Is this garden leave??***Resolved***

[Emmzzi]

"garden leave" is when you are not working yoru notice but need to be available

 

this is "medical suspension" and most organisations would resume wages

[Emmzzi]

Received a letter stating I would be on half pay from now on. @phoned HR but the person I need to speak to is on leave.

 

 

Dear company,

 

as you are aware my doctor has signed me on as fit to work

 

I have been waiting for X weeks at your request for an additional medical check. I am fit and fully able to resume duties, yet about to be put on half pay.

 

This feels discriminatory. Please confirm I am in fact on medical suspension at your request and will continue to receive full pay, or confirm I can recommence duties immediately.

 

Yours,

 

you.

[Emmzzi]

If they think you have a mental health concern going in heavy handed may simply confirm their prejudice. I would send the letter first....

[Emmzzi]

what good will seeing your GP do?

 

push hard, very day, for that OH appointment. Not having it is costing you.

[Emmzzi]

excellent!

[Emmzzi]

what happened between this thread and you being unemployed?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?486143-Is-this-garden-leave/page2

[Emmzzi]

dondada,

 

just quoting cases is like taking someone to a law library and saying "look at all the books!"

 

What is helpful is highlighting the specific circumstances of the ruling, the specific point of law, and in what way they are like the posters case. If they posters case does not rely on the same point of law, then they are not useful cases.

 

G4S versus Powell probably does not apply here, because it concerned a case of disability. Illness is not disability except in very specific circumstances.

[Emmzzi]

The OP said he had stroke about 6 months agoThe govt guidelines list stroke as long term impairment deemed a disability

 

https://www.gov.uk/government/publications/equality-act-guidance

 

 

It is on page 8 G4S v Powell is clearly applicable to his case

 

I am afraid your reading comprehension is flawed. That page says disability CAN arise from a stroke, not that it DOES ALWAYS. Indeed I know a large number of people who have made a full recovery from a stroke and gone on to live very active and fulfilling lives. I hope this also happens for the OP.

 

So unless OP can give is a fuller view on the condition and if it meets the legal definition of disability, I am afraid further case law is of no relevance.

[Emmzzi]

By the way, I thought other readers might like a summary of the case referred o

https://www.personneltoday.com/hr/the-10-most-important-employment-law-cases-in-2016/

 

6. Pay protection can be a reasonable adjustment

 

G4S Cash Solutions (UK) Ltd v Powell (EAT)

 

What happens to the pay of a disabled employee who is moved to a new role because he or she is unable to continue in an old role?

 

In Powell, a maintenance engineer developed back problems and retained his existing terms and conditions, but moved to the lesser role of “key runner”.

 

However, a dispute arose after his employer said that it would only keep the role, which it said was designed to be temporary, if he agreed to a reduction in pay.

 

In the engineer’s subsequent disability discrimination claim, the EAT accepted that, while not an “everyday event”, there is no reason why pay protection cannot be a reasonable adjustment as part of a package of measures to get an employee back to work.“

 

You will see from the wording that pay protection is seen, in some cases, as a reasonable adjustment to help an employee back to work, but it is by no means suggested it applies in every case, or is necessary in every case. More explicitly “However, it also said that the question of whether it was reasonable for that particular employer was separate and should be considered on a case-by-case basis” (http://dixcartlegal.com/articles/employment/disability-reasonable-adjustments-can-include-protecting-pay)

 

So it would be nothing short of reckless to encourage people, even those with a clearly evidenced disability, to rely on this case law.

 

Dondada, I think if you are going to ask Sangie to quote laws to support their advice, your own evidence needs to be of a much higher quality too. Otherwise people will be confused and misguided. This should, to my mind, be a place for help and support, not debating club. Usually I’ve got better things to do than hunt down and refute inappropriate case law, but when I have time, I’ll keep doing it, so people are well informed.

[Emmzzi]

In reply to ericsbrother and the point he made - wouldn't any employer, irrelevant of the length of time in charge of an employee, be required to be cognisant of any legislative changes and be required to implement such according to such members of the affected workforce?

 

 

In 21 years, have you ever needed an adjustment to accomodate your diabetes? I have MS but don't really need them to do anything abiout it.... managing my condition is currently down to me!

[Emmzzi]

My case against my employer is now in the early conciliation process with ACAS.

 

 

Hopefully they will decide it's not worth the risk of expense of defending an ET and make an offer Fingers crossed!

[Emmzzi]

A no win no fee lawyer?

[Emmzzi]

Then I would take their steer and let them get on with it