Can I be sacked for having a sickie?

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MickeyT	(UK) Pulling a sickie can have different consequences, depending on your bosses attitude and on how long you've worked there (hence your rights). If you've been there under a year then you can just be sacked, since your employer needs no reason legally and you have no job security - he can fire you for your choice of shirt if he likes. After a year you have more job security, so then you're entitled to two official verbal warnings, then one written warning (three separate incidents) before you can be dismissed - except in cases of gross misconduct, when you can be instantly dismissed with no pay in lieu of notice. You should check your contract carefully, most employers list moonlighting, particularly for a competitor as gross misconduct. Basically you've done three things wrong - you've lied about being sick, you've not been at work when you should have, and worst of all, you've worked for a competitor, hence you've been working against the interests of your employer. Edit: The social security consider people who get sacked for gross misconduct to have deliberately made themselves unemployed, just as when you quit without reason. Although you can appeal against their decision you may find your benefits cut by up to 40% for up to six months. If grovelling and sincere apologies don't do the trick then try to find another job, quickly, since living on such a low income is virtually impossible. The friend that you worked for, have you considered asking him for a permanent job? Was this answer helpful to you? Yes / No

Vajradharma	Yes you could, you should be more careful in the future. Was this answer helpful to you? Yes / No

yahoo LK	You could odo, you should have taken the day as annual leave then its up to you what you do with the day but because you lied to your boss then went somewhere else to do work is a bit harsh! Was this answer helpful to you? Yes / No

greybeard	Yes, you can be fired for taking sickie even without setting up in competition with your employer. I would fire you instantly. Was this answer helpful to you? Yes / No

hardinglandman	It is never enough to say that any individual act is automatically gross misconduct. In english law, even if you punch a fellow employee there may be mitigating circumstances and each case has to be judged on its merits. In your case, however, your employer can argue that you have broken a fundamental term of your contract - mutuality of trust - and this could give rise to a gross misconduct dismissal. From the information that you have provided an Employment Tribunal would probably agree with your employer but it has to be stressed that the individual circumstances of the case must be investigated. Having said that - you have lied to your employer and worked for a competitor and it is difficult to see where you have an arguable case. Even if you did win at an Employment Tribunal there is a law of contributory fault which reduces any compensation payout if the employees behaviour can be deemed to have contributed to their dismissal. This can be a reduction of up tp 100%. Were you to go to Tribunal though you may have to put down a deposit of £500 and attend a pre-trial hearing to establish whether the case should go to a full hearing as it appears to be a very weak one. Your best bet may be to try and negotiate a decent reference but your employer is under no obligation to provide you with one of these either. Bad luck but you are very unlikely to win. Was this answer helpful to you? Yes / No

hmrhmr1717	Hello, There are a lot of variables here: In short it depends. It depends on the nature of the work you do and the work of your employer. If, for example, you work in sales and you start doing some work for a major competitor, your employer could see that as a fundamental breach of trust and dismiss for GMisconduct. Search your employment contract for a clause that prevents you from working elsewhere without the express permission from your employer. If you have it - there could be a problem with that. If you have lied to your employer about the reasons for not being at work then you have breached the implied term of mutual trust and confidence which is enough to terminate the employment. Also, potentially fraud if you have claimed company sick pay for a day you have not been sick... On the basis of what you have said, I would say that there is a fair case for dismissal on this occasion...sorry! Was this answer helpful to you? Yes / No

Jules	You're generally not allowed to work for a company AND their competition. thats why its gross misconduct. Was this answer helpful to you? Yes / No

John G	it is very likely what you did is a sack able offence , you lied, then went into direct competition with your job while still employed by them,thus gaining pay or reward from your employers Competition , it is probably illegal for the other company to employ you when they know that you were already employed by their competitors Was this answer helpful to you? Yes / No

jimbie	I think working for a competitor is the greatest no-no there is. In my contract, it says I can't even work for a competitor for 3 months after LEAVING the firm. So to do so whilst still employed is certainly not something good. Also you were supposed to have been off sick, and clearly you were far from sick. Added to that, I don't think you're meant to do any work for anyone else at all while employed, without express consent. I'm sorry to say but it looks like you've made the biggest mistake out there. Might be time to start looking or another job. Was this answer helpful to you? Yes / No

crazydave	Taking a sick day when you're not really sick happens all the time and people don't usually get fired for that. But to do work for a direct competitor could be grounds for dismissal, even if the competitor is a friend. If you have an employee handbook, does it say anything about outside employment or conflict of interest? Many will not allow it and if you are caught, you could be let go. Even worse, it could jeopardize your eligibility for unemployment benefits. Was this answer helpful to you? Yes / No

Cari	Yes, that is gross misconduct and yes, you should be sacked. I think you seem to have missed the point. You aren't being sacked for having a sickie. The reality is that all employers are aware that even great staff sometimes ring in sick even when they're not really ill, and provided it doesn't happen too often, they don't do anything about it. If it did happen very often or they knew for a fact that you really weren't ill, then they might give you a warning, but dismissal would be unlikely. What you are being sacked for is working for a competitor whilst you were off sick. Most employment contracts state anyway that you may not take on additional employment without the employer being aware in case there is a conflict of interests so you have breached your contract on those grounds. It is certainly a breach of trust that you have taken a sick day to do it - even taking annual leave would have been better. To be honest I don't really know why you are bothering to appeal - you don't stand a chance of winning. Was this answer helpful to you? Yes / No

Simon M	Well this isn't really just "having a sickie" is it? Firstly, you took a day off sick when you weren't sick at all. Secondly, you took a day off sick and worked for someone else, and thirdly, it was a competitor! Put it this way, if I was your boss, I'd have you sacked on the spot. Was this answer helpful to you? Yes / No

old.holly265	Claiming to be sick when not is misconduct and can be dealt with as such. Depending upon the circumstances, dismissal would not necessarily be wrongful. Working for a competitor whilst "off sick", creates an immediate breach of trust between the employer and soon to be ex-employee. This is certainly gross misconduct, and any dismissal, which is usually immediate (it's the equivalent of being caught with your hand in the till) is most definitely not wrongful. Don't even bother appealing. Your boss not only holds the aces - he has the complete deck! Your only hope is to confess all, promise never to do anything so stupid again and throw yourself on his mercy. Was this answer helpful to you? Yes / No

slider_666_666	There is unfortunately a good possibility. You will clearly have to attend a formal disciplinary hearing where you will have the opportunity to put across your side of the story. If you were in fact not sick and claimed sick pay from you employer then this was clearly claim under false pretences. I would suggest appealing to your boss and telling him you've made a hugh mistake and seeing if you could get away with a final written warning? Was this answer helpful to you? Yes / No

Han	oooh check your contract. In our ones for the lads (shopfitters) we specifically state they are not to do work for competitors, even if they are friends. It's bad luck mate that you got seen... yes he could sack you, but ONLY if you are in breach of your contract. It's made worse by the fact you threw a sickie to do it instead of booking holiday...oops! Sorry, it doesn't sound good to me. Perhaps a bit of grovelling and apologising might help, along with a promise to never ever to do it again (well, not get caught again!) Good luck. Was this answer helpful to you? Yes / No

Confused Hal	Yep I would sack you without a moments hesitation. 1, Pulling the sickie and getting caught 2, Taking a second job without permission whilst working for me 3, Working with a competitor 4, Complete and utter breakdown in trust. You could be sacked for any of them - all four together sorry mate your best option is accept responsibility, beg for your job and appeal to his better nature but I wouldn't be holding your breath. Was this answer helpful to you? Yes / No

cuddles_gb	The gross misconduct is not just for the sickie, it is for taking a day off falsely as sick leave when you are healthy (which alone would be a warning), but also to be found working for a COMPETITOR during that time! I mean, how silly can you be! Your boss has a strong case - speak to Citizen's Advice Bureau (or your union if you have one) to see if you have any rights left. Was this answer helpful to you? Yes / No

hr cubs girl	Not sure what state your in but that will be cause for immediate termination. 1. you lied about being sick 2. You were caught by your manager doing another job for a competitor while you called in sick from your job. Yes that is grounds for termination. Was this answer helpful to you? Yes / No