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