Employed for 11 months and suspect that my employer is making a case to sack me

[pauledanger]

I have worked for a company for eleven months and suspect that my employer is making a case to terminate my contract before I reach the 12 month threshold.

The HR manager has started an investigation detailing a list of petty and ambiguous incidents. The stress caused by this situation has affected my health and I am currently signed off work by my doctor. I have received numerous emails from my company during my sick leave requesting an investigation meeting which I was prepared to have at my home but have been told today that it is not an appropriate 'neutral' venue.

My main questions are: 'can I be sacked without reason, or any formal disciplinary procedure before I reach 12 months service?' and 'Is my employer entitled to contact and badger me whilst I am off sick?'

The HR manager has also suggested that my sick pay is at their discretion and has not yet confirmed that I will be paid during my absence. Can they do this?

If I need to provide any further information, please let me know. Thanks in advance...

[davec1960]

Re: Employed for 11 months and suspect that my employer is making a case to sack me

The "12 month threshold" you mention is now two years so your employer has plenty of time to build a case.
In reality he doesn't need to build a case as he can dismiss without a reason.

[vanman]

Re: Employed for 11 months and suspect that my employer is making a case to sack me

Eligibility

To qualify for Statutory Sick Pay (SSP) you must:

• be classed as an employee and have done some work for your employer
• have been ill for at least 4 days in a row (including non-working days)
• earn at least £111 (before tax) per week
• tell your employer you’re sick before their deadline - or within 7 days if they don’t have one

Agency workers are entitled to Statutory Sick Pay.

Exceptions

You won’t qualify if you:

• have received the maximum amount of SSP (28 weeks)
• have taken 3 years or more ‘linked periods’ of sickness - where 4 or more days of sickness happen within 8 weeks of each other
• are getting Statutory Maternity Pay

You can still qualify if you started your job recently and you haven’t received 8 weeks’ pay yet. Ask your employer to find out more.
Fit notes (or sick notes)

You only have to give your employer a doctor’s fit note if you miss more than 7 days of work.
If you’re not eligible or your SSP ends

You may be able to apply for Employment and Support Allowance (ESA) if you’re not eligible for SSP or your SSP has ended or is coming to an end.
You do this using form SSP1, which your employer will give you:

• within 7 days of you going off sick, if you don’t qualify for SSP
• within 7 days of your SSP ending, if it ends unexpectedly while you are still sick
• on or before the beginning of the 23rd week, if your SSP is expected to end before your sickness does

You can get £87.55 a week Statutory Sick Pay (SSP) for up to 28 weeks.

You get SSP for the days you would normally have worked. It’s not paid for the first 3 days you’re off, unless you’ve been paid SSP within the last 8 weeks and are eligible for it again.
If you have more than one job you may get SSP from each employer.

How you’re paid

SSP is paid by your employer in the same way as your normal wages (eg weekly or monthly).

Tax and National Insurance will be deducted.
If you don’t think you’re getting the right amount of SSP, talk to your employer. If you’re still not happy, contact the HM Revenue and Customs (HMRC) employees’ enquiry line.

HMRC employees’ enquiry line
Telephone: 0300 200 3500
Textphone: 0300 200 3519
Monday to Friday, 8am to 5pm

[FlamingParrot]

Re: Employed for 11 months and suspect that my employer is making a case to sack me

I have worked for a company for eleven months and suspect that my employer is making a case to terminate my contract before I reach the 12 month threshold.

The HR manager has started an investigation detailing a list of petty and ambiguous incidents. The stress caused by this situation has affected my health and I am currently signed off work by my doctor. I have received numerous emails from my company during my sick leave requesting an investigation meeting which I was prepared to have at my home but have been told today that it is not an appropriate 'neutral' venue.

My main questions are: 'can I be sacked without reason, or any formal disciplinary procedure before I reach 12 months service?' and 'Is my employer entitled to contact and badger me whilst I am off sick?'

I'm afraid the law changed and from the 6th of April 2012, it's two years before you can claim unfair dismissal.

Yes, they can send you emails, I was once in a similar situation although I was signed off due to stress AFTER I was suspended and 'invited' to a disciplinary. They kept sending me emails and I kept sending them sick notes (it was 2003 so no 'fit' notes yet) and they kept postponing the disciplinary, up to a point. Eventually the disciplinary was held in my absence and employment terminated while I was still covered by a sick note so yes, it can be done.

[/QUOTE[The HR manager has also suggested that my sick pay is at their discretion and has not yet confirmed that I will be paid during my absence. Can they do this?

If I need to provide any further information, please let me know. Thanks in advance...[/QUOTE]It all depends on what your contract of employment and/or the staff handboook says with regards to sick pay. Some employers pay in full up to a certain period of time as long as you have a doctor's note, some pay just, say up to 5 days per 12 month period, etc. In the absence of a more generous sickness policy, you get statutory sick pay only and anything else would be discretionary.