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reyno35 | 13:20 Tue 03rd Jul 2007 | Law
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My 21 year old daughter has been off work with stress since May because her boss was constantly shouting and swearing at her - can he sack her (she has a sick note from the doctor)
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not if she has doctors note no, if he does she can take him to a tribunual for unfair dismissal
I'd disagree with that - In the case of long term sickness, if the employee is unable to return to work and the absence is having an impact on the business a company can terminate a contract of employment. There are a lot of steps that they would have to go through first though, like inviting your daughter to a meeting to discuss the absence, requesting medical reports etc.
I'd disagree with it too - its fundamentally wrong.
As for proving that she has 'sickness caused by the conditions at her work' - that is likely to prove to be a difficult one to prove at a tribunal.
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Without being a doom merchant bosses can basically do what they want.

If you get sacked for whatever reason what avenue is open to you? A tribunal.

How long does it take for a case to get heard? Quite a while I would expect. Most jobs these days ask if you have ever taken an employer to a tribunal, if you put yes forget about the new job. Most employers want to know your sickness record and although it's not your daughters fault that will go against her too.

By the time it does to the tribunal stage how much would you win as opposed to how much you have lost?

Simple answer, leave the job have a word with the boss and say you want a decent reference.

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