Advice on Employment Law and Sickness

[buddie994]

Hi all

 

I am after a wee bit of advise.

 

My friend has been working for a company(lets call that company Marks&Sparks) for sometime now- almost three years now.

 

Last September she got ill with breathing problems and was off for 7 weeks. When she went back, the company refused to move her to a different department so that her health wouldn't affect her ability to work.

.

In January this year, she got ill again. Exactly the same as last September. She has been in and out of hospital at numerous occasions and neither her Consultant nor her GP has any idea of what is up with her.

 

She receives no money from the company as her SSP has ran out.

 

Today she had a meeting with her bosses and they told her that she had 24 days to get a date of her return to work from her consultant otherwise she will be sacked(ill-health dismissal) or she has to resign.

 

The advise I am after, is the ultimatum from M&S allowed and is this legal?

[Sidewinder]

Normally the suggestion would be that with a recognised condition, it is worth going down the DDA route (long-term condition affecting one's ability to work) and whereby the employer would be obliged to consider 'reasonable adjustments' in order for the employee to remain in work. The problem here is that this seems to be an undiagnosed condition, so it looks as though the employer is looking at capability as a potentially fair reason for dismissal.

 

If your friend is employed as a [job title] and is unable to fulfil her contract whether due to illness or other reasons, then the employer is entitled to dismiss using due process due to that breach of contract. They do have to be careful though, and it would help considerably if the doctor was able to come up with a diagnosis.

 

To be fully in the right, the employer should follow correct procedures, which may include an independant medical assessment, or permission to contact your friend's GP/Consultant. They should also be exploring alternative roles, but only if they exist, and she should be allowed to be accompanied at any meetings whereby action is being considered. She must also be given the right to appeal any decision, so resignation should not be considered as this may close the doors to any action if it were to come down to that.

 

You say that she receives no money as her SSP has run out? Do you actually mean SSP or company sick pay? SSP can be paid for up to 28 weeks.

[Allwood]

Hi all

 

I am after a wee bit of advise.

 

My friend has been working for a company(lets call that company Marks&Sparks) for sometime now- almost three years now.

 

Last September she got ill with breathing problems and was off for 7 weeks. When she went back, the company refused to move her to a different department so that her health wouldn't affect her ability to work.

.

In January this year, she got ill again. Exactly the same as last September. She has been in and out of hospital at numerous occasions and neither her Consultant nor her GP has any idea of what is up with her.

 

She receives no money from the company as her SSP has ran out.

 

Today she had a meeting with her bosses and they told her that she had 24 days to get a date of her return to work from her consultant otherwise she will be sacked(ill-health dismissal) or she has to resign.

 

The advise I am after, is the ultimatum from M&S allowed and is this legal?

 

Your friend should tell the company wants to be referred to OH and get a copy of the referral from that they sumit to the OH as sometime they do not put the correct information on these forms. What has the GP put on the sick notes. Is the the same conditon all that she has been off with. Your friend should also put it in writing that she would like to moved to another department for heath reasons.

 

Was it the line managers that you friend had a meeting with and was there minutes taken of that meeting? Was your friend made to sign the minutes that they took of the meeting. Your friend dose not have to resign but they are hoping that she will do. Do not safisfied them by doing this.

 

A little bit more information would enable a fuller reply.

Edited July 5, 2010 by Allwood