30-11-2017, 01:55 PM | #8 | |||
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The voice of reason
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30-11-2017, 01:51 PM | #9 | ||
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Banned
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I don't think they can sack you if you have a Doctor's note especially if you are doing more nights than you are contracted to.
As long as you are still doing contracted hours then they can't really complain. |
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30-11-2017, 01:54 PM | #10 | |||
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I Cant Breathe
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I know they let someone have 6 months off over nights with no doctors nte for migraines
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30-11-2017, 01:54 PM | #11 | ||
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Senior Member
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Although they might start finding other ways to get rid.Companies do that **** all the time. |
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30-11-2017, 01:57 PM | #12 | |||
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This Witch doesn't burn
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You need everything in writing, its you word against theirs at the moment, if you have passed your probationary period then I would say you can't be sacked though as others have said if it is in the contract that you work at the discretion of your manager or something they can let you go I guess, citizens advice is the place to take this
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30-11-2017, 02:12 PM | #13 | |||
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Senior Member
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Have you finished your probationary period? if not, they can have a probationary meeting and say your not suitable for the job they employed you to do. Does it state in your contract that you are expected to do a couple of nights a fortnight? If it does, they can't insist you to do more. If you have done nights up until now but you are now finding that nights are making you ill, that's proof enough that your contract of work is making you ill. They do have a legal obligation to look after your health and should attempt to work around the problem with you but if your on probation, they likely aren't going to do that and like Livia and Vicky said, they can sack you without reason for up to two years. Are you in a union? if so, this is a job for them to sort out for you. If your not in a union then log and date everything, from the conversations you have with your manager, the dates and appointments with your doctor and so on. What sort of work is it if you don't mind me asking?
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30-11-2017, 02:14 PM | #14 | |||
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I Cant Breathe
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Quote:
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30-11-2017, 01:59 PM | #15 | ||
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0_o
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If they are pissed off, they will just use another reason.
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Last edited by Vicky.; 30-11-2017 at 01:59 PM. |
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30-11-2017, 01:53 PM | #16 | |||
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self-oscillating
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its entirely on the contract and i would suggest it will cover situations like this in their favour
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30-11-2017, 01:53 PM | #17 | ||
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Senior Member
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I feel you with the nights.I could never sleep through the day either.I used to get 4 tinnies and drink them to help me sleep.Not a healthy lifestyle.Got some funny looks too in the offy buying beer at 7.00am.
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30-11-2017, 01:56 PM | #18 | |||
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The voice of reason
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i cant sleep in the day and it has been making me very ill
1. why cant you sleep? take some night nurse 2."making me very ill" - explain |
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30-11-2017, 02:02 PM | #19 | |||
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שטח זה להשכרה
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Like everyone's said it's all down to what's in your contract... and bear in mind you cannot amend a written contract with a verbal one, so what they've said since your contract counts for nothing if it contradicts the contract. What does your contract say about sick leave?
If they did sack you, you will only be able to claim unfair dismissal if you've worked there for two years or more, with certain exceptions. Lack of sleep is serious. They use it as torture. |
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30-11-2017, 02:04 PM | #20 | |||
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I Cant Breathe
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Quote:
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30-11-2017, 02:05 PM | #21 | |||
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שטח זה להשכרה
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30-11-2017, 02:06 PM | #22 | |||
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I Cant Breathe
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Say im entitled to 5 weeks paid sick leave a year
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30-11-2017, 01:57 PM | #23 | |||
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self-oscillating
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if your contract says you are expected to do night work and your sick note says no more night work, then you are not able to fulfill your part of the contract for the foreseeable future. If they have people queuing up for jobs, why should they keep you?
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30-11-2017, 01:59 PM | #24 | |||
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I Cant Breathe
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They are already in hot water
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30-11-2017, 02:06 PM | #25 | ||
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Banned
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They might be able to transfer you over to another team since they need a valid reason to get rid of you if nights are a problem and as long as you are covered by a doctor's note then they shouldn't be able to get rid.
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