Employer fired me for being in hospital ill

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Anonymous #1
#1
Report Thread starter 6 months ago
#1
I worked at a bar and got the job just before the end of March when lockdown happened - after the pub reopened I have been ill twice within a few weeks.

First time I had sickness, fever and a migraine, I got tested for COVID and came back negative. I was then unwell again and taken into hospital for pheumonia as I had symptoms of very low temperature and looked very blue. After I came out of hospital and after a few more days of resting at home - my employer called me in and told me I was fired for breach of contract and being off for more than 2 days in a month during probation. He was unsympathetic and unreasonable.

Is this unfair? I feel so angry about this.
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Joleee
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#2
Report 6 months ago
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www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/making-an-employment-tribunal-claim-is-it-worth-it/employment-tribunals-unfair-dismissal-claims/legal-tests/employment-tribunals-legal-tests-for-unfair-dismissal-claims-long-term-sickness/

https://www.gov.uk/dismissal/reasons...eds%20changing

i don't blame you for being angry and it seems unreasonable. unfortunately it's not so cut and dry. see links above.
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Anonymous #2
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(Original post by Anonymous)
I worked at a bar and got the job just before the end of March when lockdown happened - after the pub reopened I have been ill twice within a few weeks.

First time I had sickness, fever and a migraine, I got tested for COVID and came back negative. I was then unwell again and taken into hospital for pheumonia as I had symptoms of very low temperature and looked very blue. After I came out of hospital and after a few more days of resting at home - my employer called me in and told me I was fired for breach of contract and being off for more than 2 days in a month during probation. He was unsympathetic and unreasonable.

Is this unfair? I feel so angry about this.
Please name and shame the bar so we can boycott. Sounds like unfair dismissal to me and getting in touch with citizens advice is your best bet. You dod the right thing by not going into work if feeling ill, specially at a time lie this. I’ve also had several family members with covid some got a negative result, but when tested again a few days later it was positive. It’s not uncommon. They also had pneumonia as a symptom
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username2393237
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(Original post by Anonymous)
Please name and shame the bar so we can boycott. Sounds like unfair dismissal to me and getting in touch with citizens advice is your best bet. You dod the right thing by not going into work if feeling ill, specially at a time lie this. I’ve also had several family members with covid some got a negative result, but when tested again a few days later it was positive. It’s not uncommon. They also had pneumonia as a symptom
I don’t think TSR would appreciate it if the OP named and shamed the bar.
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Anonymous #2
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(Original post by YaliaV)
I don’t think TSR would appreciate it if the OP named and shamed the bar.
Ok then a ‘i wouldn’t drink at such and such because the pint are sh*t’ would suffice. Some companies have supported their employers amazingly throughout the pandemic & others haven’t and i no longer spend my money at the later. I see no issue doing the same here
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mgi
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(Original post by YaliaV)
I don’t think TSR would appreciate it if the OP named and shamed the bar.
They should be nsmed and shamed, even for 20 minutes on this thread.
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mgi
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(Original post by Anonymous)
I worked at a bar and got the job just before the end of March when lockdown happened - after the pub reopened I have been ill twice within a few weeks.

First time I had sickness, fever and a migraine, I got tested for COVID and came back negative. I was then unwell again and taken into hospital for pheumonia as I had symptoms of very low temperature and looked very blue. After I came out of hospital and after a few more days of resting at home - my employer called me in and told me I was fired for breach of contract and being off for more than 2 days in a month during probation. He was unsympathetic and unreasonable.

Is this unfair? I feel so angry about this.
Get some legal advice?
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gjd800
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If you're in your probationary period,you have very little recourse. They can pretty much bin you off for whatever they like. I'd just move on, tbh
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Surnia
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What does your contract say? Was your employer kept informed of the situation with you?
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mgi
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(Original post by gjd800)
If you're in your probationary period,you have very little recourse. They can pretty much bin you off for whatever they like. I'd just move on, tbh
But this is not quite true. Probationary dies not mean no employment rights! "if you dismiss someone without going through a fair dismissal process an employee can claim wrongful dismissal, for which there is no length of service requirement. Wrongful dismissal occurs when an employer dismisses an employee in breach of the employer's contractual or statutory obligations, for example by failing to follow a contractual disciplinary / dismissal procedure or failure to give contractual notice." a lawyer's opinion.
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gjd800
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(Original post by mgi)
But this is not quite true. Probationary dies not mean no employment rights! "if you dismiss someone without going through a fair dismissal process an employee can claim wrongful dismissal, for which there is no length of service requirement. Wrongful dismissal occurs when an employer dismisses an employee in breach of the employer's contractual or statutory obligations, for example by failing to follow a contractual disciplinary / dismissal procedure or failure to give contractual notice." a lawyer's opinion.
No, but the terms therein are usually less favourable than the terms of the contract when outside of the agreed period

The only thing that is guaranteed is that they cannot breach your statutory rights, and it is not clear form this post that stat rights have been breached, indeed it looks as though the sickness policy applies within the agreed period. There is no evidence, prima facie, of any misstep on the employer's part

It is unfair, but without seeing more, there's no reason to assume any illegality
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