A B&Q worker was sacked after having time off sick when she fell ill with Covid-19.
She tried twice to contact her manager in advance of missing her shifts, but no-one answered. After this, she became so unwell that she was struggling to breathe. This meant she was unable to call again.
While still being signed off sick with a doctor’s note, she eventually managed to inform her boss about her condition. At this, she was invited to a stage one disciplinary meeting which she was too ill to attend. Despite this, her case was escalated to a stage two disciplinary. When she returned to work, the employee was dismissed because the company claimed she hadn’t correctly followed absence procedures.
If she had worked for the company for more than two years, she could have made a claim to an employment tribunal for unfair dismissal.
As she didn’t have two years’ service, she contacted the Usdaw union, who helped her draft a letter of appeal.
As a result, B&Q offered to hold an internal appeal. The meeting was attended by the employee and an Usdaw representative. Happily, she was reinstated to her position, with pay backdated to her initial dismissal.
What this means to you
If you take time off sick for any reason, it’s important to follow correct company procedure. If you’ve been sacked after taking time off sick, it’s equally important for your employer to follow the proper process. If they don’t, you may be able to make a claim against them.
In this case, it wasn’t fair of B&Q to discipline someone who was so sick, and then escalate the issue while she was signed off and unable to attend a meeting.
If you’re not sure about where you stand, please give us a call.
Related reading
- Covid-19 employment rights Q&A
- I’m at risk of redundancy after being on furlough
- What are my employment rights with coronavirus?
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