can i be fired for this?

Posted by Fresh-Hovercraft-173@reddit | AskUK | View on Reddit | 23 comments

currently signed off of work for an leg injury and i’m in a boot and a brace. the injury is severely affecting my mental health as i was bed bound for several weeks. drs has advised im unfit to go back to work due to the nature of my job (small kitchen) but has told me to get back to socialising and back to normal life just without work. can i be fired for going to the club for 3 hours in my boot and brace whilst on my sick note?

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DeadBeatDavey@reddit

Being fit for work is entirely different from being fit for social activities. I'm a union rep and once had a fella who had two jobs. He was sick from one, but not the other. Similar roles too.

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GlitchingGecko@reddit

No. You have a fitnote. They'd have to prove that you lied and you were actually fit for work.

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Competitive-Log4210@reddit

One of the many things the tories changed that fucks me off. It's not a fit note, if it was it would mean you're fit for work, which you're not, it's a sick note which means you're not fit for work

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fried_rice_guy@reddit

Especially considering the doc’s specific orders involved not working, but still getting out and socialising

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blizzardlizard666@reddit

My mum has had periods of sickness where she's been ok to be out for a couple of hours at the shop but not ok for a day's work with all the physical stuff it entails and she always hides away in fear someone will see her and think she's a fraud. But this is a stupid way to live because illness doesn't mean you're a shut in, and it's better to try and enjoy yourself for a better recovery.

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Bss8910@reddit

No, but I'd ask for a copy of your companies Long Term Sickness policy. LTS is something that can lead to a dismissal so just make sure you know the ins and outs of it.

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SourdoughBoomer@reddit

Nope your doc signed you off.

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CaptLlamaPants@reddit

i had this happen to me years ago, I was signed off due to a knee injury and i was on crutches and in a brace. Couldn’t work due to this so signed off

i went out for a drink with my friends so went to a club for a couple of hours as i could just go there and back. I was pulled in by my manager at the time asking why i was in a club, I explained doctors had told me to continue socialising etc for my mental health and that i did not do anything to injure my knee further .

I was so angry about this i rang the HR dept and they confirmed so long as i wasn’t making my injury worse then there was nothing to be done from the company’s end.

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SomeHSomeE@reddit

There are no specific employment protections against being fired for a lack of attendance due to injury or sickness. There are protections when it's a disability but that doesn't apply in this case.

In the first 2 years, the protections are even thinner and unless you can prove it was discriminatory or due to asserting statutory rights such as minimum wage, then you can't even raise a case.

After 2 years there is a legal burden on the employer to show a dismissal is fair by following a proper procedure, and a legitimate, one-off albeit long-ish absence under medical advice will be tough for them to claim that.

So in short: under 2 years in your scenario, they could fire you and you wouldn't even be able to challenge it in a tribunal. After 2 years you would be able to challenge it and I think you'd have a decent - but not guaranteed - case.

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Calm-Drop-9221@reddit

You can go on holiday if you've got a Drs med cert saying unfit for work

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HannaaaLucie@reddit

If your doctor has said you're unfit for work, you have proof of this, and they sack you.. then you can sue them for unfair dismissal.

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invincible-zebra@reddit

No.

When I was off due to mental health, my doc said I needed to NOT hide away like an invalid and go out and do things, travel, go on that holiday I already had booked, go to the pub with mates, etc.

I just straight up told my boss this and their response was to basically say ‘thank fuck for that’ and invite me to the pub that evening!

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Which_Performance_72@reddit

This made me quite hopeful for humanity

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nathderbyshire@reddit

Despite the answers Tesco tried it with me. Got a doctor's note and went home sick on my dinner due to my health, I lived in a house share so I went out with one of the girls (to another Tesco or all things) to grab tea and realised there was a harry potter themed bar nearby. We went, had a drink and talked to the owner then left and made tea at home but she'd taken a picture and put it on Facebook and even though I wasn't in it she tagged me.

Well someone grassed and they printed the post out and showed it to me and said if it was posted during when my shift was supposed to be I'd have been fired because if I was too ill to work I was too ill to 'go out drinking'. They just treat you like a child. The reason we went for a drive was to help with my mental health, just ended up near the bar by chance when we parked up

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Equivalent_Age8406@reddit

Yeah this. A fit note is not legally binding in the uk. It basically comes down to how big of an asshole your employer is.

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First-Lengthiness-16@reddit

That would depend on the nature of your illness that caused you to leave work.

If you were complaining of stomach problems/shits, it would be fair to investigate that.

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garnoid@reddit

Every other aspect of life is just as important for recovery

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toady89@reddit

You’re signed off work not off life. If things become too much in a club you can make your way home or even just sit and chill if there’s a sofa/chair, if you’re in work you’re expected to give a full day.

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Equivalent_Age8406@reddit

If you worked there less than 2 years you have a lot less rights. Over 2 years you are more protected. take a read of this https://www.acas.org.uk/dismissals/unfair-dismissal

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Competitive-Yard5226@reddit

I tore my Achilles last summer and was in a Veloboot for months. I had a fit note and still went out (I work for a water company) when I could, just to shops or something, I was going crazy stuck in the house with my leg elevated and not trying to be mobile.

Get out and socialise, anyone spots you from work or asks you, you’ve got a sick note, not on house arrest. Hope it heals well and hope you recover soon!

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