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Does sick leave count as part of your first 12 months of employment?
e.g. If you had 2 months of work in receipt of sick pay and then SSP in your first 12 months of employment, would it be 14 months after your initial contract date before you had the right to claim unfair dismissal?
IANAEL bu tit seems to me the duration of the contract would have to include any time off for whatever reason - is the test not "continuous emplyment"? - it would only be not continuous if you'd been sacked/resigned in-between Shirley?
*shines certain spotlight in sky*
I am fairly sure not. Its one year from the date you started employment.
Your probation could be extended by the sick time tho
Even though you are sick you are still employed so yes it does count.
If I had been sick for 2 months in my first year I'd [b]expect[/b] to be fired before the year was out!!!
So would I!
It isn't actually me, I was asked the question and couldn't find anything through Google.
Probably because it very rarely happens. Not sure who would stick with an employee with such extended sick leave in their probation.
Depends on circumstances doesn't it... 2 months if it's a single episode could just be a one off injury, doesn't imply anything about fitness for work.
As far as I can recall it's one year regardless of holidays and sickness but I can't lay hands on texts just now so take it with a pinch of salt.