My husband injured his leg moving an (unbeknown to him) broken table last October. He has been off work since and the OT employed by his firm has said he will be unable to return to work. He has worked for his company part time for the past 13 years and is very upaset at the treatment he has received from them
His employers have written the following letter
"As you are aware, it is the opinion of Dr** that you are not medically fit to do your job and that , in his professional opinion you may never get back the flexibility in your knee required to do your job. We would obviously like to discuss this with you further. However I understand that you do not consider that you will be in a position to perform your role again and note that you would like to pursue a financial settlement with us.
In the circumstances , and without admission of any liability whatsoever, we would be prepared to to agree for your employment to terminate and to make a payment to you in lieu of your 12 weeks notice period, in full and final settlement of any claim you may have against us. Notwithstanding that you have exhausted your SSP entitlement, I propose that this notice payment should be based on your full pay , subject to tax and national insurance contributions in the the usual way.
You would also receive a payment in lieu of accrued holiday pay.
As you will appreciate , if this is not acceptable to you, then we will have no choice but to continue to follow our relevant sickness procedures which regretably could ultimately result in the termintion of your employemnt with us on grounds of incapacity. In this scenario, we would, of course want to discuss your current condition with you (including what (if any) adjustments we could make to your role and any alternative employment that may be available to you within ****) before we make a final decision.
If this proposal is of interest please sign and return a copy of this letter, following which this would become an open and binding contract.
(he has been asked to sign the following)
To whom it may concern
I confirm that I wish for my employment with *** to terminate with immediate effect on ****. I acknowledge that I will receive a payment in lieu of any accrued untaken holiday as at that date and payment in lieu of of notice (as set out in this letter) in full and final settlement of any claims that I may have against ***wether contractural statutory or otherwise.
I acknowledge that in the event that I were to bring any claim against ***** not withstanding my agreed waiver of claims, I would be required to immediately repay to *** the sums paid to me for the 12 weeks notice period which would otherwise be recoverable from me as a debt"
We would like to know if the terms they have issued are legally binding and would like some advice.