Fair or foul?

daddyman16

Forum Patron
Patron
So, let me just process this one...

He was off on sick leave due to illness, he was spotted during that period of sick leave at a pub/social club and was sacked because of this?

He then wins a court case for unfair dismissal.

If I've understood that correctly, then I don't see what his employer did wrong. He was on sick leave, so he was still employed and receiving a wage for that time off.

My only issue is, why was he sacked and not given a written warning? Unless he was on what do they call it, probation period?
 

daddyman16

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Being off sick doesn't put you under house arrest
But being off sick means being off sick.
If he was receiving sick pay and he felt better, he should've notified his employer.
It's like informal carers e.g. family members, they can receive Carer's Allowance, carers can do what they do in normal life but if they don't do the 'caring' bit, they can have their Carer's Allowance stopped.
Similarly, if a person with COPD is seen sparking up outside a social club and they're off sick, they aren't doing the 'being sick' bit and therefore should be sanctioned. However, does that mean being sacked?
 

jakehake

Preachs PA
Staff member
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But being off sick means being off sick.

I think they meant that “off sick” covers a multitude of things and not all of them would mean you should be isolating at home. Some forms of illness probably benefit from socialising and being around others trying to normalise your life for example. It can still mean you are eligible for sick pay whilst choosing to go to a pub if that’s what your brain thinks will help you. That wasn’t the case here it seems but that’s what I had assumed they were meaning
 

Joanpne

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Patron
So, let me just process this one...

He was off on sick leave due to illness, he was spotted during that period of sick leave at a pub/social club and was sacked because of this?

He then wins a court case for unfair dismissal.

If I've understood that correctly, then I don't see what his employer did wrong. He was on sick leave, so he was still employed and receiving a wage for that time off.

My only issue is, why was he sacked and not given a written warning? Unless he was on what do they call it, probation period?
How do you know he received a wage? He could have got just government paid sick pay.
 

northender0602

Forum Patron
Patron
Depends what his illness was, if he was off with chest problem, then getting spotted puffing away outside a pub/club is a bit daft, if he was off with a broken limb, then to me he’s entitled to go to the pub if he wants to.
 

raefil

Dolly Patron
Patron
But being off sick means being off sick.
If he was receiving sick pay and he felt better, he should've notified his employer.
It's like informal carers e.g. family members, they can receive Carer's Allowance, carers can do what they do in normal life but if they don't do the 'caring' bit, they can have their Carer's Allowance stopped.
Similarly, if a person with COPD is seen sparking up outside a social club and they're off sick, they aren't doing the 'being sick' bit and therefore should be sanctioned. However, does that mean being sacked?
You mean they can remove the £65 they get for doing a minimum of 37 hours a week?
 

daddyman16

Forum Patron
Patron
Reading about Statutory Sick Pay, if his employer believed he was fit to work after spotting him then they should have discussed whether he was able to return to work but do flexi-time, part-time or by change his role to lessen the effect on his health.
Perhaps he wasn't on SSP, but I know most people in his position would opt for it and would be perfectly entitled to.

I wonder whether his boss just flipped his/her lid and took offence that he was at a social club while off ill.
 

daddyman16

Forum Patron
Patron
You mean they can remove the £65 they get for doing a minimum of 37 hours a week?
If you do less than 35hrs of caring they can stop it, there are also rules about education which I find a bit unfair because there are bound to be people who study but who also care for someone for over 35hrs a week. Anyway, I'm going off topic now 🙃
 

222Mark

Serial killer of note
Patron
Deal with these cases a fair bit where the employer has failed to do a proper investigation and also hasn't followed the correct code of conduct for dealing with the disciplinary process. Employees can be a pain in the backside to employers but you'd be amazed how many employers think they're above the law when in fact they're the ones at fault.
 

raefil

Dolly Patron
Patron
In the article they've decided to use a stock photo of a pint of beer next to a set of car keys.

Not that I'm a sensitive little soul, but what on earth is that message all about.
Its how our putrid media works, sadly.

Back to @daddyman16 point. Im actually staggered the more i find out about carers allowance. 65 quid for what amounts to a full time job with hours and hours of overtime?

Why on earth are we, as a nation, paying scant regard to this?

It works out at £1.85 an hour for some of the most valuable people in the country.
 
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