Can I be Sacked whilst on Sick Leave Covered by a Doctor's Note?

Question: I have not been well recently and after a trip to the Doctors, I was signed off on the sick with a Doctor’s sick note for the past couple of weeks. I am now due to go back to work next week after having 3 weeks off in total.

I received a letter through the post from my employer stating that I need to attend a disciplinary meeting 3 days before my Doctor’s note runs out.

This has me worried now that I’m going to lose my job. Can they sack me for taking time off with a Doctor’s sick note? If so, then what can I do if they do sack me?

Answer: This may sound unfair and unjust, but unfortunately many people wrongly assume that a Doctor’s note is an order for you to stay off work for a fixed period of time. However as it happens, this is not the case, nor is it permission for you take any extended absence from work.

If you read the Doctor’s note, you’ll see that it is simply an advice to you, that you should refrain from working for the period of time the Doctor has written on the note. Employers are not obliged to accept your absence, even with a doctor’s note, though they often do.

All employers have the right to sack an employee for any unauthorised absence. In your case, you appear to have exhausted the disciplinary procedures.

Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value.

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