Goochie

A good friend of mine has recently lost her job.

She started working for "Company X" in November having signed her contract etc. with no problems. Work was going OK until just after Christmas when she was unable to attend work due to a serious illness. She informed her immediate boss via telephone on her first day of absence and each day after that as required by her contract. She was away from work for 3 maybe 4 days in one week. She had also provided a doctors note for the duration of her illness

Upon returning to work the following Monday her boss gave her a "pep talk" saying that she wanted to be sure that my friend was commited to the company. My friend said that she was etc.. and was very sorry.

Come Thursday, my friedn was becoming very ill again and was sent sent home by her colleague (in the absence of her boss) and remained at home for the rest of that week.

The following week, she was very ill on the Sunday through to Wednesday and was unable to attend work. She kept her boss informed throughout as required.

On Thursday evening of last week her boss leaves her a voicemail saying "I'm sorry that I have not had the chance to do this face to face but I'm terminating your employment with Company X"

We both feel that this is purely down to her illness as she was perfectly able to carry out her job and when at work she worked very hard, got there early and stayed late etc..

Do you feel that my friend has any grounds for taking Company X to an industrial Tribunal?

Should she expect to be paid in full for her notice period (one week) from recipt of a WRITTEN dismissal ?

Any advice would be greatly received.

damian666

Still within most companies probationary period, and as such they can pretty much get rid of someone without a reason.

It is admittedly unfortunate to be ill, but if the company cannot rely on her, then they have a right (I'm not saying its cool) to look for somebody else.

Damian

ProperCharlie

I would say that she should get paid her notice period paid (from dismissal date)- most companies will pay this to prevent any possibility of an IT. As Damian said; she is still within her probation period so they can basically get rid of her without too much procedural stuff. I would think that they are thinking her health is going to be an ongoing problem and they don't want that. It's unfortunate for your friend, but you can understand it from the company POV, too.

Dave P

As I understand it probation is not the problem, but the first year of employment. Terms of probation normally just shorten the notice period from 4 weeks to 1 week.

However during the first year of employment you can pretty much get rid of anyone.....

She should get paid her notice period though.

Still pretty tough on her though.

Dave