Employment law advice needed
Discussion
Thanks, didn't even realise they existed. The problem is can we or how do we get to this point. Should we suggest this route or is it up to the employer?
Situation is employee off sick (with doctors notes and letter to employer giving details)for about 4 months, been with company for about 18 months. Not currently getting sick pay but company and employee both want to move forwards.
Situation is employee off sick (with doctors notes and letter to employer giving details)for about 4 months, been with company for about 18 months. Not currently getting sick pay but company and employee both want to move forwards.
I have advised him to go and have a free 30 min consultation with a specialist solicitor.
In the meantime should we mention an agreement to the employer or should we wait for them to suggest it? Don't want to appear too keen to grab money/or leave etc but both parties want a resolution.
In the meantime should we mention an agreement to the employer or should we wait for them to suggest it? Don't want to appear too keen to grab money/or leave etc but both parties want a resolution.
phoenix said:
I have advised him to go and have a free 30 min consultation with a specialist solicitor.
In the meantime should we mention an agreement to the employer or should we wait for them to suggest it? Don't want to appear too keen to grab money/or leave etc but both parties want a resolution.
In the meantime should we mention an agreement to the employer or should we wait for them to suggest it? Don't want to appear too keen to grab money/or leave etc but both parties want a resolution.
Let the solicitor make the decisions - thats what he is there for. there is no rush... Never appear keen to take a deal.
I don't see a strong case for the employer wanting to compromise here, i.e. someone with only 18 months of service, and a long term sick issue. Of course much depends on the reason for sickness and the devil is always in the detail, but employer could potentially terminate employment on 'unfit for work' grounds if they can show that they have followed due process in tyring to get the employee back to work.
That's what I was thinking. Does the employee have a leg to stand on. So far both parties have been honest and upfront about things.
The employee has indicated he enjoyed his job and would like to return when fit. The employer has asked if they can do anything to help him get back to work and what duties he could perform etc.
If he was to resign would they have to pay him a months pay in lieu of notice and o/s holidays or because he is on zero sickpay will he get nothing when he resigns. His reason for sickness may or may not make him fit for work soon, doctors cannot give a clear timescale, but as he has been off for a long time already my personal oppinion is that I can't see him returning.
The employee has indicated he enjoyed his job and would like to return when fit. The employer has asked if they can do anything to help him get back to work and what duties he could perform etc.
If he was to resign would they have to pay him a months pay in lieu of notice and o/s holidays or because he is on zero sickpay will he get nothing when he resigns. His reason for sickness may or may not make him fit for work soon, doctors cannot give a clear timescale, but as he has been off for a long time already my personal oppinion is that I can't see him returning.
Edited by phoenix on Wednesday 16th August 13:34
Your friend should check whether he has any legal expenses insurance which may help him in this situation. It's often bolted on to household insurance policies. It may get him some advice at this stage.
Also see if they employer is part of a scheme where there is a helpline (mine is part of an ICAS scheme whereby employees can get advice).
Is there is any likelyhood that your friend is "disabled" under the DDA? If so there might be some additional factors that come into play.
He really does need good advice.
Also see if they employer is part of a scheme where there is a helpline (mine is part of an ICAS scheme whereby employees can get advice).
Is there is any likelyhood that your friend is "disabled" under the DDA? If so there might be some additional factors that come into play.
He really does need good advice.
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