[Denver]

Basically i get a lot of overnights and i cant sleep in the day and it has been making me very ill, so i went to see my doctor who said my health isnt great at the moment and he gave me a doctors note to say i can not do overnights but im worried that as ive only been at this job for 5 and a half months they will get rid of me but would they be legally allowed?

[Cherie]

Have you a contract of employment?

[Denver]

Originally Posted by Cherie

Have you a contract of employment?

i do have a contract

[Crimson Dynamo]

if your job requires you do overnights yes as why the feck would they want you?

[Denver]

Originally Posted by LeatherTrumpet

if your job requires you do overnights yes as why the feck would they want you?

its a flexi contract i was told id do 60% less nights then i have

[Crimson Dynamo]

Originally Posted by Adam.

its a flexi contract i was told id do 60% less nights then i have

yes but what does the contract say?

[Denver]

Originally Posted by LeatherTrumpet

yes but what does the contract say?

Says im able to work any hours but was verbally told 2 overnights a fortnight because they rotate staff but they have not done this

[Crimson Dynamo]

Originally Posted by Adam.

Says im able to work any hours but was verbally told 2 overnights a fortnight because they rotate staff but they have not done this

verbally schmerbally

its what your contract says

[Tom4784]

I don't think they can sack you if you have a Doctor's note especially if you are doing more nights than you are contracted to.

As long as you are still doing contracted hours then they can't really complain.

[Denver]

Originally Posted by Dezzy

I don't think they can sack you if you have a Doctor's note especially if you are doing more nights than you are contracted to.

As long as you are still doing contracted hours then they can't really complain.

I know they let someone have 6 months off over nights with no doctors nte for migraines

[Northern Monkey]

Originally Posted by Dezzy

I don't think they can sack you if you have a Doctor's note especially if you are doing more nights than you are contracted to.

As long as you are still doing contracted hours then they can't really complain.

Yeah i’d say this^

Although they might start finding other ways to get rid.Companies do that **** all the time.

[Cherie]

You need everything in writing, its you word against theirs at the moment, if you have passed your probationary period then I would say you can't be sacked though as others have said if it is in the contract that you work at the discretion of your manager or something they can let you go I guess, citizens advice is the place to take this

[DemolitionRed]

Originally Posted by Cherie

You need everything in writing, its you word against theirs at the moment, if you have passed your probationary period then I would say you can't be sacked though as others have said if it is in the contract that you work at the discretion of your manager or something they can let you go I guess, citizens advice is the place to take this

This^
Have you finished your probationary period? if not, they can have a probationary meeting and say your not suitable for the job they employed you to do.

Does it state in your contract that you are expected to do a couple of nights a fortnight? If it does, they can't insist you to do more. If you have done nights up until now but you are now finding that nights are making you ill, that's proof enough that your contract of work is making you ill. They do have a legal obligation to look after your health and should attempt to work around the problem with you but if your on probation, they likely aren't going to do that and like Livia and Vicky said, they can sack you without reason for up to two years.

Are you in a union? if so, this is a job for them to sort out for you. If your not in a union then log and date everything, from the conversations you have with your manager, the dates and appointments with your doctor and so on.

What sort of work is it if you don't mind me asking?

[Denver]

Originally Posted by DemolitionRed

This^
Have you finished your probationary period? if not, they can have a probationary meeting and say your not suitable for the job they employed you to do.

Does it state in your contract that you are expected to do a couple of nights a fortnight? If it does, they can't insist you to do more. If you have done nights up until now but you are now finding that nights are making you ill, that's proof enough that your contract of work is making you ill. They do have a legal obligation to look after your health and should attempt to work around the problem with you but if your on probation, they likely aren't going to do that and like Livia and Vicky said, they can sack you without reason for up to two years.

Are you in a union? if so, this is a job for them to sort out for you. If your not in a union then log and date everything, from the conversations you have with your manager, the dates and appointments with your doctor and so on.

What sort of work is it if you don't mind me asking?

I ave finishe probation i was told i had passed my probation in September

[Vicky.]

Originally Posted by Northern Monkey

Yeah i’d say this^

Although they might start finding other ways to get rid.Companies do that **** all the time.

Yup.

If they are pissed off, they will just use another reason.

[bots]

its entirely on the contract and i would suggest it will cover situations like this in their favour

[Northern Monkey]

I feel you with the nights.I could never sleep through the day either.I used to get 4 tinnies and drink them to help me sleep.Not a healthy lifestyle.Got some funny looks too in the offy buying beer at 7.00am.

[Crimson Dynamo]

i cant sleep in the day and it has been making me very ill


1. why cant you sleep? take some night nurse

2."making me very ill" - explain

[Livia]

Like everyone's said it's all down to what's in your contract... and bear in mind you cannot amend a written contract with a verbal one, so what they've said since your contract counts for nothing if it contradicts the contract. What does your contract say about sick leave?

If they did sack you, you will only be able to claim unfair dismissal if you've worked there for two years or more, with certain exceptions.

Lack of sleep is serious. They use it as torture.

[Denver]

Originally Posted by Livia

Like everyone's said it's all down to what's in your contract... and bear in mind you cannot amend a written contract with a verbal one, so what they've said since your contract counts for nothing if it contradicts the contract. What does your contract say about sick leave?

If they did sack you, you will only be able to claim unfair dismissal if you've worked there for two years or more, with certain exceptions.

Lack of sleep is serious. They use it as torture.

my contract is flexible so it isnt restricted to overnights

[Livia]

Originally Posted by Adam.

my contract is flexible so it isnt restricted to overnights

What does it say about sick leave?

[Denver]

Originally Posted by Livia

What does it say about sick leave?

Say im entitled to 5 weeks paid sick leave a year

[bots]

if your contract says you are expected to do night work and your sick note says no more night work, then you are not able to fulfill your part of the contract for the foreseeable future. If they have people queuing up for jobs, why should they keep you?

[Denver]

They are already in hot water

[Tom4784]

They might be able to transfer you over to another team since they need a valid reason to get rid of you if nights are a problem and as long as you are covered by a doctor's note then they shouldn't be able to get rid.