No job

[midgetgem12]

Went into work after 7months on sick ready to go back got told my job given to someone else nothing for me I'm gutted dint think they cud do that really knocked my confidence 😢

[Hidden]

I don't think they can if you were handing in sick lines from your doctor

[midgetgem12 in reply to Hidden]

Sent sick notes In regularly they say there's no light duties jobs don't know what I should do next .Iv bin told it's discrimination just feel really low 😣

[Hidden]

I would try the job centre or dwp they should be able to help you or tell you who can

[velvet55]

Hi Midgetgem

The rotten bast***s !!

If you have been sending in sick notes there is certain procedures they have to adhere to.....it may be worth seeking some help and advice with this matter.

Try the citizens advice bureau or maybe others on here can help.

I hope you do not let this get you down when you are making a good recovery.

Love

Velvet xx

[midgetgem12 in reply to velvet55]

When I was off sick my supervisor told me that they had give my job to someone else because the work needed to be done manager had said that it would be to heavy a job and too many hours for me after my op but there was always a job of somekind when i was ready I got all clear last week consultant agreed nxt step in my recovery to go back to work I needed to go back cancer had took my life for last 7 months I rang work arranged to go in ystd got a fantastic welcome from evryone but then got hit with (there isn't any light duties job) she hasn't actually sacked me (no paperwork ) so I'm in limbo as what to do nxt .Thank you for your reply means alot 😊

[Jessy11]

This is most certainly not right! You cannot be sacked for being sick! The company has to, through consultation with you before you return to work, have a plan in place for your return. This might mean, a phased return to work, duties to suit your capabilities, shorter hours, to name a few examples. They cannot just sack you without telling you first of their intentions.

You really need to speak to the Citizens Advice Bureau for advice & help. You may even have a case to take your employers to a tribunal. Don't take this lying down, fight for what's right. Good luck & I wish you well.

[midgetgem12 in reply to Jessy11]

Hi Jessie my work colleges agree with you but I dunt think iv got any fight left in me it's knocked me for a six 😢x

[Gwen46 in reply to midgetgem12]

Don't let it get to you. Get advice, they WILL do nearly everything for you to get this sorted. xxx

[Hidden]

Hi it's a myth that you can't be sacked for being sick even with sick notes. You are sacked because you are not fulfilling your contract to be at work. That's how they get round it. Your best bet is to go to your GP, tell them what has happened and get another sick note. You will then be able to claim sickness benefit (ESA) rather than JSA (Jobseekers Allowance) because you might be refused it if you have been dismissed. x

[midgetgem12 in reply to Hidden]

I know I can get another sick note from doc but I needed to go back to work cancer had my life for last 7 months this was my nxt step to say "I'm getting there there is a light at end of tunnell" now I feel like I'm back in that dark lonely place 😦 x

[Hidden in reply to midgetgem12]

Well that's up to you. All I am saying is that if you need to claim JSA then you might be turned down because you have been sacked. If you claim ESA you should get it (depending on your circumstances), and it doesn't stop you looking for work does it? x

[Hidden]

Hi migetgem, ur right work can't dismiss u for being sick.... But they can dismiss u if ur no longer fit to do the job u signed on ur contract for, and if there's nothing else suitable to replace that job role. It's a tough one on both sides, where's the compassion for u, but it's still a business and ur role needed to filled, but they can only fill ur position permanently by somebody if ur never going to be able to fulfill that job role, if u were returning to work and can do the job ( after easing back in ) then that position should still be urs. Seek some professional advice on ur rights wether it be HR at ur works or through CAB. Good luck and take care. Xx Sonia xx

[Chez13]

Hi

There are many factors involved with being off sick. As you sent the notes in, if you have been there a long time they can ask to see you during the time you are off either you go to them or they visit you. But i think a lot depends on the length of service but in theory they can fill your space but not give it to someone else unless they can prove you are no longer capable of doing the job. I would say they are pulling a fast one. Also if you have house insurance some times you get free legal advice its worth checking and useing if you have it.

[Gwen46 in reply to Chez13]

My last job was for only 3 years, then I hurt myself and was off sick from 1991 till 1996 when my GP told them I would never be fit to work again. In all that time I sent in sick notes, and had regular visits from Management. I also got full pay. When they finally retired me I got a lump sum and was put onto final salary pension. A good firm to work for, and they would NEVER have treated anyone like yours have treated you. I'm disgusted.

[katieoxo60]

Hello Midgetgem12, that is not good news for you sorry to hear your company was unable to find you lighter employment. Maybe if you seek advice elsewhere you may end up with a better job with a more caring company that suits your needs better. It will have knocked your confidence but don't let that deter you from seeking help. Best wishes and remember seven months off for cancer is not long, get another sick note and go for help with the employment situation. I am sure things will change given time and a problem shared is a problem halved.

[Gwen46]

Your boss is out of order. He should have held your job open while you were handing in sick notes. I'm sure it's not allowed. In fact I'm sure it's illegal. Go see the Citizens Advice Bureau. Happened to me once and I went to them. Boss lied and it got chucked out, so went to tribunal and they went deeper into it, and when they found my boss had lied, I got compo. I still was laid off, but they could do that years ago. That's why I'm so sure you have rights now.

Have a go please, and let us know how you get on. Chin up.

Gwen

[FarmerD]

Hi Midge,this is not right.Employers can not sack you for being ill.You should seek advice from the citizens advice people.If you know your MP get in touch with them it is their job to protect your human rights.This may affect others on this forum so please let us know how you get on and the very best of luck! 👍 D.

[Chez13]

You cannot be sacked for being off sick if you hand in a sick note. But you can be declared unfit to work , but this is not easy for the employers to prove so is not often applied.

There may well be a case to answer to but all the facts need to be gathered before any correct comment can be made X C

[Gary56]

It also depends on the size of the employer. Cant remember how small they have to be but all they have to do is make "reasonable" effort to try to accomodate the employee.

[midgetgem12 in reply to Gary56]

Thanks guys and gals 😊for all your advise it's bin a real comfort to know that I could share my problem with others outside family and friends unit (they just want to rip employers head off😁) I will be ringing ACAS on Mon I have come along way since being diagnosed adjusted my day to day living its bin hard as you all know so iv got to fight for the nxt step of my recovery my job Thanku ☺x

[Hidden]

Hi midget gem.

I've read through most of the replys to you.

I used to have a small building company that employed 10 men...and I was wondering what I would do if the man just couldn't do the job that he had before and I didn't have anything that he could do...The guy himself would know that he can't do that job any more and should be looking for work he can do...end of story. I know life is hard and even harder when you been chosen wrongly for the chain gang.

Don't know why I said that.

You be fine.

Andy...no: 45378609

[midgetgem12 in reply to Hidden]

Hi Andy I get wer u are cumin from and agree but I had op on 22nd April new woman took my job on 1st June I didn't think they could do that 😕

[Hidden in reply to midgetgem12]

Hi again Midget gem. ..

Am not I lawyer or a judge. ...but I do know what's fair and what's not.

The company needed some one to do the job you were no longer available to do..that's fair enough.

If you feel you are able to do that job again and they will not give it back to you then that is not fair.

These things are not so straight forward. ..

Make an appointment with the C A B they are who I would be turning to if I didn't know what to do.

Good luck.

Andy.

[midgetgem12]

Thanks Andy i will be taking advice because I do think iv been treated unfairly

[Brianjen]

Hi

Did your doc give you a note asking the company to give you light duties and did you check with the company if they could accommodate the light duties before your doc gave you the letter are you ever going to be able to work your normal job again is yes then they can't sack you they have a duty of care to you they must go through a process Wich they don't seem to have through if your doc has singed you of fit for work get back to him and put another sick line in to your boss I have delt with this before good luck don't let them get away with it

[Azure_Sky]

I would say you may be in line for disability benefit Midge. ACAS will sort things out for you.

[midgetgem12 in reply to Azure_Sky]

Hi azure thanks for your reply Iv bin back to docs today just broke down i was looking forward to going back to work i felt it was my nxt step but they knocked my confidence made me feel useles Doc gave me another sick note put me on antidepressants I havnt rung acas i havnt got the strength for a fight with work ☺x