Dismissed whilst on sick leave

[davidrichards27]

Briefly, I have been with my employer since Dec 2012.In Feb, had 10 days off with anxiety and stress, returned to work after this.Currently in my third week off again with this certified by GPJust received letter from employer telling me my employment has been terminated. No reason stated in the letter and no consultation either.Before I went off, was advised by HR to take some time off to get better.I would like to see if this has been done legally as you can imagine this is not doing my stress any goodThanks in advamceDavid

[ironman]

Re: Dismissed whilst on sick leave

You state you have been with your employer since Dec 2012? The law was changed in April 2012 so that an employer can now terminate a contract of employment without reason in the first 24 months of employment. A sort of extended probationary period. The only exception will be if the employee has "Protected Charaterstics" such as a disability etc

I am afraid you have no comeback and the dismissal will be deemed Lawful as you have completed less than 24 months continuous service

[stevemLS]

Re: Dismissed whilst on sick leave

I agree with Ironman and your sickness will not, in my view, be regarded as a disability within the meaning of the Equality Act.

[Johnboy007]

Re: Dismissed whilst on sick leave

Hi David,
Unfortunately the above posts are correct.
Even if the dismissal is 'unfair' as yours obviously is. There is no action you can take.
The qualifying periods of employment before being able to take a tribunal action, is as follows.

Before 6 April 2012	After first year of employment.
After 6 April 2012	After 2 years of employment.

[stillnothavingfun]

Re: Dismissed whilst on sick leave

It may be worth considering your rights under the Equality Act 2010. If your anxiety/stress is deemed to be a disability and that is the reason for your current absence from work/dismissal then your employer could be on very, very thin ice.