Unlawful Dismissal Claim
The individual has been on medical leave from a warehouse job due to wrist pain for various periods between 2024 and early 2025, as confirmed by medical certificates from their doctor. They missed an absence review meeting scheduled in January 2025 and have been notified of a follow-up meeting set for March 2025, where they have the right to be accompanied by a representative. The individual encountered issues with their training, which they initially failed but later passed in October 2024. Despite expressing a desire to return to work, they have been unable to do so, and the outcome of the upcoming meeting could possibly result in termination based on capability grounds. They are advised to prepare for the meeting by reviewing related documents, including training records and risk assessments.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIf I am dismissed due to sick leave, what compensation might I be entitled to after working for three years?
If you are terminated due to prolonged sick leave, your entitlements will vary depending on several factors such as whether you received any statutory sick pay or company sick pay during your absence. If terminated, you might qualify for statutory redundancy pay if the dismissal counts as a redundancy, and you may also be entitled to notice pay. For three years of service, this could involve one week's pay for each year worked, though redundancy may not be applicable to your scenario. Make sure to collect any remaining holiday pay. It is suggested to review your employment contract and assess whether this dismissal could be classified as unfair dismissal, which may influence any compensation claims.
What should I do if I believe my termination was related to my medical leave?
If you suspect your termination was linked to your medical leave, you could have grounds for a claim of unfair dismissal or discrimination based on disability. Employers need to adhere to fair procedures and consider reasonable adjustments for employees with health issues. It's essential to verify if your dismissal falls under categories regarded as 'automatically unfair', such as being dismissed for asserting a statutory right or due to discrimination. Confirm whether your employer followed proper guidelines during the dismissal process. If these rights were violated, you may seek redress through an employment tribunal, and it is advisable to consult a legal professional for specific guidance.
How can I ascertain whether my dismissal was wrongful or unfair under employment law?
To evaluate if your dismissal was wrongful or unfair, consider several factors:
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Fair Justification: The employer must provide a valid reason for the dismissal, such as capability or redundancy.
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Fair Procedure: The employer should have adhered to fair processes, including proper notice, discussions, and chances for you to respond.
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Discrimination Concerns: If the dismissal relates to a disability (for example, wrist issues), and necessary adjustments were not made, this could reflect discrimination.
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Service Duration: At least two years of continuous service is needed to pursue a claim for unfair dismissal, which you meet with your three years of employment.
Review how your employer managed your capability meetings and the accommodations offered.
What evidence is useful to support a claim of unlawful termination related to medical leave?
To bolster a claim of unlawful termination due to medical leave, compile evidence that links your dismissal to your illness-related absences. This might include your doctor's fit notes detailing your health condition, any communication with your employer about your leave, and records from meetings regarding your absence. Document any actions or statements from your employer suggesting that your dismissal was influenced by your sick leave. Also, check the company's policies on sickness absence and termination to verify if they were followed correctly.
What time limits should I consider for filing a claim regarding wrongful termination?
In the UK, if you suspect wrongful dismissal, you must lodge a claim with the Employment Tribunal within three months minus one day from your dismissal date. This deadline is strictly enforced, so it's essential to initiate the process quickly if you believe you were wrongfully dismissed. Given your ongoing health issues and attendance concerns, it is wise to gather all necessary documentation and pursue legal advice promptly.