I have just lost my job due to apparant time off due to sickness, i have had sick notes for both times i had off. i have been in my job for 4 months, on 20th nov - 5th dec i had a very bad chest infection which then set my athma off and i also had tonsillitus i was given steroids for my chest and 500mg amoxicillin for my throat. I the had the 6th feb to 16th fab off for gasteoenteritis i only had 10 days off as i was told by my employer i HAD to have 10days off and was not allowed to return back to work until those 10 days were up.
I had a disciplinary meeting on wednesday 25th of feb, i was not told about the disciplinary until tuesday (day before meeting) They then told me i had to leave the job, i have to finish my one weeks notice and then leave.......
Is this right, is my employer right and if not what rights do i have.....?
Within the first 12 months of employment an employer is free to dismiss any employee for any reason whatsoever (or even in the complete absence of a reason). There are a few limited exceptions to that rule but unfortunately they don't apply to your situation.
If you have been there less than a year you can't claim unfair dismissal in this case.
Even if you had been there longer the employer can do this if the absence was causing concern provided the employer has followed the procedure. The dismissal would be on grounds of capability. The genuineness of the absence makes no difference