can i be fired for this?
Posted by Fresh-Hovercraft-173@reddit | AskUK | View on Reddit | 37 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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kaybhafc90@reddit
Nope. As long as the doctor has signed you off your fine.
Being off sick doesn’t mean confined to your room. I’ve been off sick due to grief over the past few months and my doctor made it clear the best thing I could do was be out and about. Being cooped up inside all the time doesn’t do your mental health any good.
Littlevictory01@reddit
Hello, I work in vocational rehab in a GP practice & issue fit notes daily. No, as others have said it’s really important to socialise & do the things that you enjoy as this will help your recovery & improve your mental health.
Only thing I would say is just be mindful of social media & being tagged in posts, again you aren’t doing anything wrong but you just don’t want to give your employer any reason to question you. I’d also perhaps make sure your fit note has low mood, stress or mental health on there just so your employer can support you, you may be able to access support via occupational health….your employer would need to refer you for this though. If you can keep the lines of communication open with your employer, & keep them updated when fit notes expire you will be fine.
charlie02340@reddit
You cant as you have a signed sick note from your doctor. Go out and do the things you want to do or that makes your mental health better man.
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.
hannahvegasdreams@reddit
I think it’s indicative how businesses treat sick and disabled people in general and to be fair the wider population. Just look at the headlines we see, propaganda that makes those who are sick or disabled feel like they have to be a shut ins.
blizzardlizard666@reddit
Yeah totally I wish she just wasn't affected by it to the extent of not being seen literally shopping for food
GlitchingGecko@reddit
No. You have a fitnote. They'd have to prove that you lied and you were actually fit for work.
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
GlitchingGecko@reddit
It's a different word for the same thing though. Even GP's still call it a sick note. Doesn't really matter, does it?
fried_rice_guy@reddit
Especially considering the doc’s specific orders involved not working, but still getting out and socialising
NESWTS@reddit
He’s a wicked MC but I’m not sure I’d be taking medical advise from DRS…
LordDethBeard@reddit
Nope
You are unfit for work, not unfit for life.
cgknight1@reddit
Yes and no - if you have less than two years service (one in NI), they can just pay notice and monies owned and do not have to provide a reason.
Confused_Johnny@reddit
https://www.michelmores.com/commercial-litigation-insight/unfair-dismissal-employee-drinking-pub-while-sick-leave/
You technically could be fired, but it would be unfair dismissal!
LagerBoi@reddit
Nope. I was off sick with long term mental health issues due to workplace bullying and someone I worked with reported me to the company as they saw me in a pub with friends. The company directors tried to give me a disciplinary because "if you're well enough to go to the pub, you're well enough to work" until HR realised they can't do that.
Soapy212@reddit
With are sick note you can do pretty much anything you want.. holidays, decorating your home, landscape your garden.
The only thing you can not do is work
EdwardBear6419@reddit
You’re fine. Had a couple of instances where people on the sick would come for the monthly drink we used to have, it was encouraged and they’d still be given money for it as well (we used to get given £20pp for monthly staff drinks).
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.
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.
SourdoughBoomer@reddit
Nope your doc signed you off.
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.
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.
Calm-Drop-9221@reddit
You can go on holiday if you've got a Drs med cert saying unfit for work
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.
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!
Which_Performance_72@reddit
This made me quite hopeful for humanity
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
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.
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.
garnoid@reddit
Every other aspect of life is just as important for recovery
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.
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
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!
PrimeHuntOfficial@reddit
Have a good time at the club mate and slowly work your way back into proper work when you can!
ZlagathaChristie@reddit
Doubt it
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