Can you be sacked for handing a sick note to an employer?

[Denver]

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?

[Cherie]

Have you a contract of employment?

[Crimson Dynamo]

if your job requires you do overnights yes as why the feck would they want you?

[Denver]

Have you a contract of employment?

i do have a contract

[Denver]

if your job requires you do overnights yes as why the feck would they want you?

its a flexi contract i was told id do 60% less nights then i have

[Crimson Dynamo]

its a flexi contract i was told id do 60% less nights then i have

yes but what does the contract say?

[Tom4784]

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.

[bots]

its entirely on the contract and i would suggest it will cover situations like this in their favour

[Northern Monkey]

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.

[Denver]

yes but what does the contract say?

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

[Denver]

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.

I know they let someone have 6 months off over nights with no doctors nte for migraines

[Northern Monkey]

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.

Yeah i’d say this^

Although they might start finding other ways to get rid.Companies do that **** all the time.

[Crimson Dynamo]

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

verbally schmerbally

its what your contract says

[Crimson Dynamo]

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

[Denver]

verbally schmerbally

its what your contract says

but they have to take responsibility because they have made me ill

[bots]

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?

[Cherie]

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

[Vicky.]

Yeah i’d say this^

Although they might start finding other ways to get rid.Companies do that **** all the time.

Yup.

If they are pissed off, they will just use another reason.

[Denver]

They are already in hot water

[Livia]

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.

[Denver]

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.

my contract is flexible so it isnt restricted to overnights

[Livia]

my contract is flexible so it isnt restricted to overnights

What does it say about sick leave?

[Denver]

What does it say about sick leave?

Say im entitled to 5 weeks paid sick leave a year

[Tom4784]

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.

[Crimson Dynamo]

but they have to take responsibility because they have made me ill

rubbish. Its YOUR responsibility to get proper sleep not theirs ffs

[Denver]

rubbish. Its YOUR responsibility to get proper sleep not theirs ffs

They over work me and when i spoke to the manger i was ignored but i wouldnt expect you to understand as you love slavery and torture

[Livia]

Say im entitled to 5 weeks paid sick leave a year

If you have a doctor's note and you've let them know in plenty of time (whatever your contract says about notification of sickness), and you're entitled to paid sick leave, I find it hard to believe they'd sack you. But like I said, if you've not worked there for two years you can't claim unfair dismissal if they did.

[Denver]

My doctor has said im an accident waiting to happen so it doesnt just affect me but everyone i work with

[Denver]

If you have a doctor's note and you've let them know in plenty of time (whatever your contract says about notification of sickness), and you're entitled to paid sick leave, I find it hard to believe they'd sack you. But like I said, if you've not worked there for two years you can't claim unfair dismissal if they did.

But i could have a case against terrible working conditions

[Livia]

But i could have a case against terrible working conditions

Not if you've not been there two years.

[Vicky.]

Gotta be honest, your replies in here make it look like you are just wanting them to sue them for something tbh :laugh:

[Denver]

Not if you've not been there two years.

What about the fact my contract says im meant to work only 30 hours but they make me work 43 hours?

[DemolitionRed]

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

This^
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?

[Denver]

Gotta be honest, your replies in here make it look like you are just wanting them to sue them for something tbh :laugh:

Tbh i really like my job and the people i work with but things need to change because its asking its toll on me

[DemolitionRed]

What about the fact my contract says im meant to work only 30 hours but they make me work 43 hours?

Nobody can make you work longer than your contracted hours. You simply say 'no'. Lots of people work longer than their contracted hours but its their choice. You can't say they make you because they can't.

[Denver]

This^
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?

I ave finishe probation i was told i had passed my probation in September

[Denver]

Nobody can make you work longer than your contracted hours. You simply say 'no'. Lots of people work longer than their contracted hours but its their choice. You can't say they make you because they can't.

they schedule me for that many hours and i cant just not turn in

[Livia]

What about the fact my contract says im meant to work only 30 hours but they make me work 43 hours?

I suspect they've used the word "flexible" in connection with your working hours and also included the term "and other duties".

[DemolitionRed]

And are they waking nights or sleep-overs?

[Denver]

And are they waking nights or sleep-overs?

Im awake all night

[Livia]

Lots of people do night work you know, Adam

[DemolitionRed]

they schedule me for that many hours and i cant just not turn in

No but presumably you get your rota a couple of weeks or a month before hand? You need to have a conversation with your manager.

[Denver]

Lots of people do night work you know, Adam

But human bodies work in different ways

[Vicky.]

they schedule me for that many hours and i cant just not turn in

You can. Give them as much notice as possible just to be nice. But don't turn up just because they put you down for stuff you aren't contracted for, if you don't want to do extra, and especially if the extra is making you ill. I am certain someone else working there would be grateful for the extra hours..given the state of things today. Its near impossible to pick up extra hours for most people.

[Livia]

But human bodies work in different ways

Sounds like this isn't the job for you anyway.

[Denver]

No but presumably you get your rota a couple of weeks or a month before hand? You need to have a conversation with your manager.

I get it a week before and ive spoke to him and all i get back is things will change soon bare with me and its been 3 months now

[Denver]

Sounds like this isn't the job for you anyway.

Well its the perfect job when im doing days/lates.

You cant expect people to be ok putting there body through hell and making themselves ill

[DemolitionRed]

Lots of people do night work you know, Adam

I can't do nights. At one point in time I had to but it nearly killed me, especially when the shifts were one night on and one night off. I felt so spaced out and just couldn't adjust my body clock accordingly.

I have friends who have done nights for years and they get by on about 5 hours sleep a day. Night shifts are just more suited to some people.

[Vicky.]

It might be worth looking for another job. Even if you enjoy this one. It does not sound like you are compatible with the team tbh :laugh: They want you to work nights, you don't want to. You say working conditions are awful. they put you down for hours you don't want. You seem to not have a good working relationship with managers if you think that you HAVE to cover extra hours rather than just speaking to them about it,...yeah...not working

[Tom4784]

'Flexible' only goes so far. Thirteen hours over contract is beyond the realms of 'flexible'

Give them warning and try to compromise, if nights are a problem then offer to work extra hours during the day instead.

[Livia]

Well its the perfect job when im doing days/lates.

You cant expect people to be ok putting there body through hell and making themselves ill

But you're contracted to do nights. So unless they're going to let you do days only I reckon you need to be looking for something else.

[bots]

Shift work isn't fun, it pretty much kills your social life and plays havoc with your sleep cycle. It needs serious discipline to cope with it. If you aren't capable of it, its a bit of a stretch blaming the company for it when its the job you agreed to do

[Vicky.]

Well its the perfect job when im doing days/lates.


But if part of the job is doing nights, then its not the perfect job. You cannot just decide not to do part of the actual job :laugh: Would be nice if we could just do this, but we cannot

[DemolitionRed]

I get it a week before and ive spoke to him and all i get back is things will change soon bare with me and its been 3 months now

So you've already spoken to him. You've been patient but now your ill. Sounds to me like you need to go over his head and speak to his manager.

[Denver]

It might be worth looking for another job. Even if you enjoy this one. It does not sound like you are compatible with the team tbh :laugh: They want you to work nights, you don't want to. You say working conditions are awful. they put you down for hours you don't want. You seem to not have a good working relationship with managers if you think that you HAVE to cover extra hours rather than just speaking to them about it,...yeah...not working

Ive been looking for jobs and ive had interviews but some wasnt suited to me

[Cal.]

A girl who I used to work with was sacked for handing in a doctor's note saying she had depression

[Denver]

But you're contracted to do nights. So unless they're going to let you do days only I reckon you need to be looking for something else.

Everyone is contracted to doing nights but abou 70% have not done them since i arrived

[Cherie]

13 hours over your contract..no no

go and show your manager how many times you have done this, and tell him/her you don't mind being flexible but not to the tune of effectively 2 days a week, sounds like they are taking the piss, do you get overtime for the 13 hours?

[Vicky.]

Ive been looking for jobs and ive had interviews but some wasnt suited to me

Good luck finding something else.

In the meantime they cannot technically sack you for being ill, but they can get rid for other reasons.

A lot of things you aren't meant to be able to be sacked for but companies know how to get around it.

[Denver]

Shift work isn't fun, it pretty much kills your social life and plays havoc with your sleep cycle. It needs serious discipline to cope with it. If you aren't capable of it, its a bit of a stretch blaming the company for it when its the job you agreed to do

Well it is there fault when they have been made aware of my problems

[Cherie]

Everyone is contracted to doing nights but abou 70% have not done them since i arrived

sounds like you are the new guy, it happens where the new person gets the thin end of the wedge, time to stop being the new guy and pointing out the bleeding obvious to your manager, unfortunately a lot of the time managers become "friends" with the workforce and then can't make rational decisions. They have to be fair to all their workers and show no favouritism

[Denver]

So you've already spoken to him. You've been patient but now your ill. Sounds to me like you need to go over his head and speak to his manager.

I have he has been manager for abut a year and was brought in having never managed a 24 hour schedule and the staff hate him because he treats people bad

[caprimint]

Should be alright if you've got a doctor's note I'd imagine.

How come it's making you ill? Like in what way?

[Anaesthesia]

Hey, I work in contract law, albeit commercial, not corporate. I do think you are on shaky ground, and I don't think the reasons you post here suggest anything for breach by employer, sadly for you.

You would also find it difficult to go down the constructive dismissal route, and to be honest you should just find something more suited to you, as this job clearly isn't. If you are taking sick time, use it constructively to find another job, because you won't win :(

[Denver]

Good luck finding something else.

In the meantime they cannot technically sack you for being ill, but they can get rid for other reasons.

A lot of things you aren't meant to be able to be sacked for but companies know how to get around it.

I give my everything to the company i never complain about my problems, i talked to him about them in a calm manner and was willing to negotiate suitable hours including the fact id do the 2 overnights a fortnight he promised not 7 that i get, I do my job meet my targets, Never late ad only phoned in sick once in 6 months compared to onces that phone once a week, i always say behind 10/15 after my shift ends sometimes longer if they need help

[Denver]

sounds like you are the new guy, it happens where the new person gets the thin end of the wedge, time to stop being the new guy and pointing out the bleeding obvious to your manager, unfortunately a lot of the time managers become "friends" with the workforce and then can't make rational decisions. They have to be fair to all their workers and show no favouritism

There was 3 people after me including one who hasnt done a night in 2 months

[Anaesthesia]

I give my everything to the company i never complain about my problems, i talked to him about them in a calm manner and was willing to negotiate suitable hours including the fact id do the 2 overnights a fortnight he promised not 7 that i get, I do my job meet my targets, Never late ad only phoned in sick once in 6 months compared to onces that phone once a week, i always say behind 10/15 after my shift ends sometimes longer if they need help

But can you demonstrate this in writing? Not being a cow to you, but words won't count.

[Denver]

Should be alright if you've got a doctor's note I'd imagine.

How come it's making you ill? Like in what way?
I lost weight, Loss of appetite, I cant function properly, Getting terrible migraines, Constantly feeling weak and have lack of energy to do anything

[DemolitionRed]

I have he has been manager for abut a year and was brought in having never managed a 24 hour schedule and the staff hate him because he treats people bad

If you can't get anywhere with your manager, take it to the next level. The next level often never hear about their unhappy workforce or bad line managers because everything tends to get dealt with at base level. If necessary, put in a grievance against him... though don't do that until you have a reaction to your doctors letter.

[Denver]

But can you demonstrate this in writing? Not being a cow to you, but words won't count.

Not exactly but it is written on the board in the staff room

[Anaesthesia]

Not exactly but it is written on the board in the staff room

Photograph it. And keep doing so every shift change.

[Denver]

If you can't get anywhere with your manager, take it to the next level. The next level often never hear about their unhappy workforce or bad line managers because everything tends to get dealt with at base level. If necessary, put in a grievance against him... though don't do that until you have a reaction to your doctors letter.

Another manager laid hands on a member of staff but wasnt even disciplined so i dont see them caring

[caprimint]

Just read a bit more of the thread...

Sounds like they are taking the piss. As to whether they'd sack you or not is entirely dependant on what level you're at as such within the company. Like...they're not gonna sack one of their best workers for this, they're going to do exactly what you want and put others on nights (unless there's good reason for it, like you're better at this work etc). It really depends on your status there is my answer I guess.

[Anaesthesia]

Another manager laid hands on a member of staff but wasnt even disciplined so i dont see them caring

Jeez. It's not Sports Direct you're working for, is it?

[DemolitionRed]

Hey, I work in contract law, albeit commercial, not corporate. I do think you are on shaky ground, and I don't think the reasons you post here suggest anything for breach by employer, sadly for you.

You would also find it difficult to go down the constructive dismissal route, and to be honest you should just find something more suited to you, as this job clearly isn't. If you are taking sick time, use it constructively to find another job, because you won't win :(

I think its sad that you suggest this. I know any employment lawyer would tell him to forget it if he hasn't done two years with the company but he's still with the company and there are things he can do to protect his employment whilst he's still employed.

[Josy]

Adam, give them the sick note and see what happens, you never know they may be worried of losing a decent employee and try to work around this with you or they may not, in the meantime look for other job options, worst case scenario they tell you that you aren't suitable for the job any longer but then they have to legally give you notice of this.

[Josy]

Oh and to answer the question no you cant be 'sacked' for handing in a sick note but of your illness is long term or can have long term effects on your employment then they can legally replace you.

[Anaesthesia]

I think its sad that you suggest this. I know any employment lawyer would tell him to forget it if he hasn't done two years with the company but he's still with the company and there are things he can do to protect his employment whilst he's still employed.

Yes, but very little unfortunately, which is why I am encouraging proof. He could protect his employment by fighting hard but I don't feel that's the course he wants to take.

If I am mistaken and it's a case of showing up **** companies for their ****ness then I am 100% behind it, but all too often those companies already know they are taking the piss, and they will draw up contracts regardless of personnel ethics. There is a choice to sign, or not. And I doubt many ppl desperate for a job will try to interpret beforehand.

I wholeheartedly agree that it's sad, and I wish it wasn't the case. I'd rather people fought, I certainly have in the past. But me wishing people would fight for what's right is a whole nother discussion.

[Denver]

Just read a bit more of the thread...

Sounds like they are taking the piss. As to whether they'd sack you or not is entirely dependant on what level you're at as such within the company. Like...they're not gonna sack one of their best workers for this, they're going to do exactly what you want and put others on nights (unless there's good reason for it, like you're better at this work etc). It really depends on your status there is my answer I guess.

I wouldnt say im the best but im certainly not the worse and they know they are getting a good job done with me

[Denver]

Adam, give them the sick note and see what happens, you never know they may be worried of losing a decent employee and try to work around this with you or they may not, in the meantime look for other job options, worst case scenario they tell you that you aren't suitable for the job any longer but then they have to legally give you notice of this.

My mum told me to call him and record the conversation and say the what the doctor has said but dont tell him about the sick note and see what he says

[Denver]

Jeez. It's not Sports Direct you're working for, is it?

I would rather sign on

[Anaesthesia]

Adam, give them the sick note and see what happens, you never know they may be worried of losing a decent employee and try to work around this with you or they may not, in the meantime look for other job options, worst case scenario they tell you that you aren't suitable for the job any longer but then they have to legally give you notice of this.

This is the common sense answer. I get the feeling you haven't discussed it yet with your employer (you CAN go over your own manager's head, to his manager).

When you feel like crap it's often difficult to confront this, but you need to get everything on record. And you will also need to show that you have discussed your situation. I do appreciate it's often really difficult, such is life :(

[DemolitionRed]

Yes, but very little unfortunately, which is why I am encouraging proof. He could protect his employment by fighting hard but I don't feel that's the course he wants to take.

If I am mistaken and it's a case of showing up **** companies for their ****ness then I am 100% behind it, but all too often those companies already know they are taking the piss, and they will draw up contracts regardless of personnel ethics. There is a choice to sign, or not. And I doubt many ppl desperate for a job will try to interpret beforehand.

I agree about a fight being tough. Lets face it, no decent lawyer in the land would touch this without warning Adam that its going to be very expensive and he's probably going to come away with nothing other than years of debt. A union would likely suggest a grievance and then assist with arbitration but I don't think Adams in a union. If Adam knows little about employment law, then basically he's wide open to be screwed over.

Who knows, perhaps this will all work out for the better for him. I somehow doubt it though. The sad part in all of this is, Adam is either going to have to walk away from a job he loves or he's going to be dismissed from a job he loves. What a frustrating place to be, especially when there are things he can do to protect his (supposedly) good reputation and even his future employment with this company.

[DemolitionRed]

My mum told me to call him and record the conversation and say the what the doctor has said but dont tell him about the sick note and see what he says

Don't call him and don't record him. Email him and await his response.

[Anaesthesia]

I agree about a fight being tough. Lets face it, no decent lawyer in the land would touch this without warning Adam that its going to be very expensive and he's probably going to come away with nothing other than years of debt. A union would likely suggest a grievance and then assist with arbitration but I don't think Adams in a union. If Adam knows little about employment law, then basically he's wide open to be screwed over.

Who knows, perhaps this will all work out for the better for him. I somehow doubt it though. The sad part in all of this is, Adam is either going to have to walk away from a job he loves or he's going to be dismissed from a job he loves. What a frustrating place to be, especially when there are things he can do to protect his (supposedly) good reputation and even his future employment with this company.

I agree with you 100%. Our rights are being systematically eroded, and it's soul destroying. You and I are on the same side, DR. I was a Unionist and Socialist for many years, although I don't see this through any political lens. I've offered him to chat and hope I can give some good advice.

[Kizzy]

Know your rights...

http://www.acas.org.uk/index.aspx?articleid=4028

[The Slim Reaper]

If you've only been there 5 months then you're probably still in your probationary period, which can make things a little dicey when it comes to having time off.

[Denver]

If you've only been there 5 months then you're probably still in your probationary period, which can make things a little dicey when it comes to having time off.

My probation period was 3 months and i have written confirmation i have passed it

[The Slim Reaper]

My probation period was 3 months and i have written confirmation i have passed it

Well then that makes your position a lot stronger, and you are well within your rights to take sick leave if required, especially accompanied by a Dr's note; you'll be fine.

[Anaesthesia]

My doctor has said im an accident waiting to happen so it doesnt just affect me but everyone i work with

I hope that isn't in your sick note hun, that's pretty judgmental. What's actually on it?

[Denver]

I hope that isn't in your sick note hun, that's pretty judgmental. What's actually on it?

It basically says my doctor wont pass me fit to work overnights

[Anaesthesia]

It basically says my doctor wont pass me fit to work overnights

What time period has he given? When are you signed off until?

[The Slim Reaper]

It basically says my doctor wont pass me fit to work overnights

Ever? You can't get a doctors note to excuse you from parts of the job that don't agree with you. You need to find another position if that's the case, because you'd be unable to fulfil the role set out in your contract.

[Denver]

What time period has he given? When are you signed off until?

6 months

[DemolitionRed]

I agree with you 100%. Our rights are being systematically eroded, and it's soul destroying. You and I are on the same side, DR. I was a Unionist and Socialist for many years, although I don't see this through any political lens. I've offered him to chat and hope I can give some good advice.

Thank you :wavey:

[Anaesthesia]

6 months

That's massive and suggests a real longterm medical condition. I don't think my knowledge would cover that. Please don't be scared and please talk to your employers. I've been signed off for depression, but 6 weeks max, this is clearly more serious.

You may not have any right to any form of compensation, and they will look for grounds to terminate.

Please don't jeapordise any future grounds for employment. I may be wrong but I think you know this isn't the job for you. Please also don't get put into a "sickness bracket". It will **** you up. You will have to give reasons for leaving your last job. It's a really ****ty situation and if I can give you help, I will.

[Anaesthesia]

Thank you :wavey:

No need for thanks when we are all aligned xx

[Denver]

That's massive and suggests a real longterm medical condition. I don't think my knowledge would cover that. Please don't be scared and please talk to your employers. I've been signed off for depression, but 6 weeks max, this is clearly more serious.

You may not have any right to any form of compensation, and they will look for grounds to terminate.

Please don't jeapordise any future grounds for employment. I may be wrong but I think you know this isn't the job for you. Please also don't get put into a "sickness bracket". It will **** you up. You will have to give reasons for leaving your last job. It's a really ****ty situation and if I can give you help, I will.

They want to sign me off 6 hours during a 24 hour day i dont see much problem with it

[Anaesthesia]

They want to sign me off 6 hours during a 24 hour day i dont see much problem with it

OK...then what's stopping you?

[Denver]

OK...then what's stopping you?

Im just not sure they see it that way

I can work till 2 in the morning which is the latest shift after the overnight and i can start work at 6 which is the earliest

[Anaesthesia]

Im just not sure they see it that way

I can work till 2 in the morning which is the latest shift after the overnight and i can start work at 6 which is the earliest

You aren't sure because you haven't spoken to them. Please do, sweetheart. Hard as it is.

[Denver]

You aren't sure because you haven't spoken to them. Please do, sweetheart. Hard as it is.

I have spoken about the problems just not since i saw my doctor

[Anaesthesia]

I have spoken about the problems just not since i saw my doctor

Then you know the next step you have to take <3

If you are anywhere near Berkshire I'd come with you :)

[Denver]

Then you know the next step you have to take <3

I am off work on holiday till next Thursday so cant do much yet

[The Slim Reaper]

They want to sign me off 6 hours during a 24 hour day i dont see much problem with it

You're probably not going to like this answer a whole lot, but it's an honest one; if you signed a contract agreeing to work night shifts, and then 2 months later (post probationary period) you can't, then that's a real problem for them. They will have to move their whole staffing rota's around to cover for the new guy. I'm pretty sure 99% of people that work nights would find them a difficult head****.

I'm a strong advocate for workers rights, but that, however unintentional and unfortunate it might be, is not fair on the employer. Most importantly it isn't fair on you either if you can't fulfill the role you accepted.

[Denver]

You're probably not going to like this answer a whole lot, but it's an honest one; if you signed a contract agreeing to work night shifts, and then 2 months later (post probationary period) you can't, then that's a real problem for them. They will have to move their whole staffing rota's around to cover for the new guy. I'm pretty sure 99% of people that work nights would find them a difficult head****.

I'm a strong advocate for workers rights, but that, however unintentional and unfortunate it might be, is not fair on the employer. Most importantly it isn't fair on you either if you can't fulfill the role you accepted.

Ive given them almost 6 months with no change they could have avoided this common sense tells you lack of sleep leads to problems

[Anaesthesia]

Ive given them almost 6 months with no change they could have avoided this common sense tells you lack of sleep leads to problems

Ofc, but SlimReaper is actually saying how it is, without going into depth. Is it right, is it fair?

[The Slim Reaper]

Ive given them almost 6 months with no change they could have avoided this common sense tells you lack of sleep leads to problems

What exactly has been your working pattern for the last 6 months? Are you working over 40hrs of night shifts per week? Are you working night shifts and not being allowed sufficient rest periods in between?

What is your exact gripe with your hours/shifts? Can you give an example of the week you worked prior to understanding that it was getting too much for you and you needed to visit the doctor?

[Denver]

What exactly has been your working pattern for the last 6 months? Are you working over 40hrs of night shifts per week? Are you working night shifts and not being allowed sufficient rest periods in between?

What is your exact gripe with your hours/shifts? Can you give an example of the week you worked prior to understanding that it was getting too much for you and you needed to visit the doctor?

Basically i work 6 days 5 overnights then on the last day i finish at 7 in the morning and have to be back in at 6 the same day

[The Slim Reaper]

Basically i work 6 days 5 overnights then on the last day i finish at 7 in the morning and have to be back in at 6 the same day

Right, OK, that seems a lot. What is an overnight classed as? 10pm-6am?

Are you over 18?

[Denver]

Right, OK, that seems a lot. What is an overnight classed as? 10pm-6am?

11-7

[The Slim Reaper]

11-7

https://www.gov.uk/maximum-weekly-working-hours

Have a read of that.

Call the ACAS helpline on 0300 123 1100 (m-f 8-6pm) and they'll be able to give you a more definitive answer on your hours. Have your contract to hand because they'll probably need information from it.

[Crimson Dynamo]

what is actually wrong with you medically?

[DemolitionRed]

Scrap that... I didn't read on

[DemolitionRed]

11-7

Is it a waking night or do you get to sleep during those hours?

[Amy Jade]

I am on a flexi contract but I have a written set of hours, they just change my hours if they need to but my manager who does my rota is great she knows I can't do days as I am in college and lates (past 10) isn't really suitable for me either.

I do think maybe you should move on to a job with just days if nights are a struggle though as it sounds like night shifts are part of your job.

[Alf]

what is actually wrong with you medically?Sounds to me like that condition that effects the bones. Bone Idleness I think is the medical term.

[Denver]

what is actually wrong with you medically?

I have already posted look back

[Kizzy]

If you've only been there 5 months then you're probably still in your probationary period, which can make things a little dicey when it comes to having time off.

probation is 3 months

[Toy Soldier]

If you have a doctor's note I would imagine they'll take you off nights temporarily but not as a permanent solution.

Beyond that... to be totally honest... if your bosses don't care about your health then you'd be better off seeking other employment. It's not going to get any better.

[Toy Soldier]

probation is 3 months

Not necessarily, it's not a fixed period across all jobs. Probationary period at mine lasts basically until you are signed off as competent (job title changes to drop the "Trainee" prefix), usually around 4 - 6 months but I've seen people go to 8+...

[Ashley.]

If you can't deal with working through the night, then don't. Find a job that better suits you.

[Toy Soldier]

Basically i work 6 days 5 overnights then on the last day i finish at 7 in the morning and have to be back in at 6 the same day

**** that! Find a new job :umm2:

[Denver]

**** that! Find a new job :umm2:

Im already looking but i know ill have to take a pay cut so i want it to be worth it

[Kizzy]

Not necessarily, it's not a fixed period across all jobs. Probationary period at mine lasts basically until you are signed off as competent (job title changes to drop the "Trainee" prefix), usually around 4 - 6 months but I've seen people go to 8+...

If you are taken on as a temp they have 12 weeks and then take you on or get rid

[AnnieK]

If you are taken on as a temp they have 12 weeks and then take you on or get rid

Not necessarily if you are an agency temp, I have temps who have been on assignment for months and years. After 12 weeks you get some employment rights, access to some benefits such as canteens etc, same holidays and parity of pay but they don't have to tale you on or get rid

[DrunkerThanMoses]

Cant you ask to switch to day shifts? Where I work someone has just switched from nights to days and someone else switched from days to nights

[Toy Soldier]

If you are taken on as a temp they have 12 weeks and then take you on or get rid

Temping is a totally different situation to a trainee / probationary period. With the latter you have a permanent employment contract, but with fewer limitations on the reasons you can be let go, i.e. you can be found to just not be capable of carrying out the role. Once you're "signed off" as no longer a trainee the employer is basically saying that they acknowledge your general competence in the role, and therefore they need a "good reason" to terminate your employment.

However NM is entirely right that if a company wants you gone they will find a bull**** "good reason", or more often, just make the job so unpleasant that people quit before they're fired. They call it "managing people out of the company" and it's sadly the most common way of "firing" staff - if the staff member quits, the company has no liability at all.

[Denver]

Cant you ask to switch to day shifts? Where I work someone has just switched from nights to days and someone else switched from days to nights

I asked and i kept getting bare with me things will change soon almost 6 months in nothing has changed

[Toy Soldier]

I asked and i kept getting bare with me things will change soon almost 6 months in nothing has changed

As a manager, I can confirm that "bare with me" means "I might get around to it but tbh I'm probably not going to do anything about this".

[Kizzy]

Wait till you've been there 26 weeks then ask to work flexibly

http://www.acas.org.uk/index.aspx?articleid=1616

[Toy Soldier]

Wait till you've been there 26 weeks then ask to work flexibly

http://www.acas.org.uk/index.aspx?articleid=1616I'd suggest being wary of official flexible working agreements as you can end up "locking yourself in" with your own requests, i.e. If your circumstances change in future you might find yourself unable to, ironically, be flexible because of your agreement.

[Babayaro.]

Where do you work, Adam?

[Kizzy]

I'd suggest being wary of official flexible working agreements as you can end up "locking yourself in" with your own requests, i.e. If your circumstances change in future you might find yourself unable to, ironically, be flexible because of your agreement.

Why are you addressing everything to me?... this is not my thread jeeeze, just trying to find the guy a way off nights get off my back :/

[Kizzy]

Not necessarily if you are an agency temp, I have temps who have been on assignment for months and years. After 12 weeks you get some employment rights, access to some benefits such as canteens etc, same holidays and parity of pay but they don't have to tale you on or get rid

Nope, you have access to those from day one.

4. Equal treatment

From the day you start work you have a worker’s employment rights.

You also have the same rights as your permanent colleagues to use any shared facilities and services provided by your employer, for example:

a canteen or food and drinks machines
a workplace creche or mother and baby room
car parking or transport services, like a local pick-up service or transport between sites.

Rights after 12 weeks
After 12 weeks in the job you qualify for the same rights as someone employed directly. This is known as ‘equal treatment’.

Your rights include:

‘equal pay’ - the same pay as a permanent colleague doing the same job
automatic pension enrolment
paid annual leave

https://www.gov.uk/agency-workers-your-rights/your-rights-as-a-temporary-agency-worker