negotiated settlement?

[postggj]

The date of the absence is important that they be factual

 

Depending on what the company sick policy is, it is normally xyz amount of absence in a 12 month period

 

Which all depends on the last sickness date to invoke the procedure

[smokejumper]

removed

Edited June 27, 2013 by smokejumper
bad advice

[smokejumper]

removed

Edited June 27, 2013 by smokejumper
bad advice

[postggj]

You will be ill advised to end the meeting if you feel you have been "ambushed"

 

We do not even know if this is a fact finding interview, full disciplinary, or just a friendly chat

 

Depending on what sort of meeting this is, then the ACAS code of practice will be applicable

[smokejumper]

Sorry by ambushed, I meant if it turned out to be a discipline hearing. They need to first tell you , you have the right to be accompanied.

The line about occupation health service , in my opinion, suggests to me, that they may have your interests at heart.

I suppose that wasn't your question though ;-)

 

Postggi and dasiy, sorry if I'm not helping, I apologise if I said anything that was bad advice, it wasn't my intention.

 

I hope I haven't upset anyone.

[postggj]

Its OK

 

We all have to learn

[daisyw]

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.

 

many thanks

[BRIGADIER2JCS]

Do you consider that the employer has been negligent in any way or could have prevented the accident?

[daisyw]

My husband tried to move a table holdng a computer (he is a decorator) and the table collapsed. He braced his legs to prevent the computer from falling and injured his knee. He was told that he desk had been unstable for quite a while despite a report being made to management

[Atlas01]

Well it will more than likely be legally binding so you work out if your claiming or not (via a claims solicitor) and choose from there

 

Can you get any evidence the desk had been reported, word of mouth from a current employee = no evidence as they will not come forward

[steampowered]

If he signs the letter then it will most likely be legally binding. They are basically offering 12 weeks' pay for your husband to abandon any employment or personal injury claim he might have.

 

I do not see any reason why he should sign the letter. If your husband was dismissed on the grounds of incapacity - which the employer is probably entitled to do if he is genuinely not capable of going back to work - he would have to be paid for his notice period anyway. So he would effectively be signing away any personal injury claim for nothing, and he would also be losing the chance of having adjustments made or getting an alternative role with the company (if this is realistic).

 

It is not obvious to me that a broken table is enough to win a personal injury claim ... but it might be, and given the fact he can no longer work perhaps it is worth investigating.

[honeybee13]

Hello Daisy.

 

I've merged your new question with a couple of your old threads. This will keep the information together and help the people trying to advise you. The easier you make it for them, the more advice you're likely to receive.

 

You don't need to start a new thread when you have a new question; if you add it to this thread, it will go back to the top of the forum and the guys will notice it.

 

HB

[Emmzzi]

ah ok. Last time we suggested you try a no win no fee injury lawyer.

 

Did you do that?

[daisyw]

Thank you Honeybee.

 

We didnt consult an injury lawyer. We hoped to draw all of this to an end and then find someone to help us. To be totally honest we are out of our depth really.

[honeybee13]

Well, Steampowered seems to be saying you don't have to sign. I'm not a forum expert, but 3 months' money not to claim doesn't seem all that much, necessarily.

 

They must be allowing a few days for you to have a think and take advice on this.

 

If you're out of your depth, you can still ring around a few no win no fee [NWNF] personal injury lawyers to see if they think you have a case. Or fee-charging lawyers if you prefer that. If they don't think you have a case, they will tell you.

 

I guess you want to compare the value of a possible claim against the company for the injury against the amount the company are offering. But from what you've said, this is money he's entitled to anway?

 

HB

[honeybee13]

Daisy, here's a link to the Law Society's website with a write-up on PI claims. It also tells you how to find a specialist, and there's a box on the right hand side where you can type in your postcode and find people locally to you. It covers England and Wales, are you in one of those please?

 

http://www.lawsociety.org.uk/for-the-public/common-legal-issues/personal-injury-claim/

 

HB

[daisyw]

Thank you for the information Honeybee. We will ring around on Monday.

I feel he is being pushed into a corner, the payment only equates to just under two thousand pounds (he works part time while caring for our disabled son) which wont last vey long.

[Emmzzi]

I wouldn't sign. I'd let it play out.

 

I'd also question lifting a desk with things on it instead of lifting the things then lifting the desk; I don't think the case is clear cut in terms of blame.

[steampowered]

Hi Daisy

 

It doesn't sound like this is going to come to an end by itself. Rather than just dismissing him and paying the 12 weeks' notice pay he is entitled to, the employer wants him to agree not to make a personal injury claim before they pay the money.

 

I am sure the employer would be happy to keep your husband in limbo. There is no incentive for the employer to drive this forward.

 

If you need the money I think you need to be driving this forward. You need to be driving forward any potential personal injury claim, the employer is not going to sort it out for you. Once you have taken some advice you will be in a better position to negotiate a better termination settlement. The settlement amount will depend on how strong the claim is and what kind of compensation you would get if successful.

[Emmzzi]

my apologies, had forgotten about not getting sick pay - steampowered is right.

 

Get a NWNF as soon as you can to get some action going.

[daisyw]

So does this mean that he will still be entitled to notice payment at a later date?

[Emmzzi]

yes, whatever is in his contract. and don't forget the holidays he is accruing while off sick.

[daisyw]

Sorry, final question. If he is offered alternative employment and doesnt accept will he forfeit his notice?

[suziebear67]

Hi did your husband fill in a form for industrial injuries benefit as his injury happened at work.

 

Sue

[steampowered]

Hi Daisy

 

I don't think there is a totally straightforward answer to your question. A change of job title would usually be seen as a change in the employment contract which would need to be accepted by both parties. Therefore if your husband does not accept he would still be incapable of doing his current job due to incapacity so should still be due 12 weeks' notice.

 

But I guess there is at least a possibility that employer could argue that it is not a new job at all but rather has made adjustments to allow your husband to return his current job. In this scenario your husband would not be unable to do his job due to incapacity, the employer could see his refusal to work as gross misconduct and would dismiss him without any notice pay. I think this scenario is unlikely - especially without some sort of medical report saying he is able to work with certain adjustments - but it is possible.

 

I think this is a bridge to cross when you come to it, as more details would be needed to give proper advice.