The Student Room Group

Being threatened with dismissal for having food poisoning

Hi,

I am quite worried about a situation which has occurred today and I am looking for some advice.

I have worked for the past 5 months as a delivery driver for a well known fast food restaurant. Last night I started having symptoms of food poisoning (vomiting/diarrhoea etc) which continued to today. Being on the edge of feeling the need to be sick, I phoned my manager in the early afternoon saying I would not be able to come in this evening, but I should be able to come tomorrow. I explained the reasons, and they said that it was fine and they would see me tomorrow - so I got a hot water bottle and got into bed.

I woke up around 5pm to find a text message from the manager from an hour before saying (despite the previous conversation) that if I didn't come in, I would be fired.

Aside from the fact that I'm too sick to physically come in or work, I checked the Food Standards Agency website, and it says that any of my symptoms should be reported to the manager and I should not be around food preparation.

I still have not received a contract of employment from the manager, despite asking several times and so I don't know what the rules are regarding sickness or dismissal, but it doesn't seem right to me.

Can anyone offer some advice here? Quite urgent.

Thanks
You shouldn't have started work without seeing a contract

Posted from TSR Mobile
Reply 2
Unlikely to be able to fire you, unless they told you you were on a trial period. Even then unsure of how long a trial period can last?

Main threat is if you are essentially a casual worker with no minimum hours - in which case they could probably just not give you any shifts...
Reply 3
Original post by missytwinpeaks
You shouldn't have started work without seeing a contract

Posted from TSR Mobile


True but unhelpful :wink:
incredible... but it will be his word against yours if you complain.
You're working for the wrong people.

My advice is to rest up, get better, and if you get fired either take it and get another job, or take them to a tribunal. The latter may be tricky without a contract.

Employers have such archaic attitudes towards sickness. It's important that you find yourself one with an IQ that is actually above that of a moron.
Reply 6
If you have diarrhea and vomiting you should not be attending work until 48 hours have passed so you should not be returning to work tomorrow but as you work at 5pm it should be okay.
Reply 7
Original post by missytwinpeaks
You shouldn't have started work without seeing a contract

Posted from TSR Mobile


I was told I would see a contract within the month when I was hired, but then that manager left 2 weeks later and somebody else took over. I have asked them several times since but they keep saying that they don't have it, can't get it or have to ask the area manager to arrange for one to come. They also said they didn't know why I was asking as noone else had.

However, I have since spoken to one of the shift manager's and they said they didn't know why because they had theirs and briefly showed me, although I was unable to get a copy.
Reply 8
Original post by offhegoes
Unlikely to be able to fire you, unless they told you you were on a trial period. Even then unsure of how long a trial period can last?

Main threat is if you are essentially a casual worker with no minimum hours - in which case they could probably just not give you any shifts...


I don't think I am on a trial period (isn't that the first 12 weeks?)

I have had no previous warnings or conversations about work or sickness times with the manager.

I believe the minimum contract is 2 hours a week, although I usually do 15.
Reply 9
ACAS - unfair dismissal
Reply 10
Original post by chikane
If you have diarrhea and vomiting you should not be attending work until 48 hours have passed so you should not be returning to work tomorrow but as you work at 5pm it should be okay.


I didn't say I started work at 5pm - why do you think that's when I start?
Original post by offhegoes
True but unhelpful :wink:


Sorry-more of a FACT TO NOTE than advice. Apologies

Posted from TSR Mobile
Original post by Clez
I was told I would see a contract within the month when I was hired, but then that manager left 2 weeks later and somebody else took over. I have asked them several times since but they keep saying that they don't have it, can't get it or have to ask the area manager to arrange for one to come. They also said they didn't know why I was asking as noone else had.

However, I have since spoken to one of the shift manager's and they said they didn't know why because they had theirs and briefly showed me, although I was unable to get a copy.


Okay. But if you're starting any job you have the right to see a contract .

Posted from TSR Mobile
Original post by Clez
I didn't say I started work at 5pm - why do you think that's when I start?


My mistake but the main thing is your manager should be telling you not to turn up to work tomorrow and they are dodgy saying they will fire you if you have followed company policy read your handbook.
Reply 14
Original post by chikane
My mistake but the main thing is your manager should be telling you not to turn up to work tomorrow and they are dodgy saying they will fire you if you have followed company policy read your handbook.


Ok - I do start work at 5pm, but I wondered how you knew that and if you were someone who knew me.

I know that. I don't have a handbook or a contract so I cannot consult anything other than general UK employment law on the .gov site.
So do they expect you to come in and be vomiting everywhere? Your manager sucks.
Reply 16
Original post by missytwinpeaks
Okay. But if you're starting any job you have the right to see a contract .

Posted from TSR Mobile


I know, but I thought that because it was a reputable company there would not likely be an issue.
Reply 17
Original post by Ladymusiclover
So do they expect you to come in and be vomiting everywhere? Your manager sucks.


My point exactly - or, because i do deliveries, possibly vomiting in or near the car and then handling food or even possibly vomiting at a customer's house. And the toilet at work has been broken for over a month so this could have lavatorial issues too.
Original post by Clez
Ok - I do start work at 5pm, but I wondered how you knew that and if you were someone who knew me.

I know that. I don't have a handbook or a contract so I cannot consult anything other than general UK employment law on the .gov site.


No i don't know you so don't worry. You said your manager phoned you at 5pm so i assumed that is when you started work as why would they phone you at that time telling you to come in even though you said you were in tomorrow.

Who do you work for? You followed procedures and gave them enough notice i think they haven't managed to cover your shift maybe that is why they are threatening you? Your health comes first and would see this as unfair dismissal as you have a clean record.

Quick Reply

Latest