A guide on unfair dismissal while on sick leave due to an accident at work

In this blog, we discuss the dismissal during “sick leave” due to a workplace accident. Is it possible? Can one be dismissed while on sick leave due to a workplace accident, common illness, or personal injury? If you have these questions in your mind, you are at the right place to deal with this area.

First of all, let us tell you that if you think that this issue is only with women, or one belongs to a minority community, or that it only affects you, it is not true at all. Many people are surprised by a dismissal while on sick leave due to a workplace accident or common illness. This blog will present a careful analysis of this most pertinent aspect associated with accidents or illnesses, leading to a dismissal situation.

Let’s start!

This blog aims to respond to your two issues, your rights as an employee and fair compensation for your dismissal. At Wallace Legal, we have expert solicitors specialized in work accident compensation claims in Glasgow, Scotland, who will protect your rights as an employee. They will also guide you on getting fair compensation for your dismissal.

Dismissal during sick leave due to an accident at work

It is possible that the employer fires a worker while on sick leave. The critical aspect in this matter is the sick leave. This leave itself cannot be the reason that is pointed out to carry it out by the employer, that is, by the company.

The company will be responsible for highlighting other reasons other than medical leave. However, dismissal is indeed possible. Let’s explore this matter with two examples:

Example number one

A worker is on sick leave due to an accident at work or a common illness. The employer fires the worker by highlighting the sick leave as the main reason for dismissal.

“We (employer) dismissed you for being sick and not coming to work.” This dismissal is clearly, a null dismissal (the dismissal is discriminatory or breaches the constitutional rights of an employee).

The employer finds that one of the employees (who is on sick leave) has been stealing money from the company. The employer then dismisses the employee, and the reason given is theft, not sick leave.

Example number two

“We (employer) have found that you have misappropriated the company money. You are dismissed.”

Explanation

If you have been absent from the company for a long period due to your sickness, it might create grounds for your employer to dismiss you. However, if you are absent due to an accident at work, your employer is responsible at all.

Remember that long-term sickness might be a disability as the law pertains. If it does, you might be able to contend you were discriminated against. How long you have served the company does not matter if you want to claim discrimination. You need to go through your disability under the Equality Act 2010.

Dismissal during sick leave – Null

It is clear that when an employer dismisses an employee who is on sick leave, or when the sick leave itself is the reason for the dismissal, the employee would be facing a null dismissal. Look at the consequences does null dismissal have for the employer or the company:

The employer is forced to reinstate the employee in the same job and with the same pre-dismissal (invalid dismissal) conditions. No retaliation or impairment of any kind may be taken against the worker due to the tension generated by the employment situation of nullity.

If the employer disagrees with these readmission conditions, they will have to pay compensation to the worker if it were an unfair dismissal.

Deadline to make the claim

Remember that once you receive the dismissal letter, you will have 3 months less 1 day from the date your employment ended to submit the claim. If you make a claim for redundancy pay for equal pay, you will have 6 months to claim.

Hire Wallace Legal to make your work accident claim in Scotland

Wallace Legal offers the most experienced work accident claim solicitors in Scotland. If you have been dismissed without any reasonable grounds, and the employer agrees to reinstate you in the same job but not with the same conditions, we are here to help you!