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Can My Contract Be Terminated On The Basis That I Have Taken Too Much Sick Leave


Contractually, your employer may allow you a certain amount of time off work as sick leave, whilst receiving full or part pay. The specific terms of what you are contractually entitled to will be set out in your contract of employment. If you earn over a certain amount you will be at least entitled to statutory sick pay (SSP). You can also claim for statutory sick pay from the government.

If your employer chooses to terminate your contract of employment whilst you are off sick, they must provide you with form SSP1. This form, once completed by you, will enable you to claim Employment and Support allowance from your local job centre. Your employer will no longer be paying you statutory sick pay.

If you believe that your employer has terminated your contract of employment because you have been off sick, you may be able to take the matter to an employment tribunal. You should follow your company's grievance procedure as set out in your contract of employment or in your company handbook.

If you have been dismissed because of being off sick you will need to seek urgent legal advice from a specialist employment lawyer. It may be that your employer has acted unlawfully in terminating your contract of employment due to your period of sickness absence, However, in some cases if you have been off sick on a long term basis, your contract of employment may have become 'frustrated'. This means that, affectively, the contract of employment no longer exists and your employer cannot be considered as having dismissed you.

If, however, the time you have taken off sick is connected to an ongoing disability you have and your employer has dismissed you because of the time off sick you have had, you may be able to make a claim for disability discrimination. Again, you should follow your company's grievance procedure and seek urgent legal advice.

You may be able to seek advice from a trade union representative if you are a member of a trade union. Alternatively, you should contact a specialist employment lawyer who will be able to assess the individual circumstances of your case and advise you whether or not your employer has acted unlawfully and whether you may have a claim to make. It is important to seek legal advice as soon as you become aware that an issue has arisen to avoid matters becoming complicated even further.

About Author Robert Gray :

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Article Added on Tuesday, April 30, 2013
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