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Old 30-11-2017, 03:25 PM #1
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Originally Posted by bitontheslide View Post
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
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Old 30-11-2017, 03:23 PM #2
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A girl who I used to work with was sacked for handing in a doctor's note saying she had depression
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Old 30-11-2017, 03:27 PM #3
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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?
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Old 30-11-2017, 03:32 PM #4
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Originally Posted by caprimint View Post
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
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Old 30-11-2017, 03:29 PM #5
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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
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Old 30-11-2017, 03:36 PM #6
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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.
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Old 30-11-2017, 03:42 PM #7
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Originally Posted by DemolitionRed View Post
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.

Last edited by Anaesthesia; 30-11-2017 at 04:08 PM.
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Old 30-11-2017, 04:04 PM #8
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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.
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Old 30-11-2017, 04:18 PM #9
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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.

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Old 30-11-2017, 03:34 PM #10
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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.
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Old 30-11-2017, 03:44 PM #11
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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
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Old 30-11-2017, 03:37 PM #12
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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.
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Old 30-11-2017, 03:46 PM #13
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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
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Old 30-11-2017, 04:05 PM #14
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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.
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Old 30-11-2017, 03:55 PM #15
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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
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Old 30-11-2017, 03:39 PM #16
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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.
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Old 30-11-2017, 04:44 PM #17
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Know your rights...

http://www.acas.org.uk/index.aspx?articleid=4028
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Old 30-11-2017, 04:48 PM #18
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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.
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Old 30-11-2017, 04:50 PM #19
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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
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Old 30-11-2017, 04:52 PM #20
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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.
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Old 30-11-2017, 08:53 PM #21
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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
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Old 30-11-2017, 10:10 PM #22
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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+...
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Old 30-11-2017, 10:17 PM #23
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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
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Old 30-11-2017, 06:28 PM #24
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what is actually wrong with you medically?
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Old 30-11-2017, 07:11 PM #25
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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.
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