November 26, 2010
Is this grounds for unfair dismissal?
By Planet Wealth
My boyfriend was recently fired from his job where he has been working for nearly 3 years for taking too many days off even though he was covered by a doctor’s certificate. He had tonsillitis and the doctor gave him a week off work to rest and get better. That weekend he was feeling a small better so went out for drinks with some mates from out of town who he doesn’t see very often, but one of his boss’ mates saw my bf out and told his boss. On tuesday (the monday was a public holiday) my bf went back to the drs for a flu shot, which was already arranged before he initially saw the other dr about the tonsillitis.He didn’t feel very well after having the flu shot and the nurse told him to have the day off. He didn’t get a dr certificate but was still covered by the previous drs certificate. My bf’s boss called him in when he went back to work the following day and fired him under the grounds that he was mustn’t have been sick if he was ok to go out and drink on the saturday night. As my bf was not required to be at work during the time his boss’ friend saw him out, then I don’t reckon that this should be grounds for dismissal and what he does in his own time is none of his boss’ business. Oh and my bf works so hard and rarely takes a sick day or holiday. Is my bf’s situation classed as an unfair dismissal and if so should we take it to the dept of honest trading, or is it better for him to just forget it and find a new job with a decent boss.
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3 Responses to “Is this grounds for unfair dismissal?”
Comments
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November 26th, 2010 at 7:56 pm
You can’t get sick from a flu shot. That’s crap.
November 26th, 2010 at 7:56 pm
There’s an ancient saying my mother said when I stayed home from school sick, that if I was well enough to go out and play, then I was well enough to go to school.
Once a co-worker saw your boyfriend out on Saturday, he should have been back to work on Tuesday even after the flu shot and feeling lousy, regardless if he was still covered by the doctor’s certificate.
If he felt excellent enough to go out with his mates, then he was well enough to show up for work.
I agree with his boss and if he had been working for me, once he chose to go out with his mates and took the chance someone would see him, he lost his rights. Now if he had his mates over to your place in lieu of going out, he could have seen them w/out the chance of being seen by his co-workers.
November 26th, 2010 at 7:56 pm
In UK employment law, lucy’s well-made points do not necessarily stack up. The fact that you mention unfair dismissal, makes me reckon you are in the UK.
Firstly, he must appeal against his dismissal. This must be offered to him as part of the company procedures (and below is a link to the Code they should follow, for you to check through). In theory he could be honestly dismissed for Yucky Misconduct, if they had a reasonable belief, after a proper investigation, that your bf lied about his sickness (in particular on the Tuesday). But, the explanation you give here is significant mitigation, and seems to have been given small credence. Employment Tribunals (ET) do not willingly tolerate instant dismissal for first offences unless for something like theft. Some will argue that getting sick pay if not sick is much the same, so beware.
As I’ve said, it is an ET to whom your bf can submit any claim, but only after his appeal is heard. No harm in reading more now, and again I’ve place a link below. The main heading he might claim is "Unfair dismissal on grounds of capability, conduct or some other general reason".
He should meanwhile look for another job anyway. And you may need help with the claim, and the CAB is your best bet if you can get an appointment with their visiting solicitor. Without more detail I cannot be sure if he has a excellent case, but have tried to guide you through the key points.
Excellent luck.