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Being threatened with dismissal for having food poisoning Watch

    • Thread Starter


    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.


    a lot of jobs will have a 'probation' period where they can sack you at any point for no given reason, that's pretty normal and can be 1-6 months so in theory you could be under that, who knows given you don't have a contract

    I'm pretty sure they have 3 months to give you a contract, but if they've threatened to fire you then pushing for that won't help your case!

    when I spoke to ACAS about a work dispute a couple years back I was told that you basically can't bring a claim to an employment tribunal of unfair dismissal until you've been employed for 2 years, so basically in the first 2 years they can sack you for any reason as you can't really contest it... aside from that an employer, particularly in a job like that, could make your life hell if you kicked up a fuss about dismissal anyway... so there probably isn't much you can do except hope for the best

    as far as going forward, sickness could be a reason for dismissal if it's an ongoing problem (in which case you'd have been given warnings and had meetings) or if there are rules about calling in sick e.g. how much notice and who to call which are in your contract... you are absolutely right that you should not be working anywhere, certainly not somewhere with food, with diarrhea and vomiting

    EDIT: also your employer sounds awful, if they don't fire you I would start looking asap, these sorts of things should be a big red flag for the future

    I agree with the above - your employer sounds awful, I'd start looking for another job right now and get out ASAP!

    Perhaps a swift text back saying that you ******** yourself on someone's door step whilst delivering a kebab isn't going to be good for business.

    The boss has you by the short 'n curleys.
    Either go in or don't - the choice is yours!
    • TSR Support Team
    • Very Important Poster

    TSR Support Team
    Very Important Poster
    The above is pretty much right - you can be sacked in the first 2 years for any reason (I don't think they have to give a reason) for anything that isn't discriminatory.

    No doubt you would have been told off and sent home for turning up if you did turn up. :rolleyes:
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