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termination of contract once on a sick off fit note

iza
iza Member Posts: 488 Pioneering
Hi , my friend is off from work due to mental health problems ( overstressed, being anxious). She is already 6 months off from work on a sick pay. Now received email about job termination without termination letter being attached. Does the employer have a rights to terminate her job? Does the employer should not wait until she is better to see if he could provide for her adjustments ? How long max she can be off from work due to health problems? Is she protected by Equality Act 2002 ? Please advise.Thanks 

Comments

  • janer1967
    janer1967 Member Posts: 12,730 Disability Gamechanger
    Hi there 

    First of all refer to her contract and company policies regarding termination and absence 

    It is not normal to have a contract terminated without notice or disciplinary 

    You need the letter that should have been attached 

    Was it a perm contract or a temp or fixed term contract 

    It's hard to give accurate advice on the brief details you have given and presume there is more to it

    You can find good advice from ACAS and their website has excellent content 

    But please come back if you want more advice 


    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • iza
    iza Member Posts: 488 Pioneering
    Thank you very much @janer1967. I already sent my friend links to Acas. Yes there was letter attached but my friend lives at the moment in a small village and the internet is not working there well so the email from her work didn’t open properly. Now we know what does it contain. I am trying to find out what my friend will do us being on SSP she been dismissed. I think it is unfair dismissal from my observation but it is up to my friend to decide now . Thank you very much for help. 
  • janer1967
    janer1967 Member Posts: 12,730 Disability Gamechanger
    It's hard to advise further without more details 

    It's not usual practice to be dismissed without having followed a disciplinary hearing 

    I think there is more to this than your friend has said 

    What type of contract are they on , have the company followed their disciplinary process,  has there been any prior action or communication and so on 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • iza
    iza Member Posts: 488 Pioneering
    Thank you but she was not under any disciplinary action, they try to force her for welfare meeting to discuss her health during the time she suffer stressed related to work and was on medication prescribed by dr and or her medical notes states : note fit to work at all . So how employer tried to force her for meeting suggesting meeting in outside of work place suggesting cafeteria as so on . 

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