Well versed in employment law? - Please help

16 replies
Found 28th Nov 2008
This is an appeal to anyone working in law who KNOWS what they're talking about (please, no guesses as this is important) - Please help if you can.

A person has been employed by a company for 6 months, is now signed off sick by their employer, but can still do 50% of their job. The employer refuses to acknowledge this.

A doctor has NOT signed this person off, but in a note has detailed that some aspects of work cannot currently be done.

The person feels in a position of either accept statutory sick pay, or being dismissed and left with nothing.

Is there anything that can be done, or any entitlement this person is due in such situation?

The company has no sick pay policy, so statutory is the only way, but at £75 per week that doesnt even cover rent.

Thanks in advance.

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16 Comments

Supermod

Search for "implied" and "express" terms of contract.
His employer has a right to expect him to complete 100% of his task and if he isnt signed off, he should be completing his work to the standard of an ordinary reasonable person.
Although it might seem unfair on the employee, its more unfair on the employer.

going on my own circumstances. I was signed off but, my company who also didn't have a sick scheme. They finished me saying that I was unfit for purpose. They could legally do this as I had not worked for them for long either. This is dodgy as you are not covered. Best bet is to get on sick pay from government cause they can and will finish him.

mrgooboo;3597795

going on my own circumstances. I was signed off but, my company who also … going on my own circumstances. I was signed off but, my company who also didn't have a sick scheme. They finished me saying that I was unfit for purpose. They could legally do this as I had not worked for them for long either. This is dodgy as you are not covered. Best bet is to get on sick pay from government cause they can and will finish him.


Phone CAB who will tell you the law over the phone

ring acas they are the masters in employment law they have helped me out loadsa times,

Regional offices and national teams
Helpline numbers:

Monday - Friday 08:00 - 18:00 - 08457 47 47 47
Monday - Friday 08:00 - 18:00 - (for Minicom users) - 08456 06 16 00


The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

As a result of extremely high demand on our services, some callers may find that they are unable to get though to our helpline. In some cases this may mean calling at a different time of day. We will be expanding our helpline service from January 2009 but we'd be grateful if you could bear with us during these busy times.

Original Poster

Thanks for the help guys.

ACAS did say that the emploer is obliged to make 'reasonable adjustment' to accomodate temporary medical needs, but pressing the employer to make such adjustments could result in being fired without comeback, as employment has been less than 12 months.

I just hoped someone on here with a greater knowledge knew something the ACAS guy didnt.

BorisTheSpider;3598027

Thanks for the help guys.ACAS did say that the emploer is obliged to make … Thanks for the help guys.ACAS did say that the emploer is obliged to make 'reasonable adjustment' to accomodate temporary medical needs, but pressing the employer to make such adjustments could result in being fired without comeback, as employment has been less than 12 months.I just hoped someone on here with a greater knowledge knew something the ACAS guy didnt.



oh ok x♥x

I work at a solicitors so I can ask on Monday for you, if you can wait that long ?

Original Poster

libbitom1;3598844

I work at a solicitors so I can ask on Monday for you, if you can wait … I work at a solicitors so I can ask on Monday for you, if you can wait that long ?



Yes of course, that'd be great - thanks

BorisTheSpider;3599149

Yes of course, that'd be great - thanks



Ok, I'll get back to you Monday. A question - you say they can't CURRENTLY do the work, any idea how long it'll be before they are able to do all the job again ?

Is their health problem covered by Disability Discrimination Act. If so the employer is legally required to make adjustments.

Original Poster

ktdd18;3599664

Is their health problem covered by Disability Discrimination Act. If so … Is their health problem covered by Disability Discrimination Act. If so the employer is legally required to make adjustments.



Thats the problem - in getting them to make adjustments they may simply (likely) sack this person.

I would ideally like to hear of any legal reason they must make adjustments, without being able to sack, or of any financial entitlement following being sent home without being medically signed off.........but i fear 6 months working there offers none.

Original Poster

libbitom1;3599372

Ok, I'll get back to you Monday. A question - you say they can't … Ok, I'll get back to you Monday. A question - you say they can't CURRENTLY do the work, any idea how long it'll be before they are able to do all the job again ?



Thanks.

With the NHS being useless, surgery is now not until until Feb, so full recovery by March.

I dont see how they can expect someone to be able to live off £75 per week, including rent and bills.

The government not only gives more money to ppl who sit on their ***** all day, offer nothing to society, and only ocassionally move to breed for the n'th time, but also gives them a house to live in too. Its all wrong.

BorisTheSpider;3599929

Thanks. With the NHS being useless, surgery is now not until until Feb, … Thanks. With the NHS being useless, surgery is now not until until Feb, so full recovery by March.I dont see how they can expect someone to be able to live off £75 per week. The government give more to ppl who sit on their ***** all day, offer nothing to society, and only ocassionally move to breed for the n'th time.



I'd have to agree with you there...........Okay, I'll make a note of all the points you said and i'll pass them on and get my colleague to give their professional opinion. Speak to you Monday

Original Poster

libbitom1;3600013

I'd have to agree with you there...........Okay, I'll make a note of all … I'd have to agree with you there...........Okay, I'll make a note of all the points you said and i'll pass them on and get my colleague to give their professional opinion. Speak to you Monday



Thanks again.

no one is expected to live off £75 pw, get him/her down to the cab to see what other benefits are available such as rent/council tax rebate etc..do it now as sometimes they are not backdateable to before the claim.

im in the same /similar situation i cannot work so i was sent home i have had to contact [COLOR="Red"]occupational health [/COLOR]
and my union solicitors
your friend needs to go back to the doctor and explain the situation and get the sick note if possible
however a lot of companies will not pay sick money unless you have been there 1 yr so the contract of employment needs to be checked asap to see what they are entitled to
also if the injury occurred at work a solicitor should be contacted
if the injury did occur at work you need to get an industrial injurys diablement form from the dhss this will then start a paper chain and may assist with £££
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