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

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?

Have you a contract of employment?

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

i do have a contract

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

yes but what does the contract say?

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.

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

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.

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

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

Yeah i’d say this^

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

verbally schmerbally

its what your contract says

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

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

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?

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

Yup.

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

They are already in hot water

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

What does it say about sick leave?

Say im entitled to 5 weeks paid sick leave a year

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.

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

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.

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

But i could have a case against terrible working conditions

Not if you've not been there two years.

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

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

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?

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

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.

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

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

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

And are they waking nights or sleep-overs?

Im awake all night