Employment/Money Help.....

27
Posted 3rd Nov
Hi all, newbie here and looking for some advice.

My boyfriend along with another 200 people were made redundant in July, although are being kept on until the end of december when the office officially shuts down. He has had his redundancy letter and meeting and confirmed last working day is december 29th.

Previous to this, from Jan to March he had time of sick with sciatica which was fully covered with doctors certificates and he then returned to work. It is now November and on the 1st he had one day off sick (48 hour bug) in over 8 months. They have now called him in for a meeting next week where he feels they are going to let him go due to his sickness, although he feels they are finding any excuse to dismiss people to save in redundancy money. We are both clueless with employment law and although iv tried my best to do my own research, i cannot really find the answer i am looking for.

So my question is, if they pull him in for this meeting and want to dismiss him based upon sickness, how does he stand with this.... he has had not a single day off since he returned to work, and now he takes one day off sick genuinally he feels they will try to get rid of him because of this, We just want him to go into the meeting with some information and whether he has a leg to stand on.

Thank you for taking the time to read this
Community Updates
Ask

Groups

Top comments
I'd recommend you give acas a call. They'll be better suited to offer any guidance - acas.org.uk/hel…ine
27 Comments
I'd recommend you give acas a call. They'll be better suited to offer any guidance - acas.org.uk/hel…ine
Can/have you got his contract available? If not ask for a delay so they can find him a copy of his contract and to get a person to go in and take notes
Some places have it on a total days off basis, a lot of places have it on a different days off basis
I. E - 5 days off = 1 episode
5 different mondays off = 5 episodes
Thanks for the advice...I will obtain a copy of his contract and check that out and then get him to call acas... was just looking for some advice before i did that
Has he been there less than 2 years? They can get rid of him because they don't like his socks before then.
Check your workplace sickness and absence policy and let us know what it says. It’s likely a procedure after hitting a trigger point.

Is he in a union? Take a rep.
If not, take a friend.

A poster above mentioned Acas which is great for advice if you don’t know much about employment law. But tbh they only know as much as you tell them in regards to policies and contracts, so you may as well get that information first.

Happy for you to PM if you need advice
As mentioned above, if he has less than 2 years service then they can bin him as merely 'unsuitable' if they want to. If he's been there more than 2 years and they do actually get rid of him for his sickness, then I think that any tribunal would quickly see through their ingenious little ruse.
I doubt they can get rid on that amount of sickness and you can appeal which would take you till end of year anyway... plus it’s not instant dismissal so unless he’s on his finale warning he won’t be sacked....

on a different note people work with sciatica all the time it can last years.
BeerDrinker03/11/2019 16:35

I'd recommend you give acas a call. They'll be better suited to offer any …I'd recommend you give acas a call. They'll be better suited to offer any guidance - https://www.acas.org.uk/helpline


Seconded ACAS are brilliant
they are unlikely to sack him because of sickness as that would be considered unfair dismissal unless he has only been in employment for less than 2 years then they don't have to give him a reason for dismissal. the fact that they have already sent him a letter about redundancy means that they have already decided to make him redundant and they won't change this.

the meeting may be about his redundancy terms. is there anything that makes you think he is going to be dismissed because of illness?
How long has he been there?

There was a case on an episode of 'Can't pay we'll take it away' where a guy was 'let go' because he was ill off work for a little while. He took it to court and destroyed them (although anything along these lines normally takes months/years to get any kind of result).
If he’s had his redundancy letter then I can’t see them now back tracking and axing him.
As the letter is issued, assuming he is due some redundancy, he’s got more than 2 years service. In which case binning him while on redundancy will he frowned upon severely. Especially as they would have reviewed his service record before issuing a redundancy notice.

I’m more inclined to say they need to offer some extensions and they may want him to stay on. It’s not always bad being dragged in.
It could also be, look we will pay you to the end of the redundancy period but don’t want the people in the office. Your last day is next week but have the same money due to you.

Speak to ACAS I’m only going on previous experience when we went through the process and I was laid off.
You are guessing, it might just be a formality, something to sign, or changing responsibilities as people finish.
Is he in a union?
Just had a thought... Its not a back to work interview is it?
Everytime I've been off I've had to have one of these to see why I was off and any changes that could be made to stop it
amy.vaughan03/11/2019 16:39

Thanks for the advice...I will obtain a copy of his contract and check …Thanks for the advice...I will obtain a copy of his contract and check that out and then get him to call acas... was just looking for some advice before i did that



You have had some good advice regarding ACAS and contracts. I recommend you search the Citizens Advice bureau and maybe try and see them before any meeting with employer. It is not clear to me whether this impending meeting is a disciplinary one or not. Oddly there is an ACAS code of practice which employers do not legally have to follow! If they don't though it will go against them at any tribunal.
I attach a few links which seem relevant:-
citizensadvice.org.uk/wor…rk/
citizensadvice.org.uk/wor…gs/
Douglas_Birks03/11/2019 17:34

Just had a thought... Its not a back to work interview is it?Everytime …Just had a thought... Its not a back to work interview is it?Everytime I've been off I've had to have one of these to see why I was off and any changes that could be made to stop it


Bit slow since he's been back since March!
esar03/11/2019 18:14

Bit slow since he's been back since March!


Might be better to read it again, he was off on the 1st of November
Douglas_Birks03/11/2019 18:22

Might be better to read it again, he was off on the 1st of November …Might be better to read it again, he was off on the 1st of November


You got me!
Even that seems a long time, but depends how busy HR is!
esar03/11/2019 18:54

You got me!Even that seems a long time, but depends how busy HR is!


It was only 2 days ago, do hr even work weekends?
esar03/11/2019 18:59

I'm off


Go and have a cuppa or something
So basically you dont know what the meeting is about yet you have decided that he will be getting fired.
matthews947903/11/2019 19:30

So basically you dont know what the meeting is about yet you have decided …So basically you dont know what the meeting is about yet you have decided that he will be getting fired.


Maybe he has previous?
fearona03/11/2019 20:33

Maybe he has previous?


If I knew I was being made redundant I would be having lots of sick days and not worrying about being fired.
I can't help but wonder why the first question from your BF's lips upon being told about a 'meeting' wouldn't have been "What's that for?" I know I would definitely want to know beforehand so I can be prepared. If the meeting isn't until later this week, just ask! I don't think for one moment the Management are going to say "Ahhh, you'll find out soon....."

Anyway, if it hasn't been said yet: Sorry to hear he's losing his job. Never a nice thing. I didn't see anywhere where it was mentioned how long he has been with this company? Is this a sole company or do they have other branches that are staying open? Could this meeting be to discuss him possibly relocating/commuting to another site?

I sincerely hope he can find something else soon. Easy to say; I know; but keep positive eh? Please do return and update us as it would be lovely to hear it wasn't anything for you both to worry about.

Kind regards, Phsy.
thanks everyone..he has worked for the company for just under 5 years.

he has been given his redundancy letter and has the final meeting this friday unless this other meeting comes beforehand.

The issue is not his job as he is leaving anyway, the issue is the company trying to find ways to "lose" employees before the redundancy money has been paid. The company is a large company (gambling/betting) and other offices in manila and the phillipines will remain open.
Post a comment
Avatar
@
    Text

    Discussions

    Top Merchants