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-   -   Can you be sacked for handing a sick note to an employer? (https://www.thisisbigbrother.com/forums/showthread.php?t=331472)

Denver 30-11-2017 02:46 PM

Quote:

Originally Posted by Anaesthesia (Post 9715174)
Jeez. It's not Sports Direct you're working for, is it?

I would rather sign on

Anaesthesia 30-11-2017 02:55 PM

Quote:

Originally Posted by Josy (Post 9715178)
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 30-11-2017 03:04 PM

Quote:

Originally Posted by Anaesthesia (Post 9715180)
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 30-11-2017 03:05 PM

Quote:

Originally Posted by Adam. (Post 9715183)
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 30-11-2017 03:18 PM

Quote:

Originally Posted by DemolitionRed (Post 9715193)
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 30-11-2017 03:44 PM

Know your rights...

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

The Slim Reaper 30-11-2017 03:48 PM

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 30-11-2017 03:50 PM

Quote:

Originally Posted by The Slim Reaper (Post 9715230)
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 30-11-2017 03:52 PM

Quote:

Originally Posted by Adam. (Post 9715232)
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 30-11-2017 03:59 PM

Quote:

Originally Posted by Adam. (Post 9715113)
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 30-11-2017 04:02 PM

Quote:

Originally Posted by Anaesthesia (Post 9715243)
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 30-11-2017 04:05 PM

Quote:

Originally Posted by Adam. (Post 9715249)
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 30-11-2017 04:07 PM

Quote:

Originally Posted by Adam. (Post 9715249)
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 30-11-2017 04:08 PM

Quote:

Originally Posted by Anaesthesia (Post 9715255)
What time period has he given? When are you signed off until?

6 months

DemolitionRed 30-11-2017 04:13 PM

Quote:

Originally Posted by Anaesthesia (Post 9715206)
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 30-11-2017 04:22 PM

Quote:

Originally Posted by Adam. (Post 9715259)
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 30-11-2017 04:23 PM

Quote:

Originally Posted by DemolitionRed (Post 9715263)
Thank you :wavey:

No need for thanks when we are all aligned xx

Denver 30-11-2017 04:26 PM

Quote:

Originally Posted by Anaesthesia (Post 9715271)
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 30-11-2017 04:27 PM

Quote:

Originally Posted by Adam. (Post 9715275)
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 30-11-2017 04:28 PM

Quote:

Originally Posted by Anaesthesia (Post 9715281)
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 30-11-2017 04:32 PM

Quote:

Originally Posted by Adam. (Post 9715284)
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 30-11-2017 04:33 PM

Quote:

Originally Posted by Anaesthesia (Post 9715292)
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 30-11-2017 04:35 PM

Quote:

Originally Posted by Adam. (Post 9715296)
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 30-11-2017 04:37 PM

Quote:

Originally Posted by Anaesthesia (Post 9715301)
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 30-11-2017 04:38 PM

Quote:

Originally Posted by Adam. (Post 9715275)
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 30-11-2017 04:41 PM

Quote:

Originally Posted by The Slim Reaper (Post 9715304)
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 30-11-2017 04:43 PM

Quote:

Originally Posted by Adam. (Post 9715307)
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 30-11-2017 04:44 PM

Quote:

Originally Posted by Adam. (Post 9715307)
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 30-11-2017 04:47 PM

Quote:

Originally Posted by The Slim Reaper (Post 9715310)
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 30-11-2017 04:49 PM

Quote:

Originally Posted by Adam. (Post 9715313)
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 30-11-2017 04:51 PM

Quote:

Originally Posted by The Slim Reaper (Post 9715319)
Right, OK, that seems a lot. What is an overnight classed as? 10pm-6am?

11-7

The Slim Reaper 30-11-2017 05:03 PM

Quote:

Originally Posted by Adam. (Post 9715321)
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 30-11-2017 05:28 PM

what is actually wrong with you medically?

DemolitionRed 30-11-2017 05:29 PM

Scrap that... I didn't read on

DemolitionRed 30-11-2017 05:33 PM

Quote:

Originally Posted by Adam. (Post 9715321)
11-7

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

Amy Jade 30-11-2017 06:03 PM

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 30-11-2017 06:11 PM

Quote:

Originally Posted by LeatherTrumpet (Post 9715342)
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 30-11-2017 06:27 PM

Quote:

Originally Posted by LeatherTrumpet (Post 9715342)
what is actually wrong with you medically?

I have already posted look back

Kizzy 30-11-2017 07:53 PM

Quote:

Originally Posted by The Slim Reaper (Post 9715230)
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

user104658 30-11-2017 09:07 PM

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.


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