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Author Advice Please
strick206
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Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
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13th May 07 at 18:23   View User's Profile U2U Member Reply With Quote

My brother has been off sick for a while from work, he fell over in work and broke a couple of fingers and was given doctors notes that said he couldnt return to work

when he returned the doctor still said he shouldnt but he needed money so had no choice,

Last night, he was playing football and has somehow managed to break his hand in 3 places in a tackle

He's told his work, and is now on the sick again as he cant work with a broken hand

Theyve called him in for a meeting tomorrow and i think there going to sack him, he hasnt been there a year and ive had a read through unfair dismissal and im struggling to think if he has a case

The thing that is making me doubt it, is that he was originally off sick due to falling on a wet floor in work, and obviously this one now

Any comments on this?
taylorboosh
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Registered: 3rd Apr 07
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13th May 07 at 18:27   View User's Profile U2U Member Reply With Quote

my brother had bin at a job 4 6months when he fell off a moter bike he was off work for 18 months and they never sacked him
strick206
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Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
User status: Offline
13th May 07 at 18:29   View User's Profile U2U Member Reply With Quote

I used to work there for 2 and a half years, i actually trained 3 of the 4 managers there,

Its only Burger King, but its his job until he gets his qualifications and he needs it

In my experience in working there and how they are with him i think they will sack him
Colin
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Registered: 4th Apr 02
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13th May 07 at 18:37   View User's Profile U2U Member Reply With Quote

Unfair dismissal if they sack him, what does his contract say on sickness & sick pay?? I assume he does have a contract??
Robin
Premium Member

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Registered: 7th Jan 04
Location: Northants Drives: Clio 182 Cup
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13th May 07 at 18:38   View Garage View User's Profile U2U Member Reply With Quote

They can't sack him.
Marc
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Registered: 11th Aug 02
Location: York
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13th May 07 at 18:44   View User's Profile U2U Member Reply With Quote

I was told I was treading on very thin ground at my old job. I always made sure I had sick notes though.

Sliced open finger, broken elbow, broken finger and flu twice over 3 years.
bubble
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Registered: 24th Jan 04
Location: Darwin, NT Australia.
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13th May 07 at 19:17   View User's Profile U2U Member Reply With Quote

i wud want to get sacked-pursue unfair dismissal and rake some ££ in
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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13th May 07 at 19:31   View User's Profile U2U Member Reply With Quote

if they sack him then I would certainly look to take it further. I would also look into some claim against them for the injury at work, see if he can get some money out of them that way if they decide to sack him!
Greg_M
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Registered: 2nd Sep 03
Location: Grantham, Lincolnshire
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13th May 07 at 19:34   View User's Profile U2U Member Reply With Quote

he wouldnt have much of a case in a tribunal, and even if he got there. there are several ways they can argue the case tbh.

ive known large companies just sack people and go through court without batting an eye lid.

usually large companies dont make a mistake like sacking someone that can be reinstated or a large pay off very often.

Saying that i believe they are all franchices are they not?

what is his contract period of notice? whats his probationry period? could the injury prevent him doing his job in the future?

i would say they are calling a meeting to discuss his long term prospects. because if they can get him to leave/quit they will

[Edited on 13-05-2007 by Greg_M]
strick206
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Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
User status: Offline
14th May 07 at 00:13   View User's Profile U2U Member Reply With Quote

Not all are franchises mate, im 99% certain the one he works for isnt, it definately wasnt when i worked there a year ago

i dont know details about his contract but when he got the job he will have signed a contract of employment

the injuries only a broken hand, itll heal and im sure it wont affect how he can do the job in the future
mikeef
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Registered: 20th Aug 06
Location: Kent
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14th May 07 at 00:38   View User's Profile U2U Member Reply With Quote

They are all franchises, All franchised out last year IIRC
strick206
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Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
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14th May 07 at 01:05   View User's Profile U2U Member Reply With Quote

will check tomorrow with a mate
johnhara1
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Registered: 19th Oct 06
Location: Newcastle upon Tyne
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14th May 07 at 08:48   View User's Profile U2U Member Reply With Quote

a friend of mine worked for nissan, he broke his hand and couldnt work.

They called him in and sacked him as he was falling behind with the training.
ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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14th May 07 at 08:53   View User's Profile U2U Member Reply With Quote

dont they have to send you to a company doctor or something to check them selves if your fit enough to work before taking any action could be wrong though.
RichR
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Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
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14th May 07 at 08:56   View Garage View User's Profile U2U Member Reply With Quote

unfair dismissal is only applicable with over 12months in poisition. You could look at wrongful dismissal

[Edited on 14-05-2007 by LiVe LeE]
Wonderboy
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Registered: 30th Dec 06
Location: Ayrshire, Scotland
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14th May 07 at 09:40   View User's Profile U2U Member Reply With Quote

My mum got a written warning for being off work, because of an illness she has...

I don't think that was very fair.
strick206
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Registered: 12th Apr 07
Location: Wigan Drives:Integra DC5
User status: Offline
14th May 07 at 11:22   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by LiVe LeE
unfair dismissal is only applicable with over 12months in poisition. You could look at wrongful dismissal

[Edited on 14-05-2007 by LiVe LeE]


Ive read up on it, you can still have a case in some circumstances if youve worked there less than 12 months

 
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